Bats and the law
All bats and their roosts are protected by law.
All bats are protected by the Wildlife and Countryside Act 1981 and by the Conservation (Natural Habitats, &c.) Regulations 1994.
Is an offence to:
- intentionally or deliberately kill, injure or capture (take) a bat
- deliberately disturb a bat (whether in a roost or not)
- damage, destroy or obstruct access to a bat roost
- possess or transport a bat or any part of a bat, unless acquired legally
- sell, barter or exchange a bat, or any part of a bat
It is a legal requirement to consult Scottish Natural Heritage before you do anything that might affect bats or their roosts. This might include:
- blocking, filling, or installing grilles over old mines or tunnels
- building, alteration or maintenance work
- getting rid of unwanted bat colonies
- removing hollow trees
- re-roofing
- remedial timber treatment
- rewiring or plumbing in roofs
- treatment of wasps, bees or cluster flies.
Remember that because bats return to the same places every year, a bat roost is protected even if there are no bats there.
The law allows you to tend disabled bats, kill seriously injured ones and disturb bats in the living area of a house. This means that if you have bats in your house, unless they are in the living area itself, you should consult SNH before taking any action which would disturb the bats or affect their roost. The living area means those parts of the house which are in continual occupation, i.e. it excludes the loft/attic space unless this area has been converted into bedrooms, or other habitable space.
Some of the above activities, including disturbing or any attempt to remove the bats, may be legitimately undertaken under the terms of a licence issued either by SNH or the Scottish Executive, depending on the specific circumstances. Activities such as catching, ringing or photographing bats can be licensed by SNH provided they are for scientific, educational or conservation reasons.
This explanation should be regarded only as a guide to the law. For further details, refer to Sections 9-11, 16-27 and 69 of the Wildlife and Countryside Act 1981 and to Regulations 39-41 and 44-46 of the Conservation (Natural Habitats, &c.) Regulations 1994.