Advice on protected nesting birds and tree work in the UK

In the UK, nesting birds and their nests are legally protected under the Wildlife & Countryside Act 1981). Any damage or disturbance to wild birds, their nests, or their eggs is strictly prohibited and carries significant penalties, including fines of up to £5,000 and potential prison sentences.

Understanding the bird nesting season

The most common nesting period for birds in the UK typically runs from March to August, though some species, such as collared doves, may nest year-round. Birds generally build nests and lay eggs during this period, with peak breeding occurring in May and June. However, outlier species, including barn owls, may nest for longer periods.

Undertaking tree work during nesting season

While tree work can be undertaken throughout the year, extra caution is necessary during the nesting season. Before any tree work or landscaping occurs, a pre-work nesting bird survey must be performed. This inspection helps identify active nests and potential breeding activity:

• If no nesting birds are found, tree work can proceed.
• If nesting birds are identified, work must be paused until all birds have fledged the nest, meaning the young birds have grown and left the nest. This timeframe varies depending on the species, typically ranging from 3 to 10 weeks.

Special considerations

In cases where it is difficult to conduct thorough pre-work inspections, such as where there are dense conifer trees or hedges, it is best to plan work outside of the nesting season (October to February) to minimise risks and delays.

If nesting birds are discovered during a project, all work must stop immediately to avoid disturbance. The only exception is situations where urgent work is required to make a tree safe, and even then, the tree must be left undisturbed until the birds have fledged.

All our tree surgeons are given a Toolbox Task on nesting birds that was written by a qualified ecologist. Our team retain access to this so that they can refer to it if needed.

Indicators of nesting sites and bird activity

Birds can nest in a variety of locations, including:

• Trees and hedgerows: Nests may be at the base, in stems, or hidden within dense foliage.
• Buildings and structures: Birds may choose ledges, cavities, or even construction machinery for nesting.

When conducting checks, look for:

• Signs of nesting activity: Droppings on walls, bird pellets, or visible nesting material.
• Sounds of bird activity: Alarm calls from adults or calls from chicks can indicate nearby nests.

Final thoughts

By respecting the legal protections for nesting birds and following the appropriate guidelines, we can safely carry out essential tree work while preserving the valuable wildlife around us.