New draft guidance on how to deal with nesting birds has been published. They are open for comments until 15th Jan. The new guidance information can be found here.
Consultation draft – comments invited until 15 January 2026
Balancing infrastructure development with the legal protection of breeding birds is one of the most common challenges faced by ecologists, developers and land managers. Because nesting birds are protected by law and present across almost all habitat types, works that modify vegetation or structures must be planned and executed with care. These draft guidelines set out a practical, proportionate and legally defensible approach for managing risks to nesting birds during construction and operational activities.
Why this guidance matters
Breeding birds are ubiquitous. Even highly modified sites, such as bridges, industrial land or roadside scrub, regularly support nesting attempts. Under UK legislation, it is an offence to intentionally damage or destroy an active nest, disturb birds at the nest (for some species), or destroy eggs or dependent young. These offences apply regardless of whether works are large-scale infrastructure projects or small-scale habitat management.
Although planning applications often require baseline bird surveys, this alone does not ensure compliance during construction. Birds nest at different times of year, in different parts of a site, and often exhibit cryptic behaviour. Accordingly, this guidance provides a practical framework for managing risks on the ground.
Importantly, nothing here replaces legal advice. The only authoritative interpreters of wildlife law are the courts, and practitioners must ensure they are working with the most up-to-date legislation and government guidance for their location.
Core principles for managing nesting birds
1. Follow statutory nature conservation body advice
The first step in avoiding unlawful activity is simply to follow current government and SNCB guidance. This includes avoiding clearance of vegetation and structures during the nesting season and avoiding deliberate or incidental activities that could displace breeding birds.
Netting and other deterrent measures require caution. While not automatically unlawful, they frequently result in bird entanglement and raise welfare concerns. Many SNCBs strongly discourage their use except in tightly controlled circumstances.
2. Assume breeding birds are present unless you can reasonably rule them out
Breeding birds occur in almost all habitats: hedgerows, dense scrub, urban structures, arable crops and even machinery stores. Practitioners must begin with the assumption that nesting is possible. Clearing habitat during breeding season should only proceed when a competent ecologist has determined that nesting is unlikely based on:
- species known or likely to be present,
- seasonal timing, and
- site-specific survey evidence or recent behavioural observations.
The aim is not to prove absolute absence but to show that risks have been reasonably assessed and managed.
3. Focus on the breeding site, not just the nest
In practice, nest-finding alone is unreliable. Many nests, especially those of small passerines or ground-nesting species, are extremely difficult to detect even by skilled observers. Instead, good practice emphasises identifying and protecting the breeding site the area required for courtship, nesting, feeding dependent young and maintaining territory.
This approach aligns with wider European interpretation of “breeding site” protection and reflects both ecological reality and legal risk.
4. When a nest is found, apply proportionate protection
If a nest is located, or strongly suspected, before works begin, a competent ecologist should:
- confirm whether it is active (including nest building, incubation, or use by dependent young),
- define and implement an exclusion zone that protects the nest and surrounding habitat essential for successful reproduction, and
- confirm when the nest is no longer active before works recommence.
Buffer sizes vary. Small passerines may require tens of metres, while raptors, waders or ground-nesting species may require hundreds. For species with special protection under Schedule 1, any disturbance near the nest is unlawful unless carried out under licence.
5. If a nest is discovered during works, stop and reassess
Unexpected discoveries are common. When encountered:
- pause operations where it is safe to do so,
- minimise disturbance immediately,
- determine nest status, and
- establish or adjust exclusion zones.
This stepwise approach ensures that lawful boundaries are maintained even under changing site conditions.
Survey effort, competence and realistic expectations
One of the most important messages of the guidance is that nest-finding is difficult and expectations must be realistic. Even intensive surveys cannot guarantee that every nest is discovered. For that reason, breeding bird management should rely on:
- behavioural observations over multiple visits,
- knowledge of species-specific territory sizes and nesting ecology, and
- professional judgement of a competent ecologist.
Competency matters. A structured standard—ranging from “foundation” to “capable” to “proficient”—helps ensure that surveys and decisions are made by those with appropriate experience in species identification, breeding behaviour, survey design and interpreting risk.
A proportionate risk-management approach
The likelihood of encountering active nests is shaped by four key variables:
- Time of year – Peak risk occurs from March to August, but some species nest earlier or year-round.
- Habitat complexity – Dense scrub, hedgerows, woodland and tall crops carry far higher risk than mown grass or bare ground.
- Search methodology – Behavioural surveys, vantage-point watching and fingertip searches each have strengths and limitations.
- Surveyor competence – Experience directly affects reliability.
By assessing these variables, practitioners can determine the level of avoidance, survey, supervision and precaution needed. For example, low-risk habitats in winter may need minimal precaution, whereas dense scrub in June requires robust survey and on-site ecological supervision.
Implementing protection on the ground
A structured workflow helps ensure consistency and compliance:
- Baseline survey – Identify likely species, key habitats and any Schedule 1 risks.
- Avoidance through timing – Wherever possible, schedule habitat clearance outside the breeding season.
- Design modifications – Alter access routes, retain key structures or adjust lighting to remove risks.
- Reasonable Avoidance and Minimisation Plan (RAMP) – Document survey findings, required buffers, supervision requirements and agreed working methods.
- Pre-works surveys – Conduct proportionate checks based on risk and habitat complexity.
- Ecological supervision – Maintain communication between ecologists and contractors, ensuring work rates, methods and buffers remain within agreed limits.
- Dynamic buffers – Modify no-works zones as nesting progresses or site conditions change.
- Record-keeping – Document observations, decisions and any deviations from planned methods.
Legal interpretation and professional judgement
Terms such as “intentional”, “reckless”, “reasonable” and “in use” have specific legal implications. The guidance emphasises that:
- Causing nest abandonment through avoidable disturbance may constitute an offence,
- A nest can remain “active” even when temporarily unoccupied,
- Multi-brooded species may reuse nests, requiring extended protection, and
- Some species’ nests are legally protected year-round due to traditional reuse.
Practitioners should ensure that decisions are evidence-based, clearly documented and grounded in recognised guidance.
Concluding remarks
Infrastructure development and bird conservation are not mutually exclusive, but navigating their intersection requires structured planning, competent survey work and careful implementation. These draft guidelines provide a framework for doing so in a manner that is defensible, proportionate and consistent across sectors.
If you need any assistance navigating nesting birds constraints on a site or information about the new guidance, call us on 029 2065 0331 or email enquiries@acerecology.co.uk
