Last updated: July 2026
At J&D Forestry Ltd we do things the right way. Protecting wildlife is just as important to us as carrying out the work safely and professionally. This page sets out how we approach bird nesting checks, the legal framework we work under, and the practical steps we take before every job to make sure tree work is both lawful and responsible.
All wild birds, their nests while in use or being built, and their eggs are protected by law in the United Kingdom. Many customers are not aware that it is a criminal offence to intentionally disturb, damage, or destroy an active nest, even if the tree is in your own garden or the work feels urgent. That protection applies to common garden birds just as much as it does to rare or endangered species. Because of this, we treat every tree, hedge, and shrub as a potential nesting site until we have proved otherwise.
Nesting is not limited to the obvious cavity in an oak or the fork of a sycamore. Birds will nest in hedges, climbers, dense ivy, shrubs, conifers, and even in the lower branches of apparently open trees. Some species nest several times in a season, others nest early or late, and many re-use or repair existing nests. A quick glance at a tree is not enough to rule out nesting activity, which is why we carry out a proper survey before any work begins.
The primary legislation is the Wildlife and Countryside Act 1981, as amended by later Acts including the Countryside and Rights of Way Act 2000 and the Natural Environment and Rural Communities Act 2006. The Act makes it an offence to:
The offences apply to the person carrying out the work and can also apply to anyone who instructs, permits, or causes the damage. Penalties can include an unlimited fine and, in some cases, imprisonment. For certain species listed on Schedule 1 of the Act, such as barn owls, kingfishers, peregrines, and many other birds of prey, the offences are even more severe and the period of protection is effectively year-round.
We also work within the Conservation of Habitats and Species Regulations 2017, the Hedgerow Regulations 1997, and the rules that apply to Tree Preservation Orders and Conservation Areas. Where a tree is protected by a TPO or sits in a Conservation Area, lawful work requires either an exemption or written consent from the local planning authority, and that authority will expect the wildlife implications to have been considered.
The traditional bird nesting season runs from March to August inclusive, but this is only a rule of thumb. Robins, blackbirds, and wood pigeons may start nesting as early as February. Some species have second or even third broods that extend into late summer, and others, such as woodpeckers and tawny owls, can be active in late winter or early autumn. Weather conditions, location, and food availability can all shift the timing.
For that reason we do not assume a tree is safe to work on simply because the calendar says September or February. We carry out the same nesting survey process regardless of the month, and if there is any evidence of nesting activity, we postpone the work until it is lawful and safe to proceed.
Before any tree, hedge, or vegetation work is carried out, we complete a full bird nesting survey. This is not limited to the tree we have been asked to work on. We also inspect the surrounding trees, hedges, shrubs, and vegetation that could be affected by the work, by the movement of branches, or by the disturbance created by our machinery and crew.
Our pre-work survey includes the following steps:
If the survey finds no evidence of nesting, we record the date, the person who carried out the survey, and the findings. If there is any doubt, we treat the result as positive and delay the work.
If there is any evidence of active nesting, the work is postponed until the nest is no longer in use and the young have fledged. We do not cut corners, use timing to argue around the law, or rely on a customer’s urgency to override wildlife protection. This is a non-negotiable part of how we operate.
Once the birds have finished nesting and left the site, we re-survey the tree before the work goes ahead. We also let the customer know why there is a delay, give a realistic estimate of when the work can be rescheduled, and make sure the booking is updated without any additional administration charge for the delay caused by the nesting check.
There are limited circumstances where work can be carried out during the nesting season under a licence from Natural England or the relevant statutory authority, such as work needed for public health and safety, the prevention of serious damage to property, or conservation purposes. Licences are not granted automatically and they require a strong, evidence-based justification.
If a tree presents an immediate and genuine danger to life or property, for example after storm damage, we still carry out a nesting survey first where it is safe to do so. If the work cannot be delayed without unacceptable risk, we apply for an appropriate licence or consult the relevant authority before proceeding. We do not use the word “emergency” to bypass wildlife law; we assess the real risk and follow the correct legal route.
Hedgerows are particularly important nesting habitat. The Wildlife and Countryside Act protects active nests in hedges just as it protects nests in trees. The Hedgerow Regulations 1997 also restrict the removal of certain hedgerows in the countryside. Where hedge cutting or removal is requested, we check the hedge for nesting activity and consider the legal restrictions before any cutting takes place.
Best practice for hedge cutting is outside the nesting season, generally between September and February, but this still depends on the specific hedge and the species present. If there is any uncertainty, we delay the work.
Where a tree is protected by a Tree Preservation Order or stands within a Conservation Area, the local planning authority must be consulted. We check for protected status as part of our standard process and will not start work that requires consent until the correct permission or exemption is in place. The bird nesting survey is separate from, but works alongside, the TPO process. A lawful TPO exemption does not remove the need to comply with wildlife law.
J&D Forestry Ltd is committed to carrying out tree work lawfully, safely, and responsibly. We invest in the right equipment, including thermal imaging, and we train our staff to recognise nesting signs and to stop work immediately if a bird or nest is found. We keep records of our surveys and we communicate clearly with customers about any delays caused by wildlife protection.
We are grateful when customers, neighbours, and members of the public raise concerns about wildlife. Your comments help us make sure nothing is missed. If you have any questions about our bird nesting policy, or if you have seen nesting activity near a job we are scheduled to carry out, please contact us straight away.
You can reach us by phone on 07304 121 235, by WhatsApp, or through the contact form on our website. If you want to discuss wildlife protection on a specific job, please give us the address and any details you can share, and we will make sure the information is passed to the crew before work starts.
