What the Wildlife and Countryside Act says
Section 1(1) of the Wildlife and Countryside Act 1981 turns on intention: it catches a person who intentionally removes or wrecks a wild bird's nest during the period when birds are using it or still constructing it. The wording cuts both ways. Not every disturbance near a nest is an offence, because the offence is framed around intention. Equally, a nest is not protected for ever once a bird has used it.
The practical meaning is that a nest holding eggs or young, or one a pair is still putting together, is something to plan around. A roofer who has spotted such a nest and then clears it cannot say it was an accident.
The government's wild bird guidance on GOV.UK makes a further point: construction and development are not among the purposes for which a licence can be granted. There is no form to fill in so that roof work can go ahead over an occupied nest. The answer is to programme the work around the birds.
It is also why a survey of the roof, before any bird-proofing quote, should include a walk round looking for nests as well as droppings. See the commercial roofing hub for the surveys we carry out.
Working around an active nest
When a survey finds an occupied nest, work in that part of the roof waits. Other areas can often go ahead if they are far enough away that the birds are not driven off the nest, and a good programme splits a large roof into zones for that reason.
The legislation fixes no calendar, so there are no nesting-season dates to rely on. A nest in a gutter in February can be as live as one on a parapet in June. What counts is what is happening at the nest on the day, and that has to be checked on site before netting or sheet fixing begins.
Once the birds have finished with it, the area can be cleared and proofed. Removing droppings and old nest material is part of that, because both block outlets and gutters if they are left in place.
On a roof with several nests, tell the surveyor early. It can change the order of work and which areas are done first. Our page on roof work while the business stays open covers phasing in general, which suits a job that has to be sequenced around wildlife as well as staff.
Netting, gaps and what each one does
Bird-proofing is mostly about denying access and landing places. The methods below are described in general terms; the right mix depends on the roof and on which species is causing the trouble.
- Netting stretched over an open area, such as a plant deck or a recessed bay, stops birds entering. It must be fixed taut with no gaps at the edges, because a loose edge becomes a trap for the birds it was meant to keep out.
- Closing the gaps where profiled sheets meet the eaves or the ridge removes the cavities birds nest in. Foam or metal closers shaped to the sheet profile do this.
- Mesh guards over outlets and the tops of downpipes keep nest material out while letting water through.
- Wires or spikes on parapets and ledges take away the flat landing area.
Netting and fixings need checking after storms and at routine visits, a point picked up on our page about how often to inspect a commercial roof. A net that has sagged or torn is worse than no net.
What to settle before the work starts
Bird-proofing is best done alongside a repair, since the access is already in place. Raising a scaffold or a platform only to fit mesh to a few outlets is an expense that a combined job avoids. A commercial roof survey is the natural moment to agree it.
Before the quote, make sure these points are agreed in writing:
- Which areas are being proofed, and by which method.
- What happens if an occupied nest is found, including who is told and which work waits.
- How droppings and old nest material are cleared and disposed of.
- How the netting and closers will be inspected afterwards, and by whom.
Our routine is to see the roof first and send a single written figure for the agreed scope, with the netting, closers and any clearing named in the description of work. If an occupied nest means part of the job has to wait, you hear about it before anything is touched, not after. If the proofing has to be finished before a particular date, say so at the outset.
