When it comes to pruning or cutting down trees in your garden, most homeowners are aware of the need to respect Tree Preservation Orders. But do you know the other law that could lead to fines or even prosecution if you break it?
It's particularly relevant during the Autumn months when the creatures it's designed to protect are entering their peak mating season. But, not knowing about it doesn't excuse you if you do break it.
And while, we all know to check for these nocturnal creatures when converting a loft or renovating a home, did you think to ask about your trees? We spoke to ecological experts to find out more about the Wildlife & Countryside Act 1981, so you can ensure it doesn't fell you before you fell your trees.
What does the Wildlife & Countryside Act 1981 protect?
The Wildife & Countryside Act 1981 is a piece of legislation designed to protect certain wildlife species, including flora and fauna. It's a general law that covers much of the UK.
And, while one of the creatures it protects is commonly associated with roofs and rafters, there's a chance bats could be roosting in your trees too. Think the risk is small? You could be wrong, according to Jonathan Stuttard, technical manager and herpetofauna lead at ecology consultancy, Arbtech.
"It is common for bats to roost in trees," he confirms. "Most UK bat species will utilise trees for roosting."
"Although most of the 17 species of UK bats have associations with trees, there are also some tree and woodland roosting specialist bats," adds James Allitt, senior arboriculturist at Norfolk Wildlife Trust. "These include Barbastelle, Bechstien’s, Daubenton’s Leisler’s and Noctule bats. Some of these are very rare and are confined to areas of woodland and rely on suitable foraging ground."
How can you break the law? Relatively easily it seems, according to James, who tells us the law doesn't need a bat present for you to break it.
"In Britain, all bat species and their roosts are legally protected, by both domestic and European legislation. This means that under Regulation 43 of the Conservation of Habitats and Species Regulations 2017 (as amended) you may be committing a criminal offence if, amongst other things, you damage or destroy a breeding site or resting place of a bat (bats do not have to be in occupation at the time)."
Jonathan Stuttard is a Technical Manager & Herpetofauna Lead at Arbtech with 11 years of experience in environmental science and ecology.
James is a professional member of the Arboricultural Association, and through his volunteering and professional work, Jim has obtained a Level 1 class licence for bat surveying and can perform aerial bat roost surveys on trees. He has a background in nature conservation and over 15 years' Arboricultural experience.
What type of trees do bats roost in?
If you're keen to know which trees to check before planning your September garden jobs, it's not quite as simple as being able to work thorough a checklist of species.
Why? It seems bats aren't that particular about the trees they choose to roost in. Instead it's more about their general features.
"Whilst oak, beech and ash are particularly suitable for bats, they will use any species provided it is has suitable feature," says Dr Gwen Hitchcock, a senior monitoring & research officer at the Wildlife Trust for Bedfordshire, Cambridgeshire and Northamptonshire. "Bats typically roost in rot holes, woodpecker holes, cracks, under flaky bark or anywhere they can tuck themselves in.
"Whist they can use isolated trees most species will prefer trees that are connect to other trees, scrub or hedgerows," she adds.
"Partially detached ivy can also be used by bats and also wildlife boxes," adds James Allitt. "Trees with these features tend to be mature specimens and can be any species of tree, however, bats have been known to use quite young trees with suitable features."
"Bats roost in a wide range of tree species, so long as they retain the correct structural features suitable to support a roost," expands Jonathan Stuttard. "In broad terms, trees that retain cavities that offer protection from external conditions are suitable to support a bat roost."
Dr Gwen Hitchcock is a Senior Monitoring & Research Officer at the Wildlife Trust for Bedfordshire, Cambridgeshire and Northamptonshire. She coordinates monitoring of bats, orchids, butterflies, dormice and other key species on nature reserves and other sites in the three counties. With a background in both reserve management and ecology she is particularly interested in ensuring the conservation methods used are supported by science.
How to tell if you have bats in your trees?
Establishing if you have a roost in your trees is the first step to take in ensuring you don't break the Wildlife & Countryside Act 1981, but bats are quite selective in terms of the clues they leave homeowners, which can make it tricky.
"Bat roosts in trees are notoriously challenging to find, primarily because evidence such as droppings and urine staining is often quickly degraded," says Jonathan Stuttard. "Bat roosts in trees are also mostly transient, making it challenging to find bats in-situ."
It can certainly be more challenging than conducting a bat survey in buildings," confirms James Allitt. "When carrying out surveys for bats in trees we will carry out a preliminary ground level roost assessment. This will identify any potential Potential Roost Features (PRFs) and we will assign a category of their suitability, either suitable for individual bats (PRF-I) or suitable for multiple bats (PRF-M).
"We will look for obvious signs such as bat droppings in, around or below the PRF, any odour emanating from a PRF or any staining directly below the entrance of a PRF," he explains. "But, on some occasions getting ‘up close and personal’ with the PRF is necessary to establish the suitability of the PRF, for example, how much a woodpecker hole extends into the tree.
"In this case we would access the tree using rope and harness access techniques (tree climbing) or the use of a mobile elevated work platform. However, quite often the signs are exposed to the weather, and elements such as bat droppings, for example, do not persist in the same way as in buildings, as they decay much quicker," he warns.
