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Construction & Property

Protected species offences and penalties in Scotland

Quick reference for criminal offences and penalties relating to protected species in Scotland. Covers European Protected Species, Wildlife and Countryside Act offences, raptor persecution, beaver protection, and vicarious liability.

Scotland
Guide summary

You must protect certain species and their habitats in Scotland. It is illegal to harm, disturb, or destroy them. Penalties include fines up to £5,000 or prison. Employers can be held responsible for employees' actions.

  • Do not harm, disturb, or kill protected species like eagles or beavers
  • Obtain NatureScot licences before activities affecting habitats
  • Train staff on species protection laws to avoid vicarious liability
  • Report suspected wildlife crime to Police Scotland immediately
  • Maximum penalty: £5,000 fine and/or 6 months imprisonment per offence
  • Beavers are protected since 1 May 2019—avoid damaging lodges or dams
  • Landowners may be liable for employees’ wildlife offences
  • Keep records of compliance checks and training
  • Use Police Scotland’s wildlife crime officers for guidance
On this page
Scotland

Criminal offences and maximum penalties for protected species offences in Scotland.

Raptor persecution and vicarious liability

Beaver-specific offences

For how to obtain species licences to avoid committing these offences, see Apply for a species licence from NatureScot. For ecology survey requirements, see Ecology survey requirements for construction in Scotland.

Apply for a species licence from NatureScot

How to apply for a NatureScot species licence when your business activities could affect protected species in Scotland. Covers European Protected Species licences, the three derogation tests, application process, and what happens if you proceed without a licence.

Understanding nature conservation law in Scotland

How Scotland's nature conservation framework works, why it differs from England and Wales, and what it means for businesses operating in Scotland. Covers the role of NatureScot, the hierarchy of protected areas, species protection, the biodiversity duty, and how conservation requirements interact with the planning system.

Trees and hedgerows: quick reference for businesses

Quick reference covering felling licence thresholds, Tree Preservation Order penalties, hedgerow notification periods, conservation area rules, restocking obligations, and key contact points for businesses managing trees and hedgerows.

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How to assess flood risk to your business premises and implement practical protection measures. Covers checking your flood zone, resistance and resilience measures, creating a flood plan, securing commercial flood insurance, and available grant funding for property flood resilience.

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How coastal erosion risk affects business premises, planning restrictions in Coastal Change Management Areas, Shoreline Management Plan policies, and options for coastal businesses including adaptation, rollback, and relocation.