All wild birds are protected under law when they are nesting under the Wildlife and Countryside Act 1981 (as amended).  In addition Schedule 1 species are protected at all times.

Offences:

• It is an offence under the Wildlife and Countryside Act to:
• Kill, injure or take any wild bird.
• Take, damage or destroy a nest while it is in use or being built.
• Take or destroy eggs.
• Possess or control any wild bird (dead or alive) or any part of a wild bird which has been taken in contravention of the Act or the Protection of Birds Act 1954.
• Possess or control any egg or part of an egg which has been taken in contravention to the Act.                       
• Possess or control any live bird of prey of any species in the world (with the exception of vultures and condors) unless it is registered and ringed.                                  
• Disturb any wild bird listed on schedule 1 of the Act while it is nest building, or at a nest containing eggs or young, or disturb the dependent young of such a bird.

Also, see Naturenet for further details in respect to offences of selling, trading, exhibiting, keeping in captivity and registering for possessing/controlling certain species.

Exceptions:

• A general licence may be obtained to allow an authorised person to destroy or take a nest of eggs of certain species of birds.
• In certain circumstances the killing of wild birds (excluding those listed on schedule 1) is permitted under a licence but only if it is necessary for the purpose of preserving public health or air safety, preventing spread of disease or preventing serious damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber or fisheries.
• If confident that it can be proven in court an injured bird may be taken to inorder to rehabilitate it.
• Licences to take a wild bird may be obtained for various purposes, e.g. scientific research, ringing, conservation.

Also, see Naturenet for further details in respect to exceptions for certain gaming birds and for the full list of licences.

If any activities are undertaken that result in any of the above an offence would be committed under the law.  If prosecuted, fines of about £1,000 (per bird or nest) can be applied, except for offences against schedule 1 birds where the fine applied could be £5,000 or imprisonment.

Examples of works and activities that could impact upon birds:

• Removal and cutting of vegetation, including hedges, trees and even grasslands (as some birds nest on the ground).
• Demolition or development (including conversions) of buildings.  Species such as House Sparrows, Swallows and House Martins nest on buildings.
• Building maintenance e.g. guttering and fascia replacements.  Species such as House Sparrows, Swallows and House Martins nest on buildings.

Development and planning:

Where development sites have suitable features for birds, such as buildings and vegetation, planning permission will advise that vegetation clearance should be avoided during the bird nesting season (between 1st March and 31st July inclusive).  For larger applications breeding and wintering bird surveys may be requested to be undertaken to inform the determination of an application.  Particularly so if schedule 1 birds are suspected in the area or a site is likely to support significant populations or diversity of species.