Environmental · Mandatory · Pre-Construction

Protected Species Survey and Licence

A survey identifying protected species and the licence required from Natural England to proceed.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Wildlife and Countryside Act 1981 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	Wildlife & Countryside Act 1981 + Conservation of Habitats and Species Regulations 2017
Status	Mandatory where protected species present
Prepared by	Ecologist / Natural England
Criminal offence	Up to 6 months imprisonment and/or unlimited fine
Common species	Bats, great crested newts, badgers, nesting birds

1. Protected Species — Non-Negotiable Legal Obligations Before Any Disturbance

Protected species legislation is criminal law, not planning discretion. The Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations) make it a criminal offence to deliberately or recklessly kill, injure, or disturb certain species, or to damage or destroy their breeding sites and resting places. These offences apply regardless of whether planning permission has been granted. A developer who destroys a bat roost or kills great crested newts during construction commits a criminal offence even if the local planning authority approved the development.

Where European Protected Species (EPS) such as bats or great crested newts are present and will be affected by development, an EPS mitigation licence must be obtained from Natural England before any works that could affect the species or their habitats can commence. The licence application requires detailed survey data, a mitigation strategy demonstrating that the favourable conservation status of the species will be maintained, and evidence that there is no satisfactory alternative to the proposed works. The licensing process takes a minimum of 30 working days and cannot be rushed.

Penalties for protected species offences are severe. Individuals can face up to six months imprisonment and an unlimited fine per offence. Directors and managers of companies can be held personally liable. The reputational damage and project delays caused by a protected species prosecution far exceed the cost of commissioning proper ecological surveys and obtaining the necessary licences before work begins.

Nesting bird season

Never clear vegetation or demolish structures during the bird nesting season without an ecologist checking for active nests first.

2. Key Sections of the Report

A compliant protected species survey report must address each of the following areas. The scope of surveys required depends on the habitats present and the species likely to be affected by the development.

Section	What it covers
Preliminary ecological appraisal	An initial assessment of the site to identify the habitats present and evaluate the potential for protected species to occur. The PEA is typically carried out by a suitably qualified ecologist walking the site and recording habitat types, features with potential to support protected species (trees with bat roost potential, ponds for great crested newts, badger setts, suitable reptile habitat), and any evidence of protected species. The PEA determines which targeted species surveys are required.
Targeted surveys	Species-specific surveys carried out at the appropriate time of year using recognised methodologies. Bat surveys include preliminary roost assessments of buildings and trees followed by emergence/re-entry surveys during the active season (May to September). Great crested newt surveys use eDNA sampling (mid-April to end of June) or traditional survey methods (March to June). Badger surveys can be carried out year-round. Reptile surveys require multiple visits with artificial refugia during the active season (April to September). Each survey type has strict seasonal and methodological requirements that must be followed.
Survey results	A detailed presentation of the survey findings, including species recorded, population estimates where applicable, locations of roosts, setts, breeding sites and resting places, and an assessment of the conservation significance of the populations found. The results must be presented with sufficient detail to support the mitigation strategy and any licence application.
Mitigation strategy	A detailed strategy setting out how impacts on protected species will be avoided, mitigated, or compensated. The mitigation hierarchy must be followed: avoid impacts first, then mitigate unavoidable impacts, then compensate for residual impacts. The strategy must demonstrate that the favourable conservation status of the species will be maintained. For EPS, the mitigation strategy forms a key part of the licence application and must satisfy the three licensing tests.
EPS licence application	Where European Protected Species will be affected, a mitigation licence application must be submitted to Natural England. The application requires completion of the relevant method statement form, supported by the survey data, mitigation strategy, and evidence that the three licensing tests are met: the activity is for an imperative reason of overriding public interest, there is no satisfactory alternative, and the action will not be detrimental to the maintenance of the species at favourable conservation status.
Method statements	Detailed method statements setting out the step-by-step procedures to be followed during construction to protect species and implement the mitigation strategy. Method statements cover habitat manipulation, exclusion techniques, translocation procedures, timing constraints, and the role of the ecological clerk of works. They are working documents used on site by contractors and must be clear, practical, and specific to the site and the species concerned.
ECoW duties	The ecological clerk of works (ECoW) is a suitably qualified ecologist appointed to oversee the implementation of the mitigation strategy during construction. The ECoW carries out pre-commencement checks, supervises habitat clearance and species exclusion, monitors compliance with the licence conditions and method statements, and provides ecological advice to the construction team. The ECoW role may be required as a condition of the EPS licence or as a planning condition.

3. Common Mistakes

Commissioning bat surveys out of season

Bat activity surveys can only be carried out during the bat active season, which runs from May to September inclusive (with the optimum survey period being May to August). Bat surveys commissioned outside this window cannot produce valid results and will not be accepted by the local planning authority or Natural England. Developers who do not commission bat surveys until the autumn or winter face a delay of up to six months before valid survey data can be obtained. This delay is entirely avoidable if ecological surveys are programmed into the project timeline at the earliest stage.

Not assessing all buildings for bat roost potential

Every building on or adjacent to a development site that could be affected by the works must be assessed for bat roost potential by a suitably qualified ecologist, regardless of the building's age, condition, or apparent suitability. Bats use a wide variety of roosting features including gaps under roof tiles, behind fascia boards, in cavity walls, and in gaps around window frames. Modern buildings, industrial units, and apparently well-sealed structures have all been found to support bat roosts. Assuming that a building does not contain bats without an ecological assessment is a common and potentially criminal mistake.

Clearing vegetation without nesting bird checks

All wild birds, their nests, and their eggs are protected under the Wildlife and Countryside Act 1981. It is an offence to intentionally or recklessly destroy or damage the nest of any wild bird while it is in use or being built. The bird nesting season is generally considered to run from March to August inclusive, but some species nest outside this period. Vegetation clearance, tree felling, hedgerow removal, and building demolition during the nesting season must be preceded by a nesting bird check carried out by a suitably qualified ecologist within 48 hours of the works commencing. If active nests are found, the works must stop and a buffer zone must be maintained around the nest until the young have fledged.

4. Frequently Asked Questions

What are the BCT Good Practice Guidelines and why do they matter?▾

The Bat Conservation Trust (BCT) Good Practice Guidelines (formally titled "Bat Surveys for Professional Ecologists: Good Practice Guidelines", currently in its 4th edition, 2023) are the recognised standard for bat survey methodology in England, Wales, and Northern Ireland. The guidelines set out the survey effort required for buildings and trees with different levels of bat roost potential, including the number, timing, and type of survey visits. Local planning authorities and Natural England expect bat surveys to comply with the BCT guidelines. Surveys that do not meet the minimum survey effort specified in the guidelines will not be accepted as valid, and the local planning authority will require additional surveys before determining the planning application. The guidelines also set out requirements for surveyor competence, equipment, and reporting standards. Following the BCT guidelines is not optional — it is the recognised industry standard and departure from the guidelines must be justified on ecological grounds.

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