Bats: a roof can be a protected resting place
All bat species and their breeding and resting places are legally protected. Work such as loft conversion, re-roofing, repointing, demolition, tree removal and new lighting can affect them. A roost may remain protected when bats are temporarily absent, so finding no bat during a single visit does not establish that the work is safe to proceed. [1] [4]
Where the site or building has relevant potential, an ecologist assesses the evidence and appropriate surveys. Natural England's planning advice identifies features and situations that can trigger investigation, including buildings and trees suitable for roosting and nearby habitat. A lack of existing records is not sufficient evidence that bats are absent. [4]
Ask about survey timing while the design is still flexible. Some investigations depend on suitable seasonal and weather conditions; a preliminary inspection may identify a need for further work rather than produce immediate clearance. The planning assessment needs adequate ecological evidence where a proposal could affect bats. [4]
Nesting birds: check the actual nest
Wild-bird law generally prohibits intentionally damaging or destroying a nest while it is in use or being built, as well as protecting birds and eggs. The legal question is not answered simply by checking a calendar. An active nest cannot be removed merely because work was booked outside a commonly quoted nesting season. [2]
Natural England's planning guidance favours avoiding damage through the timing and design of works. Plan vegetation clearance and relevant building work accordingly, and arrange appropriate checks close to the work where nesting is possible. A bat assessment is not automatically a nesting-bird assessment, or vice versa. [5]
Other species and habitats
Ponds, surrounding land and connected habitat can raise great crested newt issues; their use of a site is not confined to the water itself. Badger setts can also be affected by excavation, machinery or changes to access. The appropriate survey and any licensing route depend on the species and the actual effect of the project. [6] [7]
Do not clear habitat first to simplify the later planning application. Establish what is present, consider avoidance and redesign, and agree necessary mitigation before committing the construction sequence. [4] [6] [7]
Permission and wildlife licences are different
Where harmful impacts cannot be avoided, a Natural England licence may be necessary and its legal tests must be met. A planning approval does not stand in for that licence. The ecologist should identify the applicable route, mitigation, timing and supervision requirements rather than assuming that a generic construction note resolves them. [1] [4] [6]
Make sure the contractor has the agreed ecological instructions before starting the affected operation. Where unexpected evidence of a protected species appears, pause the work that could harm it and obtain competent ecological advice instead of removing the animal, nest or roost to keep the programme moving. [1] [2]
The August 2026 BNG changes do not remove these checks
From 6 August 2026, development on sites of 0.2 hectares or less can qualify for the small-site BNG exemption, measured by the planning application's red-line area. That exemption does not apply where the development impacts priority habitat. The separate self-build and custom-build exemption was removed for new applications from that date, subject to the published transitional arrangements for earlier applications. [3]
These are changes to mandatory Biodiversity Net Gain, not a general wildlife exemption. An exempt extension or small site can still require protected-species assessment and, where relevant, a licence. Keep the habitat-gain question and the species-protection question separate in the project checklist. [3] [1] [2]