Understanding UK wildlife law for businesses
An overview of how UK wildlife protection law affects businesses, from construction and agriculture to events and tourism. …
How to obtain wildlife licences from Natural England before development that affects protected species. Covers European Protected Species mitigation licences, bat surveys, badger sett closures, the new charging regime from April 2025, and devolved licensing differences in Wales, Scotland, and Northern Ireland.
You must get a wildlife licence from Natural England before starting any development that could harm protected species like bats or badgers. Check if your project affects protected species and apply at least 30 working days before work starts. From April 2025, you will need to pay a fee for most licences.
An overview of how UK wildlife protection law affects businesses, from construction and agriculture to events and tourism. …
How to commission ecological surveys for development sites that may support protected species. Covers when surveys are needed, …
Legal obligations for managing invasive non-native species on business premises and development sites. Covers Japanese knotweed, giant hogweed, …
How to comply with mandatory 10% biodiversity net gain (BNG) requirements when developing land in England. Covers the …
What environmental, animal health, and land management rules still apply to farms now that cross-compliance has ended. Explains …
If your development could affect protected species or their habitats, you must obtain a wildlife licence before works begin. Working without a licence is a criminal offence, even if you have planning permission. The licensing requirement applies to demolition, construction, land clearance, and any activity that could disturb, injure, or kill a protected species or damage a breeding or resting place.
From April 2025, Natural England charges for most wildlife licence applications that were previously free. Budget for these fees early in your project planning alongside ecological survey costs. The charging regime applies to new applications and amendments.
Bats are the most commonly encountered protected species on development sites. All UK bat species are European Protected Species, and surveys must follow strict seasonal windows. Missing the survey season can delay your project by up to 12 months.
Badgers and their setts are protected separately from EPS under the Protection of Badgers Act 1992. If your development site is within 30 metres of a badger sett, you are likely to need a licence. Sett closures can only take place between July and November, so plan accordingly.
Proceeding without the correct licence carries serious criminal penalties. Ignorance of protected species on your site is not a defence. Commissioning ecological surveys and obtaining licences before works begin is the only way to protect your project from prosecution and delay.
Appoint a suitably qualified ecologist to carry out a Preliminary Ecological Appraisal (PEA) of your site. This desk-based and walkover assessment identifies the potential for protected species and recommends further surveys. A PEA can be done at any time of year.
Based on the PEA findings, commission targeted surveys for identified species. Bat emergence surveys run May to September, great crested newt surveys March to June, and badger surveys year-round. Allow sufficient time for the full survey season.
If protected species are confirmed, your ecologist prepares a mitigation strategy. This must satisfy the three derogation tests for EPS licences, showing overriding public interest, no satisfactory alternative, and maintenance of favourable conservation status.
Apply to Natural England with your completed survey data, mitigation strategy, and method statement. Allow at least 30 working days for determination. Include the application fee under the new charging regime. Your application must name an accredited ecologist.
Once granted, works must follow the licence conditions exactly. Your named ecologist must supervise the licensed activities. Keep the licence on site and ensure all contractors understand the constraints. Report any incidents to Natural England immediately.
Most licences require post-development monitoring of mitigation measures (such as bat boxes, replacement setts, or newt ponds). Your ecologist submits monitoring reports to Natural England as specified in the licence conditions.