So what does this mean? It can be really hard to establish if a roost is old or if it's still being used by bats, leaving you, the homeowner in a somewhat precarious position, particularly if you're keen to prune back trees before it's too late, for a healthy growth spurt in Spring.
Can I check for bats myself?
If you're thinking of grabbing a ladder and climbing your trees to check if you do have bats, our experts all have one word of advice – don't.
"Bats and their roosts are fully protected by wildlife legislation and it is an offence to deliberately or recklessly disturb bats and their roosts," warns Jonathan Stuttard. "Only trained professionals who are appropriately licensed should undertake detailed inspections of potential roost sites."
"If you deliberately or recklessly disturb a bat or their roost site then this would breach UK legislation and you could be subject to prosecution," he expands. "This could result in financial penalties or even prison sentences in the most serious cases."
So what as a homeowner can you do that won't get you into trouble? It seems being observant is the starting point according to Dr Hitchcock.
"If you see bats flying over your garden early in the evening that indicates that they are probably roosting nearby, but won’t tell you where. The most conclusive evidence is if you spot them emerging from the tree in the evening," she says, but caveats it with a warning. "Do not shine torch to check for them as that will disturb the bats and may prevent them coming out to feed."
"Firstly, I would encourage the homeowner to spend a few nights themselves sitting outside on a warm evening around dusk, and just observe," agrees James Allitt. "Focus on any features such as the woodpecker holes, splits, cracks discussed earlier. A lot can be learned by simply watching if any bats emerge from a tree.
"Local bat groups are a wealth of knowledge as is the Bat Conservation Trust," he adds. "If a tree does have bats then take a moment to celebrate," suggests James. "These are magnificent creatures that interact with the world in a very special and unique way – and you may have just discovered they live next door!
When to call in the professionals
If, after making your own observations you do suspect you have bats, then it's always time to call in the professionals is the most important piece of advice you can take on board.
However, it's worth bearing in mind that different times of the year may be more suitable for contacting them, as their movements and roosting cycles can vary.
"Bats utilise multiple roost sites throughout the year, as different roost characteristics are optimal during different periods of their lifecycle," says Jonathan Stuttard. "As a result, there are times when some bat roost types are less likely to be occupied, which could reduce the anticipated impacts of proposed works."
"Bats typically have separate hibernation roost over winter and other roosts they use during the summer, although they may overlap," expands Dr Hitchcock. "Over their active periods (Spring - Autumn) they will often move between roost on a regular basis, so may not even be in the same tree from day to the next. The exception being maternity roosts where they will remain for longer whilst raising their young," she adds.
"Some bats like the pipistrelles and brown long-eared bat will use both buildings and trees, and which roost is used at any given time will depend on a number of things, some roosts may be better insulated when the weather is colder for example," says Dr Hitchcock.
Wondering just how many trees they could be in? "Some bats use up to 20 different tree roosts in a year," warns James Allitt. "Roost switching can occur every two to three days in some bat species and they are often looking for small differences in temperature and humidity, unlike bats that roost in buildings as they aren’t exposed to major temperature and humidity changes as much a tree roosting bat," he explains.
The only real way to know what you're dealing with – ask the experts.
FAQs
If I have bats in my roof are they likely to be in my garden too?
It's not a clear-cut answer, but, the chances are it's likely says Jonathan Stuttard.
"If a bat is roosting within a tree near to your house, that means the enclosing habitat is suitable to support bats, meaning bats may also use suitable roosting features within your house."
How can I encourage bats to roost somewhere other than in my trees?
Although bat boxes can be installed on a property, and will often be required as part of a bat survey, simply installing them doesn't give you enough grounds to then chop down or cut back your tree branches.
"Putting up bat boxes near to trees with bats present might encourage them to move," but it is hard to replicate the natural features of a tree and the specific requirements of the bats," says James Allitt. "
"In some circumstances, we have been involved in a process called ‘Veteranisation’ of trees. This involves creating habitat in younger trees to ‘bridge’ any gap in suitable habitat or age class of trees. Creating cavities or holes in trees using a chainsaw may, in time develop into a suitable roost feature, but it is important to choose the correct tree in the correct setting when considering this technique," he explains, and, its only something that can be done by the professionals.
Plus, it's important to remember that not only are bats protected but bat roosts are protected too – regardless of whether it is being used at the time.
"An example being, if you have a tree that requires safety work or you plan to develop land that has trees with PRFs, then you must establish if a bat roost is present or absent," he adds. "Once a bat uses a tree as a roost then the tree is protected and a special licence must be obtained from the Statutory Nature Conservation Organisation (Natural England, Natural Resource Wales, Scottish Natural Heritage or Dept of the Environment (in Northern Ireland)."
Discovering your home is visited by more than just one type of wildlife? If you're being disturbed the the sounds of foxes, discover 7 safe ways to keep foxes out of your garden. Or, if moles are the issue, instead of trying to remove them, check out this hack from our deputy editor's mum, who found a surprising use for molehills.
