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Wildlife licence quick check for development and land projects

Quick decision tree to determine if your development or land management activity requires a wildlife licence from Natural England.

Construction & Property Starting Updated 2 November 2026

Does your project need a wildlife licence?

Answer three questions to find out whether you need a licence before work starts.

Could your site have protected species?
Quick species check

Development near buildings, trees, hedgerows, ponds, or watercourses may affect bats, great crested newts, badgers, or nesting birds.
A European Protected Species (EPS) mitigation licence is required from Natural England before any activity that would disturb, capture, kill, or injure an EPS, or damage or destroy a breeding site or resting place. Development projects must obtain this licence before works can lawfully proceed.

Licensing authority (England)

Natural England

Legal basis

Conservation of Habitats and Species Regulations 2017, Regulation 55

Species covered

All bat species, great crested newts, dormice, otters, natterjack toads, sand lizards, smooth snakes, and other European protected species

Decision time

Natural England decides within 30 working days of receiving the application

Ecologist

Appointing one is not required by law, but you will need expert help with the application

The three legal tests

Natural England must be satisfied that all three tests are met before granting an EPS mitigation licence:

The activity is for a purpose set out in regulation 55(2), such as preserving public health or public safety, or other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment

There is no satisfactory alternative to the proposed activity

The action authorised will not be detrimental to the maintenance of the population of the species at a favourable conservation status in its natural range

Offence (without licence)

Deliberately capturing, injuring, killing or disturbing an EPS, or damaging or destroying its breeding site or resting place

Maximum penalty (summary conviction)

Up to 6 months imprisonment, a fine, or both
Take note

If you are demolishing, renovating, or felling trees, assume a bat survey is needed until proven otherwise.
Commission surveys and apply for licences
Get a wildlife licence for your development

Full licensing process: EPS mitigation licences, bat surveys, badger sett closures, and the new fee regime from April 2025.
Bat survey windows

Emergence surveys can only be done May to September. Plan early or risk delaying your project.
All 18 species of bat in the UK are European Protected Species. Bat surveys are required before development that could affect bats or their roosts. Survey results determine whether an EPS mitigation licence is needed from Natural England.

Number of UK bat species

18 (all protected)

Protection level

European Protected Species under the Conservation of Habitats and Species Regulations 2017

Survey standard

Bat Conservation Trust (BCT) Good Practice Guidelines (4th edition, 2023)

Competent surveyor

A suitably experienced ecologist. Some survey methods, such as using torches, lures or nets near a known roost, need a Natural England licence

Survey types

A preliminary roost assessment (PRA) is a daytime inspection of buildings or trees for signs of bats, such as droppings, urine staining and scratch marks. It can be done at any time of year.

Emergence and re-entry surveys watch potential roosts at dusk and dawn for bats leaving or returning. They run from May to September.

Activity surveys use walked transects or static detectors to show how bats use a site. They run from April to October.

Number of emergence surveys required

Low roost potential needs 1 emergence or re-entry survey.

Moderate potential needs 2 surveys, at least one at dusk and one at dawn.

High potential needs 3 surveys, with at least one a month between May and September.

Survey shelf life

Surveys typically valid for 12-18 months

Licence trigger

EPS mitigation licence required if bats confirmed using the site and works would disturb bats or damage/destroy a roost

Roost definition

Any structure or place used by bats for shelter or protection (protected year-round, even when bats are absent)
Check nesting bird restrictions
Nesting season: March to August

Clearing vegetation or demolishing during nesting season requires an ecologist check. No general licence exists for development.
Under Section 1 of the Wildlife and Countryside Act 1981, all wild birds, their nests (while being built or in use), and their eggs are protected.

It is a criminal offence to intentionally kill, injure, or take any wild bird, to intentionally take, damage, or destroy the nest of any wild bird while it is in use or being built, or to take or destroy its eggs.

Species protected

All wild birds

Main nesting season

March to August (varies by species)

Nesting outside the main season

Barn owls and crossbills from January; pigeons and doves all year; swallows and house martins into September or October

Schedule 1 species

Extra protection for birds such as barn owl, kingfisher, peregrine and red kite

Schedule 1 disturbance offence

Intentionally or recklessly disturbing a Schedule 1 bird at, on or near an active nest

Maximum penalty

Unlimited fine and up to 6 months in prison per offence

Practical implications for development

Vegetation clearance, demolition, and tree felling should be timed outside the main nesting season (March to August) wherever possible

If works must proceed during nesting season, a suitably qualified ecologist must check for active nests immediately before works begin

If an active nest is found, works must stop in that area until chicks have fledged and the nest is no longer in use

There is no general licence to disturb nesting birds for development purposes

Schedule 1 species require specialist assessment and may need specific mitigation measures

Protection applies regardless of whether a planning condition requires it
Confirm biodiversity net gain requirement

Comply with biodiversity net gain for development in England

Most planning applications in England must deliver at least a 10% gain in biodiversity, maintained for at least 30 years.

gov.uk
Natural England wildlife licensing service (opens in a new tab)

Apply for species licences, check application status, and find current fees

Official guidance

Natural England bat licensing guidance (opens in a new tab)

Natural England · England

Wildlife licence quick check for development and land projects

Does your project need a wildlife licence?

Could your site have protected species?

Commission surveys and apply for licences

Get a wildlife licence for your development

Check nesting bird restrictions

Confirm biodiversity net gain requirement

Comply with biodiversity net gain for development in England

Natural England wildlife licensing service (opens in a new tab)

Official guidance

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