Commission protected species surveys for your site

When you need protected species surveys

If your development involves demolition, construction, land clearance, tree felling, or changes to buildings or landscapes, you may need ecological surveys before works begin. These surveys identify whether legally protected wildlife uses your site and whether your development could affect them.

Getting surveys wrong or skipping them can halt your project and expose you to criminal prosecution. The law protects species regardless of whether you knew they were there. Commissioning surveys early is the single most effective way to avoid costly surprises.

The consequences of proceeding without surveys include criminal prosecution. For the most serious breaches, the maximum penalty is 12 months' imprisonment and/or a £40,000 fine on summary conviction, or 5 years' imprisonment and/or a fine on indictment. Projects can also be delayed by 6 to 12 months if species are discovered during works, and planning permission may be refused where ecological information is insufficient.

What triggers the need for surveys?

You should assume surveys are needed if your development involves any of the following:

• Demolishing or converting buildings (particularly older buildings with roof voids, cellars, or hanging tiles that could support bat roosts)
• Felling or pruning mature trees (which may contain bat roosts, nesting birds, or support lichens and invertebrates)
• Clearing vegetation, hedgerows, or scrubland (which may shelter nesting birds, reptiles, or small mammals)
• Developing near ponds, ditches, or wetlands (which may support great crested newts or water voles)
• Excavating or constructing within 30 metres of known or suspected badger setts
• Working near watercourses (which may support otters, water voles, or kingfishers)
• Any development in or adjacent to a Site of Special Scientific Interest (SSSI), Special Area of Conservation (SAC), or Special Protection Area (SPA)

Your local planning authority may also have specific requirements based on local biodiversity records. Check their validation checklist before submitting a planning application.

Types of ecological survey

Ecological surveys follow a staged approach. You do not need to commission every type of survey for every site. A preliminary appraisal identifies what further surveys are needed, and you commission only what is relevant.

Preliminary Ecological Appraisal (PEA)

This is the starting point for almost every development project. A PEA combines a desk study (checking local biological records, historic survey data, and habitat maps) with a walkover survey of the site. The ecologist assesses the habitats present and identifies the potential for protected species.

A PEA can be done at any time of year, costs £500 to £1,500, and typically takes 2 to 4 weeks. If no potential for protected species is identified, you may proceed without further survey work.

Species-specific surveys

If the PEA identifies potential for protected species, you will need targeted surveys. The most common species-specific surveys for development sites are:

• for bats, a Preliminary Roost Assessment followed by emergence and re-entry surveys, which are seasonal
• for great crested newts, presence or absence surveys of ponds within 250 metres of the development (extending towards 500 metres only where habitat connectivity warrants it), using eDNA sampling, torch surveys, bottle trapping or egg searches between March and June
• for badgers, a search for setts, latrines, paths and feeding signs, possible year-round but best in late winter or early spring when vegetation is low
• for nesting birds, breeding bird surveys if you plan to clear habitat during the nesting season
• for reptiles, presence or absence surveys using artificial refugia (April to June or September)
• for water voles, waterway surveys for latrines, burrows and feeding signs (April to October)

Seasonal survey windows

Most species-specific surveys can only be carried out during defined periods of the year. Missing the survey window means waiting until the next season, which can delay your project significantly. Plan survey work as early as possible in your development programme.

Key survey seasons

If you commission a PEA in autumn or winter and it identifies the need for bat emergence surveys, you will not be able to complete those surveys until the following May at the earliest. This means a 6-month delay before you can submit your planning application with full survey data. Commission your PEA as early as possible, ideally before you purchase the site or finalise your development programme.

Choosing a qualified ecologist

The quality of your ecological surveys depends on the ecologist you appoint. A poorly conducted survey can lead to incorrect conclusions, planning refusal, or legal liability.

What to look for

• Membership of the Chartered Institute of Ecology and Environmental Management (CIEEM), whose members are bound by a code of professional conduct.
• The right survey licences. Bat surveyors must hold a Natural England bat survey licence (Class Licence CL18 or equivalent), and great crested newt surveyors need a licence for eDNA sampling. Ask to see licence numbers.
• Experience of projects similar in scale and type. Ask for examples.
• Professional indemnity insurance, in case survey conclusions prove wrong and you face prosecution or delays.

Key questions before appointing

• What surveys do you recommend, and what are the seasonal constraints?
• Can you provide a fixed-fee quote covering all recommended survey stages?
• What is the shelf life of the survey data (typically 12 to 18 months)?
• If a mitigation licence is needed, can you act as the named ecologist?

Typical costs

A Preliminary Ecological Appraisal typically costs £500 to £1,500 and a bat Preliminary Roost Assessment £300 to £800 per building or tree. Bat emergence surveys cost £500 to £1,200 per visit, and several visits are usually needed. A great crested newt eDNA survey costs £400 to £800 per pond. A full ecological survey package can cost £2,000 to £10,000 or more, depending on the size and complexity of the site.

Interpreting survey results

Survey reports lead to one of three outcomes for your development:

No protected species found

You can proceed subject to standard precautions. Your ecologist should still recommend timing vegetation clearance outside bird nesting season (March to August), since nesting birds are protected regardless of survey findings.

Protected species confirmed - licence required

If your development would affect confirmed protected species, you need a mitigation licence from Natural England. The application must demonstrate the three derogation tests (overriding public interest, no satisfactory alternative, favourable conservation status maintained). Allow at least 30 working days for determination. Licence fees apply under the Wildlife Licence Charges (England) Order 2025.

Protected species confirmed - avoidance possible

In some cases, impacts can be avoided through careful timing and method without a formal licence. For example, vegetation clearance outside nesting season, or installing bat boxes before demolishing a building with a low-status roost. Your ecologist will advise whether reasonable avoidance measures are appropriate.

Survey data is typically valid for 12 to 18 months. If your planning application is delayed beyond this period, you may need update surveys.

Common mistakes to avoid

• Commissioning surveys too late is the most common and most expensive mistake. If you need bat surveys but it is already October, you face a 7-month wait until the survey season opens in May.
• Planning authorities and Natural England will reject reports from surveyors without the right licences and experience.
• Clearing hedgerows, scrub or trees before the surveys are done does not remove the legal protection. If protected species were present, you have committed an offence whether or not you knew.
• No licence is available to disturb nesting birds for development. If an active nest is found, all work in that area must stop until the chicks have fledged.
• Small sites are not automatically low risk. A single mature tree can support a bat roost, and a garden pond can support great crested newts.
• Survey data has a shelf life of 12 to 18 months, so if your project is delayed you may need to pay for update surveys.