When Is the Nesting Bird Season?

Tree surgeons and gardeners must be aware of nesting birds, their nesting season, and the laws protecting them. Both professions must adhere to guidelines similar to those for construction sites to prevent the disturbance of nesting birds. Gardeners should also be mindful of the nesting season, especially when planning to cut hedges that may house nesting birds.

When is the nesting bird season, and why does it affect me?

Though no legally defined bird nesting season exists, most birds generally nest between March and August*. However, the timing can vary greatly depending on weather conditions and bird species. Therefore, nesting may occur outside this period, and it remains illegal to disturb nesting birds year-round.

The Arb Association advises undertaking all vegetation or tree clearance work outside the ‘Bird Nesting Season’. However, this can be difficult to navigate due to changing factors and the absence of specific months for bird nesting. Here’s what you need to know:

What is the law with nesting birds?

Tree surgeons must avoid impacting nesting birds to prevent violations of the Wildlife and Countryside Act 1981 and the European Habitats Directive 1992/Nesting Birds directive. Disturbing wild nesting birds is illegal, and penalties can include unlimited fines and up to six months in prison. All nesting birds, their eggs, and nests are protected by law.

Here’s a little breakdown…

The Wildlife and Countryside Act 1981 covers the protection of birds during the nesting season. The most relevant section for tree, hedge, or coarse vegetation work is available at http://www.legislation.gov.uk/ukpga/1981/69/section/1.

According to GOV.UK, you are breaking the law if you intentionally:

• Kill, injure, or take wild birds.
• Take, damage, or destroy a wild bird’s nest while it’s being used or built.
• Take or destroy a wild bird’s egg.
• Possess, control, or transport live or dead wild birds, parts of wild birds, or their eggs.
• Sell wild birds or put them on display for sale.
• Use prohibited methods to kill or take wild birds.

What should I do?

If tree surgeons visually inspect a tree for wildlife and consider it low risk but accidentally uncover or knock a bird’s nest out of a tree, a written wildlife assessment form can provide some protection against prosecution. It demonstrates diligence and acknowledges the incident as an unforeseen mistake, considered a wildlife disturbance. During the nesting season, it’s essential to assume that nesting birds are present. Tree surgeons and contractors must assess, record, and confirm whether their work has disturbed actively nesting birds.

Consider ground vegetation, as ground nesting sites can be easily overlooked. Extra care should be taken when accessing areas to avoid accidental disturbance or damage. You can still be held accountable for any consequences.

For further reading, visit the RSPB or GOV.UK websites.

Article contributed by David Mitchell from MB Trees

*Please note that this article is a guideline, and birds may nest outside the stated months.