Bats, Protected Species and Conservatory Building in England: What Counts as an Offence

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Bats, Protected Species and Conservatory Building in England: What Counts as an Offence

Bats and other protected species can be affected by ordinary building work on a house — here is what the government says is against the law in England, and what to do if you suspect a roost.

Published 20 September 2026By the compareconservatories.com editorial teamHow this site is funded

In this guide
  1. Why a conservatory can raise wildlife questions
  2. What the law protects
  3. Other protected species and areas
  4. What to do if you suspect bats
  5. Licences and planning the work
  6. FAQs
  7. Bottom line

All bat species and their breeding sites and resting places are fully protected by law in England, and building work that damages a roost or disturbs bats can be a criminal offence even when it is accidental.

Why a conservatory can raise wildlife questions

GOV.UK’s Natural England guidance, which covers England, lists activities that can harm bats. They include renovating, converting or demolishing a building; repairing or replacing a roof; repointing brickwork; insulating or converting a loft; installing lighting in a roost or outside where it lights up a roost entrance; cutting down or removing branches from a mature tree; removing hedgerows, watercourses or woodland that bats use for commuting; and changing or removing foraging areas. A conservatory build that involves connecting to a roof, altering brickwork, adding lighting or clearing trees or hedges could involve some of these activities, so it is worth checking before work begins.

What the law protects

The guidance says all bat species, their breeding sites and resting places are fully protected by law as European protected species. You are breaking the law if you deliberately capture, injure or kill bats; damage or destroy a breeding or resting place; obstruct access to their resting or sheltering places; possess, sell, control or transport live or dead bats; or intentionally or recklessly disturb a bat in a structure or place of shelter. GOV.UK’s wider guidance on construction and wildlife adds that this includes doing so by not taking enough care, and that damage to a breeding or resting place is an offence even if accidental. Offenders could be sent to prison for up to six months or receive an unlimited fine.

Other protected species and areas

GOV.UK lists European protected species that include all species of bat, beavers, great crested newts, dormice, otters, natterjack toads and some reptiles. Other protected species and groups include badgers, water voles, wild birds, ancient woodland and veteran trees. You must apply for a licence if your plans affect badgers or European protected species, and, following changes under the Environment Act 2021, a mitigation licence is also needed for animals and plants listed in schedules 5 and 8 of the Wildlife and Countryside Act 1981. You are responsible for finding out whether your development is likely to affect a protected area, such as a national park, area of outstanding natural beauty or site of special scientific interest, because a planning authority may refuse permission where a protected site would be damaged.

What to do if you suspect bats

If you think there is a bat roost in or near your house, GOV.UK says you can contact the National Bat Helpline, run by the Bat Conservation Trust on behalf of Natural England, for free advice on small-scale works, pest control or other concerns. The helpline cannot advise on building works that need planning permission and can arrange for a volunteer roost visitor if needed. In many cases harm can be avoided, and GOV.UK says you will need an expert bat survey, showing what type of bats, how many and how they use the building, so you can plan the work to avoid harming them. It points to the directories of the Chartered Institute of Ecology and Environment Management and Environmental Data Services for finding a surveyor.

Licences and planning the work

If harm cannot be avoided, you can apply to Natural England for a mitigation licence, but GOV.UK says applying for a licence should be a last resort and applies only in a minority of cases. Before that, it says you should try everything possible to avoid disturbing the species, for example by timing work to cause the least harm or using other mitigation methods that do not need a licence. An application must include survey findings, impact assessments and mitigation plans. Ecological consultants may be able to use a class licence for certain low-impact activities. If you have doubts, ask your local planning authority and an ecologist before signing a construction contract.

FAQs

Is it an offence to disturb bats accidentally?

GOV.UK says it is an offence to damage or destroy a breeding or resting place even accidentally, and to disturb or injure protected species by not taking enough care. Intentional or reckless disturbance of a bat in a shelter is also an offence.

Does this apply in Wales, Scotland and Northern Ireland?

The GOV.UK guidance refers to Natural England and applies in England. Other nations have their own agencies and licensing arrangements, so check locally.

Who can I call if I find bats?

The National Bat Helpline, run by the Bat Conservation Trust for Natural England, offers free advice on small-scale works and pest control, according to GOV.UK, but not on works that need planning permission.

Bottom line

Before building a conservatory in England, check whether the works will touch a roof, wall, tree or hedge where bats or other protected species could be present, and stop and take advice if you see signs of a roost. Damage to a roost is an offence even if unintended, so use an expert survey and, if necessary, a Natural England licence rather than risking prosecution. This is general information, not legal or ecological advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

  • GOV.UK, “Bats: protection and licences”
  • GOV.UK, “Construction near protected areas and wildlife”

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.