Are birds protected by law while winter roosting in nesting boxes?

Are birds protected by law while winter roosting in nesting boxes? We have a blue tit under camera surveillance, but his home is under threat. The wall on which the box is mounted is part of a garage due for demolition. Can we get the demolition halted or postponed?

  • There is some information here www.rspb.org.uk/.../
    however, I’m not sure it mentions roosting birds. Worth a try raising with local authority saying you have a proof of a bird roosting there. As soon as there is evidence of a bird building a nest, even if it’s a one twig, they are then protected under the Countryside Act.
  • Hi John, as far as I understand it only boxes where actual nesting material has been laid (even as little as a single piece of moss or one feather) is protected by law and although birds like robins nest early I think it is still too early for any garden bird to be preparing a nest in the middle of January. I don't think a box used for roosting is under the same protection and as long as the garage is demolished shortly it should be ok but I would make sure it is done before the end February at the latest. We have experts on here that can better advise so would wait for more opinions.

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    Regards, Hazel 

    "Each kindness shown to birds or men is sure to flutter back again" 

  • This may interest anyone. Also basically it is only schedule 1 of the wildlife and countryside that get full protection including disturbance or destruction of nests. Plus there are variation in all 4 all of the four parts of the UK with there own regional Governments.

    Regards,

    Ian.

  • www.legislation.gov.uk/.../69
    The 1981 Wildlife and Countryside Act in full and if you wish you can read it all. But there have been amendments made to this act a number of times particularly with regional Governments in the UK. You can if you wish do a search to find the various amendments. One thing is, most nests are protected in law. But not all. Most wild birds and wildlife including wild flowers are fully protected in law if they are on Schedule 1 of the 1981 Wildlife and Countryside Act. Whether that’s right or wrong, I won’t say.. But that’s the law at present. About Winter roosting, that doesn't appear very clear in what I see and read! Also there are exceptional circumstances which can circonvene parts of laws involving wild birds and there nests if trees are a danger to life such as the possibility of falling trees falling onto someone’s p place of residence such as where anyone lives, such as there home.. The 1981 Wildlife and Countryside Act is quite a complex act. For example the young of raptors can be taken for falconry. But very rarely is that allowed by those in authority. But has allowed before. and is legally allowed and has and does happen occasionally.. Again I’m not saying whether that is right or wrong. But that again that is the law at present. It needs to read by anyone who is not clear of wildlife law in the UK. And I’m not clear of the whole of the 1981 Wildlife and Countryside Act with all of the recent amendment's. Also Farmers can protect livestock if in danger of attack including attacks by wildlife, including foxes. Not Foxhunting by hounds, but culled humanely if any farm animal is attacked!

    Regards,

    Ian.