
Bat roosts and tree work in Exeter
Bats can roost in trees that look perfectly ordinary from the ground, and the law protects those roosts whether or not a bat is inside at the time. Before any felling, lopping or crown reduction in Exeter, an owner or contractor needs to know whether a roost is likely, what a survey involves and when a licence is needed. Getting this wrong can stop a job halfway, expose the person ordering the work to prosecution and delay a planning decision for months.
The legal position
Bats in England are protected under the Conservation of Habitats and Species Regulations 2017. Regulation 43 makes it an offence to deliberately kill, injure, disturb or capture a bat, and it also makes it an offence to damage or destroy a breeding site or resting place; that second offence does not require the damage to be deliberate. A person convicted under the regulation faces up to six months' imprisonment, a fine, or both. The Government's advice on bats and planning decisions states that the resting place offence applies even when bats are not present at the time, which is the point most owners find surprising.
The practical consequence is that an unoccupied roost is still a protected roost. A hole in a limb, a split in the bark or a cavity behind loose ivy can be a resting place for a bat that uses the tree seasonally, and removing it without a licence can be an offence even though no animal was harmed on the day. The rules apply to private gardens, to commercial sites and to council-owned trees alike.
Signs of potential roost features
Bats use trees in several ways. Some roost in cavities, rot holes and woodpecker holes, while others use the gaps behind loose bark, the joints where a limb meets the trunk, and the spaces under ivy. Mature trees are more likely to have these features because they have had time to develop them. Older lime, oak, ash and beech trees, and trees with dead wood in the crown, deserve particular attention.
The Government's guidance says a survey should be considered where tree felling could affect a bat roost, and it names specific situations where roosts are more likely, including trees within ancient woodland or parkland. Owners do not need to be experts to spot a warning sign. Droppings on the ground beneath a tree, a smell of ammonia near a cavity, or a noise of movement at dusk are all reasons to stop and ask for advice before the work starts.
Survey timing is important. Some features can only be checked at certain times of year, and a survey done in the wrong season may not reveal a roost even when one is present. A tree surgeon can usually advise on the likely timing, but the survey itself should be carried out by a suitably qualified ecologist.
Owners sometimes ask whether a tree can be checked from the ground alone. A visual check from ground level can show obvious cavities and droppings, but it cannot rule out a roost in a split limb or a gap behind ivy. Where the tree is large or the features are high, the ecologist may need to inspect from a platform or with an endoscope. A documented result from a suitably qualified person is far more useful than a note that the tree looked clean, which will not satisfy a planning officer.
Ecologist surveys and what they involve
The survey is carried out by an ecologist, who will inspect the tree from the ground and, where the features are high up, may use a camera, an endoscope or a climbing inspection. The ecologist records what is found, assesses the likelihood of a roost and recommends whether further survey visits are needed. Where a roost is confirmed, the report will set out the impact of the proposed work and the steps needed to avoid or reduce that impact.
An ecologist's report also helps a planning application. If the work forms part of a development, the planning authority will look for evidence that bats have been considered, and a survey that shows the trees were checked is usually more persuasive than an unsupported statement. The Planning Portal's guidance on trees explains that work to protected trees may need the council's consent, and the ecological evidence sits alongside that process.
Owners should ask for the survey report to be sent to them, not just to the contractor, because the report will record what the crew must do and what they must not do on the day. The cost of the survey is usually a separate line item, and a quote that includes the survey as a single figure should show what it covers.
Licence requirement before disturbing a roost
If a roost is confirmed and cannot be avoided, the work cannot go ahead without a licence, which in England is issued by Natural England. The GOV.UK page on wildlife licences warns that carrying out an activity that needs a licence without one can lead to an unlimited fine and up to 6 months in prison. A licence allows the activity to proceed under strict conditions, typically including the timing of the work, the method used, the provision of replacement roost features and a requirement for an ecologist to be present. The Government's advice explains that where a roost is destroyed it should be replaced on a like-for-like basis, with no net loss of occupied and unoccupied roost sites.
Work done without a licence exposes the owner and the contractor to enforcement. The Forestry Commission's felling guidance says that if protected species such as bats are found to be directly affected during the work, the work must stop immediately and Natural England should be contacted, and a responsible contractor will refuse to continue until the position is resolved. Owners should expect the contractor to ask about bats before pricing, and should be wary of any quote that promises to deal with the problem by simply cutting the tree at a particular time of year.
Timing rules can also restrict when work is allowed. A licence may specify that work is carried out outside the period when bats are most active, but the choice of period depends on the species and the stage of the roost, so the ecologist's recommendation governs. Work outside the agreed window should not be started without fresh advice.
Seasonal activity also shapes the plan. Bats move between roosts through the year, and a tree that is quiet in winter may be busy in summer. An ecologist can advise on the survey window for the species present, and a crew should plan its programme around that window rather than the other way round. A rushed programme that ignores the seasons is one of the most common reasons a job is stopped after the first day. Owners should also allow time for the licence application itself, which runs separately from the survey and cannot be treated as a formality.
Local context in Exeter
Exeter has mature trees in many of its older residential streets and along the river corridor, and many of these trees may be used by bats for roosting or feeding. The Exeter city centre and the suburbs of Pinhoe and Alphington have different mixes of garden trees, so the likelihood of a roost varies from one property to the next. An owner in Exeter should not assume that a tree is free of bats simply because it has no obvious cavity.
Work that also needs consent under a tree preservation order is more complicated, because the council will expect the ecological position to be clear before a decision is made. The guide on checking tree protection explains how to check the protection status, and the compliance service covers the documentation that is often needed alongside a survey.
For a larger job, the commercial tree service is usually the right route, because it can coordinate the survey, the method statement and the crew. Owners who want to start with a single tree can send a quote request that notes any signs of bats, such as droppings or noise, so that the contractor can plan the survey before the crew is booked. The additional cost of a survey and licence is easier to plan for when it is raised at the start, rather than discovered halfway through a job.
Sources and further reading
- The Conservation of Habitats and Species Regulations 2017, regulation 43 (legislation.gov.uk)
- Bats: advice for making planning decisions (GOV.UK (Natural England))
- Planning Portal: trees (Planning Portal)
- Wildlife licences: when you need to apply (GOV.UK)
- Tree felling: getting permission (GOV.UK (Forestry Commission))