A conservatory base means excavation, plant and sometimes lighting close to the garden boundary, and a sett in a hedge bank or under a shed can be affected. This guide sets out the Protection of Badgers Act 1992, which extends to England, Wales and Scotland, and two Natural England pages that apply to England only. Scotland and Wales have their own licensing bodies and guidance, which are not covered here. It is general information, not ecological or legal advice.

What the Act protects

Section 3 of the Protection of Badgers Act 1992 makes it an offence to interfere with a badger sett by damaging it or any part of it, destroying it, obstructing access to or any entrance of it, causing a dog to enter it, or disturbing a badger when it is occupying it. The offence requires an intention to do one of those things, or recklessness about whether the actions would have those consequences. A person who knowingly causes or permits such an act is also guilty of an offence.

Natural England’s guidance for England describes badgers and their setts, the tunnels and chambers where they live, as protected by law. It says a person found guilty of intentionally capturing, killing or injuring a badger, damaging, destroying or blocking access to a sett, or disturbing badgers in a sett could be sent to prison for up to 6 months and receive an unlimited fine.

Groundwork that can affect a sett

The same guidance lists activities that can harm badgers, and several are ordinary parts of a building project: noise, additional lighting or vibration, pile driving, lighting fires, using chemicals, excavation and tree felling. A conservatory plot next to a wooded boundary or an embankment is therefore a place where these checks are worth making before the digger arrives.

Natural England’s standing advice for planning decisions adds that badgers could be affected by damage to setts, loss or isolation of setts, loss of foraging areas and disturbance while they are occupying setts from noise, lights, vibration, fires or chemical use. That advice is aimed at local planning authorities, but it shows what an authority may look for in an application where badgers are known to be present. It also says the absence of a record does not mean there are no badgers, because it may only mean no survey data exists for that location.

When a licence may be needed

The England guidance says that in most cases badgers and setts should be avoidable, and that a person who cannot avoid disturbing badgers in a sett, or damaging or blocking a sett, can apply to Natural England for a licence. Applicants must show they have tried everything else possible, and expert help is needed for a licence application connected to a development project. The standing advice says a developer may need a licence before starting work if they exclude a badger from a sett, disturb a badger, or damage or remove a sett.

The guidance also says a licence is usually not needed for work with hand tools or machinery above or below ground near a sett, or for clearing vegetation near setts, provided it is unlikely to disturb a badger in its sett or damage the sett and small trees or shrubs are not uprooted or used to block access. Natural England will consider the existing level of disturbance around a sett when deciding if a licence is needed. Whether a proposed job falls within these limits is a judgement for a qualified ecologist, not the homeowner.

Avoidance measures the advice lists

For larger projects the standing advice lists measures a proposal could include: keeping heavy machinery and excavation work away from setts, avoiding artificial lighting around setts, retaining vegetation around setts to provide cover, avoiding noise and vibration near active setts, and avoiding activity between dusk and dawn when badgers are most active. It also says mitigation should not include moving badgers off a site (translocation), because that could risk the spread of bovine tuberculosis or affect the badger’s welfare.

Where surveys are asked for, the standing advice says they should identify whether badgers use the site and the surrounding area, and where setts are and of what type, and that they should be kept confidential to avoid ill-treatment of badgers. It also advises checking that the ecologist is qualified and experienced in badger surveys.

What to ask before groundwork

A homeowner who suspects a sett can ask the installer to pause and can seek a qualified ecologist’s view. The installer’s survey and contract steps are covered in the guide to choosing a conservatory installer, and the guide to bats and other protected species covers a separate species and licensing regime.

FAQs

Can I fill in a hole I think is a badger sett?

Blocking access to a sett is an offence under section 3 of the 1992 Act if done intentionally or recklessly, so an ecologist should confirm what a hole is before anything is done to it.

Does the Natural England advice apply in Scotland or Wales?

The two Natural England pages apply to England. The 1992 Act itself extends to England, Wales and Scotland.

Do I need a licence to dig a shallow trench near a sett?

The England guidance says a licence is usually not needed for hand tools or machinery near a sett if disturbance or damage is unlikely, but that is a judgement for a qualified ecologist.

The bottom line

Badgers and their setts are protected by the Protection of Badgers Act 1992, and building groundwork such as excavation, noise, light and vibration can disturb them. In England, Natural England can licence unavoidable interference, and its guidance points to expert surveys and avoidance measures. A homeowner who suspects a sett near a conservatory site should raise it before work starts.

Sources

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

• legislation.gov.uk, “Protection of Badgers Act 1992, section 3: Interfering with badger setts”
• Natural England and Defra, “Badgers: protection and licences” (GOV.UK, last updated 29 March 2015)
• Natural England, “Badgers: advice for making planning decisions” (GOV.UK, last updated 7 April 2025)

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.