In England it is an offence to intentionally take, damage or destroy a wild bird nest while it is in use or being built, to intentionally kill, injure or take wild birds, or to take or destroy eggs; GOV.UK says Natural England cannot issue a wild bird licence to allow development, so the practical answer for a conservatory project is to time clearance to avoid the breeding season.

What the law protects

GOV.UK guidance from Natural England and Defra, which applies to England, says all wild bird species, their eggs and nests are protected by law. It lists what is unlawful: intentionally killing, injuring or taking wild birds, intentionally taking, damaging or destroying a wild bird’s nest while it is being used or built, and intentionally taking or destroying a wild bird’s egg. Natural England’s planning guidance ties this to the Wildlife and Countryside Act 1981. A guilty person could get an unlimited fine and up to six months in prison for each offence, according to GOV.UK.

Schedule 1 birds and extra protection

Some birds are listed in schedule 1 of the 1981 Act, for example barn owls, and receive extra protection. For these species GOV.UK says it is also an offence to disturb them while they are nesting, building a nest, or in or near a nest that contains young, and to disturb their dependent young. Natural England’s standing advice describes the offence as intentionally or recklessly disturbing a schedule 1 bird on or near a nest containing eggs or young, when it is building a nest, or its dependent young. For a householder, the practical point is that a site with a known protected nest, such as a barn owl in an outbuilding or old tree, calls for specialist advice before work begins. Bats are covered separately in the guide to bats and conservatory building.

Activities on a conservatory project that can affect birds

GOV.UK lists activities that can affect wild birds, particularly during the breeding season: trimming or cutting trees, bushes, hedges and rough vegetation; renovating, converting or demolishing a building; creating disturbance such as noise, lighting and vibration; and actions to prevent problems, such as removing nests. On a conservatory project, that maps onto clearing shrubs and hedging to make room for the base, removing an old shed or lean-to, and altering a wall where a bird has nested. Trees near the footprint may also carry protection, as covered in the guide to tree preservation orders and conservatories, and that is a separate legal question from nesting birds.

Timing and methods that avoid harm

GOV.UK says that in most cases harm to wild birds can be avoided by timing work to avoid the breeding season and by using a range of methods that deter but do not harm them. The guidance does not fix the breeding season as a single date, so vegetation clearance is best programmed outside spring and summer, or, if it cannot be moved, preceded by a check for active nests by a competent person. Nests that are being used or built are the ones the offence describes.

No licence for development, and the planning angle

GOV.UK states that there are no licensing purposes to permit development or construction, but there are ways to continue when birds are present, relying on the legal exemptions, and that the person relying on an exemption must be sure they can comply fully with its terms. Natural England’s standing advice for planners says the developer must comply with the legal protection of all wild birds and that Natural England cannot issue a wild bird licence to allow development. The standing advice also says a survey may be requested where a proposal affects mature gardens, trees with holes, cracks and cavities, or buildings that could support nesting birds. Where no planning application is made, as with permitted development, that assessment does not take place, but the legal protection still applies to the homeowner and the builder. For the ecology rules that apply to a householder project, the guide to biodiversity net gain and your conservatory is a useful companion.

FAQs

Can I remove a nest to build my conservatory?

GOV.UK lists intentionally taking, damaging or destroying a wild bird’s nest while it is being used or built as unlawful, and says there are no licensing purposes to permit development.

When is the bird breeding season?

GOV.UK advises timing work to avoid the breeding season but the guidance does not fix a single date, so advice should be taken from a competent ecologist if clearance cannot avoid spring and summer.

What is the penalty?

GOV.UK says an unlimited fine and up to 6 months in prison for each offence.

The bottom line

In England every wild bird nest that is in use or being built is protected, schedule 1 birds have extra protection against disturbance, and Natural England cannot license development. For a conservatory project, clearing hedges, shrubs and old structures outside the breeding season, and checking for active nests before any clearance, is the practical way to stay within the law. This is general information, not legal or ecological advice.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• Natural England and Defra, “Wild birds: protection and licences” (GOV.UK)
• Natural England, “Wild birds: advice for making planning decisions” (GOV.UK, standing advice)

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.