What the 1981 Act says about a nest
Section 1(1) of the Wildlife and Countryside Act 1981 is aimed at anyone who acts intentionally against a nest, whether by taking, damaging or destroying it. The offence applies to an occupied nest or one under construction. The protection lasts as long as the nest is active, so a half-built nest counts as much as one with eggs in it.
The key word is "intentionally". A nest you have been told about, or one plain to see in an eaves gap or behind a bargeboard, has to be treated as known by everyone on the job, so nobody should carry on as if it were not there.
The offence covers more than pulling a nest out. Damaging a nest falls within it, so a heavy boot on a gutter run or a sheet of underlay pinned across the entrance can land on the wrong side of the line.
That is why the first walk round the roof, before any tile is lifted, takes in the ridge ends, the verge, the soffit joints and any gap where a bird could get in.
Why a licence will not solve it
It is natural to ask whether the nest could be moved under a licence. GOV.UK's guidance on wild birds lists no licence purpose that covers development or construction. Re-roofing, repairing a verge and replacing fascias are building work, so there is nothing a roofer or homeowner can apply for to clear an active nest out of the way.
The same guidance gives no calendar, and birds keep to none. What counts is whether one particular nest is occupied or under construction on the day you want the work done, and that is settled by looking, not by reading the month off a chart.
Two points are worth keeping apart:
- An old nest no longer in use is not protected in the same way, but it is only safe to call a nest finished once someone has checked.
- Bats are a separate case. A bat roost has its own protection, and harm to the roost itself can break the law with no intent behind it. Bats in the roof covers that.
Do not remove a nest yourself to clear the way for the roofer. That is exactly the act the law prohibits.
How the job is planned around an active nest
When a nest turns up, the answer is a change of plan, not a removal. A roof has several slopes, a ridge, verges and eaves, and a job can often begin on a part that is well away from the nest. Where the nest sits in one corner, the remaining slopes can be stripped, battened and re-covered, with the area round the nest left for last.
- The nest is located and photographed before any scaffold goes up.
- The roofer and the scaffolder are told exactly where it is, so nobody works within reach of it.
- The part of the roof around it stays undisturbed while the rest of the job runs.
- Once the birds have left and the nest stands empty, that last section is finished.
This can add a visit and stretch the programme, so settle the effect on the start date and the finish date in the written quote. If a fixed start has been promised, ask what happens to it if a nest is found.
On a thatched home, ask a specialist thatcher about birds in the thatch. For tiled, slated and flat roofs, the plan above is how an active nest is handled.
If you spot a nest before the work starts
Tell the roofer straight away, even if the survey is done and the price agreed. A nest changes the order of work, and the order is something to settle before anyone climbs the ladder. The roofer can then adjust the plan, tell the scaffolder and keep the rest of the programme moving.
Keep these points in mind:
- Do not block holes in the eaves, soffit or ridge to stop birds nesting. Blocking a hole while a nest is in use can damage the nest.
- Send the roofer a photo that shows where the nest sits, and note the date.
- Ask for any change in the programme in writing, and keep the message.
If the scaffold is already up, a nest beside it is still a nest to be left alone, so the roofer may pause one section while others carry on.
For the rest of the getting-ready list, see preparing your home for roof work. If the roof is leaking while a nest is in place, temporary roof repair explains the make-safe options, and a quote for the permanent work starts at Castle Roofing Margate.
