If you’ve got tree work coming up between February and August, there’s one question you need to answer before you book anything: are birds nesting in or around that tree?
Get it wrong and you’re not just looking at a delayed job. Under the Wildlife and Countryside Act 1981, disturbing an active bird’s nest is a criminal offence — and “I didn’t know” isn’t a defence that holds up.
Here’s what the law actually says, what it means for your tree work, and what to do if birds are already nesting in your tree.
When is bird nesting season in the UK?
The official nesting season runs from 1 February to 31 August. Natural England uses this window as the standard period when birds are most likely to be breeding, building nests, or raising young.
In practice, some species start earlier and some finish later. Robins, for example, can nest from January. Pigeons breed year-round. The February–August window is a guide, not a guarantee.
If you’re planning tree work during any part of that period, a pre-work nesting check is essential.
What does UK law say?
The Wildlife and Countryside Act 1981 makes it an offence to:
- Intentionally take, damage, or destroy the nest of any wild bird while it is in use or being built
- Intentionally disturb any wild bird while it is on or near a nest containing eggs or young
This applies to all wild bird species — not just protected ones like barn owls or red kites. A blackbird’s nest in your hedge carries the same legal protection as a nesting peregrine falcon.
Penalties include an unlimited fine and up to six months in prison.
Is it illegal to cut trees during nesting season?
Not automatically — but it can be.
Tree work is legal during nesting season if no active nests are present. The law doesn’t ban tree work outright between February and August. It bans disturbing or destroying an active nest.
The problem is that you can’t always see a nest until you’re already cutting. A nest inside dense ivy, inside a hollow branch, or deep in a thick hedge is easy to miss until it’s too late.
This is why any tree surgeon worth using will carry out a visual nesting check before starting work during the nesting season. At HRG, we do this as standard on every job between February and August.
What if birds are nesting in my tree right now?
If you find an active nest — one that contains eggs or young, or where a bird is sitting — the work has to stop until the nest is no longer in use. You can’t move a nest, cover it, or carry on around it. The only option is to wait.
Once the nest is empty and the young have fledged, the work can proceed.
If you’re unsure whether a nest is active, don’t guess. Contact a qualified tree surgeon who can assess the situation properly. We can advise on what’s possible and help you plan around nesting activity so you’re not left waiting unnecessarily.
When is the safest time to do tree work?
September to January is the lowest-risk window. Outside the nesting season, you can carry out tree work without the same level of concern about disturbing breeding birds.
That said, some species — collared doves and pigeons in particular — nest year-round, so a pre-work check is still good practice even in winter.
If you have significant tree work planned for the spring or summer, booking it in advance and asking your tree surgeon to carry out a nesting check before work starts is the right approach.
What should you do before booking tree work in spring or summer?
A few practical steps:
1. Look before you book. Walk around the tree and look for any signs of nesting activity — birds flying in and out repeatedly, nesting material being carried, or a bird sitting unusually still in the canopy.
2. Tell your tree surgeon the time of year. Any reputable tree surgeon will factor nesting season into their pre-work assessment. If yours doesn’t mention it, ask.
3. Don’t rush it. If an active nest is found on the day, the work needs to pause. Planning ahead gives you options.
4. Get the work done outside the season where possible. If it’s not urgent, autumn and winter are simpler. If it is urgent — a dangerous branch, a tree that’s fallen — emergency work can still proceed, but the nesting situation needs to be assessed first.
Can a tree surgeon work during nesting season?
Yes — with a proper pre-work check confirming no active nests are present.
At HRG Tree Surgeons, we carry out nesting checks as standard during the nesting season. If we find an active nest, we’ll tell you, explain the options, and help you plan around it. We won’t put you or ourselves in a position where the law is being broken.
We’re based in Southampton and cover Hampshire, including Romsey, Winchester, Hythe, and the surrounding areas.
If you’ve got tree work coming up and you’re not sure where you stand, get in touch. We’ll give you a straight answer.
Frequently asked questions
When is bird nesting season in the UK? The standard nesting season is 1 February to 31 August. Some species nest outside this window, but this is the period when the risk of disturbing active nests is highest.
Is it illegal to cut down trees in the nesting season? Not automatically. Tree work is legal during nesting season if no active nests are present. Cutting a tree that contains an active nest — one with eggs, young, or a sitting bird — is an offence under the Wildlife and Countryside Act 1981.
Is it illegal to cut trees during nesting season? Only if an active nest is disturbed or destroyed in the process. A qualified tree surgeon will carry out a pre-work nesting check to confirm whether work can safely proceed.
What does Natural England say about bird nesting season? Natural England recognises 1 February to 31 August as the standard nesting season for guidance purposes. They advise that vegetation clearance, hedgerow cutting, and tree work during this period should be preceded by a nesting check carried out by a suitably experienced person.
When is the best time to cut trees to avoid nesting birds? September to January is the lowest-risk window. Outside the nesting season, the legal risk of disturbing active nests is significantly reduced, though year-round nesters like pigeons mean a pre-work check is still advisable.
Are birds’ nests protected by law? Yes. Under the Wildlife and Countryside Act 1981, all wild bird nests in active use or under construction are legally protected. This applies to every species, not just rare or protected birds.
What should I do if I find a bird’s nest in a tree I need to cut? Stop work and assess whether the nest is active. If eggs or young are present, or a bird is sitting, work must pause until the nest is no longer in use. Contact a tree surgeon for advice on your specific situation.
HRG Tree Surgeons are an Arboricultural Association Approved Contractor based in Southampton, covering Hampshire and the surrounding area. All our operatives are NPTC qualified and fully insured.
