Discovering protected wildlife during a live development is a genuine stop-work scenario. If you find yourself discovering wildlife during construction work in Scotland, you must act immediately.
Under Scottish law, many wildlife species are strictly protected. Failing to respond correctly can lead to prosecution, unlimited project delays and fines of up to £5,000 per offence.
This guide explains exactly what to do, step by step, if protected species are discovered mid-project. It is written for developers, contractors, architects, and site managers working across Scotland.
You will learn:
- Immediate legal obligations
- Who to contact
- Licensing requirements
- How to avoid further disruption
- How to protect your planning consent
If you are unsure, pause work and seek expert advice from a licensed ecologist immediately.
What Should You Do Immediately If Protected Wildlife Is Found On Site?
Whether it is bats found during construction, a suspected badger sett, or active bird nests, the first response is always the same.
1. Stop Work Immediately
Cease all works in the immediate area. This includes:
- Demolition
- Roof removal
- Tree felling
- Groundworks
- Vegetation clearance
Do not wait for confirmation. The law operates under strict liability. Even an accidental disturbance can result in prosecution.
2. Secure the Area
Keep staff and machinery away from the location. Mark the zone clearly to prevent accidental access.
3. Do Not Handle the Animal
Never attempt to move bats, block sett entrances, or remove nests. Handling protected species without a licence is a criminal offence.
4. Contact a Qualified Ecologist
In Scotland, contact a licensed ecological consultant immediately. If bats are present, you can also contact the National Bat Helpline on 0345 1300 228 for guidance. NatureScot is the Statutory Nature Conservation Organisation responsible for licensing.
What Happens If You Have Bats Found During Construction?
Finding bats during construction is one of the most serious wildlife scenarios on a development site.
Why Are Bats So Strictly Protected?
Bat populations have historically declined across the UK as a result of changes to landscape including the loss of woodlands and mature trees as well as changes in the way buildings are built and maintained.
As a result, bats and their roosts are protected under the Conservation (Natural Habitats, &c.) Regulations 1994. This protection applies:
- Even if the roost is temporary
- Even if bats are not present at the time
- Even if you did not know they were there
Destroying or blocking access to a roost is illegal.
What Should You Do If You Find a Bat Roost?
- Stop work on the building entirely if unsure
- Prevent further disturbance
- Contact a licensed bat ecologist such as EP Ecology
- Inform the planning authority if required
Temporary measures such as making the building watertight using tarpaulin may be possible. However, never seal entry points.
Will You Need a Licence?
In virtually all cases, yes. A European Protected Species licence from NatureScot may be required before works can resume.
Our ecologist will:
- Conduct a formal bat survey
- Assess roost type
- Develop a mitigation strategy
- Submit a licence application
What If You Discover Badger Setts On Site in Scotland?
Finding badger setts on site in Scotland during excavation or clearance is also legally sensitive.
How Are Badgers Protected?
Badgers and their setts are protected under the Protection of Badgers Act 1992.
It is illegal to:
- Damage or destroy a sett
- Block access
- Disturb badgers within a sett
How Can You Identify a Badger Sett?
Look for:
- D-shaped entrance holes
- Large spoil heaps
- Well-worn paths
- Bedding material
- Latrines nearby
If heavy machinery is operating within 20 to 30 metres, stop immediately.
Will You Need a Licence to Continue?
If the sett is at risk, a licence is required to interfere with it.
Important timing note:
Licences to close setts are typically issued between July and November to avoid the breeding season.
Our ecologist will:
- Confirm sett type
- Monitor activity
- Design mitigation
- Apply for NatureScot licence
What If You Discover Nesting Birds During Works?
All wild birds, nests and eggs are protected while in use under the Wildlife and Countryside Act 1981.
What Is Considered Active Nesting?
If birds are:
- Building a nest
- Incubating eggs
- Feeding chicks
The nest is legally protected.
What Must You Do?
- Stop work immediately in that area
- Create a buffer zone
- Wait until chicks have fledged naturally
You cannot remove or destroy an active nest.
Most nesting occurs between March and August, but some species nest outside this period.
What Are The Legal Risks If You Ignore Protected Species?
The penalties are severe.
- Up to £5,000 fine per offence
- Up to six months imprisonment
- Criminal record
- Project shutdown
- Reputational damage
Because wildlife law is strict liability, claiming ignorance is not a defence.
This is why crisis management must be immediate and documented.
How Can You Minimise Delays After Discovery?
Conduct Rapid Ecological Assessment
A licensed ecologist can often assess the situation within a short time frame.
Develop a Mitigation Strategy
This may include:
- Timing works outside breeding season
- Creating alternative habitats
- Installing bat boxes
- Artificial sett construction
Apply for Licensing Promptly
Licence processing times vary. Early submission reduces delay risk.
Communicate With Planning Authority
Transparent communication builds trust and prevents enforcement action.
How Can You Prevent This Situation In The First Place?
Prevention is always cheaper than crisis management. We always recommend conducting due diligence prior to starting works – ask your client or project manager “Have protected species been considered during the planning stages?”
Assume Presence
If working on:
- Old buildings
- Stone structures
- Mature trees
- Rural sites
Assume protected species may be present.
Schedule Pre-Construction Surveys
Common surveys include:
- Preliminary Ecological Appraisal
- Bat surveys
- Badger surveys
- Breeding bird surveys
Deliver Toolbox Talks
Brief your team on:
- Signs of bats
- Signs of badger activity
- Nest identification
- Stop-work protocol
Plan Around Ecological Windows
For example:
- Bat activity surveys, May to August
- Badger sett closure licences, July to November
- Bird nesting season, typically March to August
Who Should You Contact For Ecological Surveys In Scotland?
If you are working in Scotland and discover protected wildlife:
- Contact a licensed ecological consultant such as EP Ecology Ltd.
- Inform your client or planning consultant
- Contact NatureScot if licensing advice is required
- Contact Police Scotland for serious breaches.
At EP Ecology, we can provide:
- Emergency site visits
- Rapid survey deployment
- Mitigation design
- NatureScot licence applications
- Ongoing ecological clerk of works support
Need Immediate Advice After Discovering Protected Wildlife?
If you have found bats during construction or identified badger setts on site in Scotland, do not wait.
Pause works and seek professional advice immediately.
Call EP Ecology on 01355 457577
Email info@epecology.co.uk