South Derbyshire District Council - Buildings, bats and the law

Bats are a diverse and interesting group of animals and they do not nibble at wires, wood or insulation, build nests or bring any building materials into their roost. They are for the most part a trouble free tenant.

Before you demolish a building, it is vital that you consider whether bats are likely to live there. The location of a bat roost is not obvious so a competent, qualified bat surveyor should undertake bat survey.

It is an offence to intentionally or recklessly damage, destroy or disturb access to any structure or place that a bat uses for shelter or protection. This is an absolute offence; in other words, intent or recklessness does not have to be proved. The potential fine for each offence is £5,000, and if more than one bat is involved, £5,000 per bat. An offender can also be imprisoned for six months.

Bat legislation

The Wildlife and Countryside Act 1981 (WCA) protects bats and their roosts in England, Scotland and Wales. Some parts have been amended by the Countryside and Rights of Way Act 2000 (CRoW) which applies only in England and Wales, and by the Nature Conservation (Scotland) Act 2004 which applies in Scotland.

The Conservation (Natural Habitats) Regulations 1994 (better known as the Habitats Regulations) implements the Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora - better known as the Habitats Directive. All bats are listed as 'European protected species of animals'.

Further information

Bat Conservation Trust
Bats and the law leaflet (pdf)
Bat law in detail

Page ref: SDDC 325

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