Wildlife and animal intruders
What is legal: UK wildlife and pest law for homeowners
UK law protects much of the wildlife that turns up in and around homes. Bats and their roosts and all wild birds and their active nests are protected, badgers are strictly protected, and grey squirrels are an invasive species that must not be released alive once caught. Welfare law also governs how any animal may be trapped or controlled.
The single most useful thing to understand before dealing with an animal in your home is that the law treats different species very differently. Doing the wrong thing can be both ineffective and a criminal offence. This page sets out the main rules in plain English and links to the relevant guidance, then points to our individual guides for each animal.
This is general information, not legal advice, and the law differs slightly between England, Wales, Scotland and Northern Ireland. Always check the current gov.uk guidance for your nation and, for protected species, take specialist advice before acting.
Strictly protected: bats, badgers and wild birds
Bats. All UK bat species and their roosts are strictly protected under the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017. It is a criminal offence to deliberately kill, injure or disturb a bat, or to damage, destroy or block access to a roost, even when no bats are present. If you find bats, contact the Bat Conservation Trust National Bat Helpline and use a licensed ecologist before any work. See our guide on bats in the loft.
Wild birds. All wild birds, their eggs and their active nests are protected under the Wildlife and Countryside Act 1981. It is an offence to damage or destroy a nest while it is in use or being built, which in practice limits deterrent and proofing work during the main nesting season (roughly March to August). Gulls are increasingly protected, and lethal control of some species now needs a licence from the statutory nature body. See our guide on pigeons.
Badgers. Badgers and their setts are strictly protected under the Protection of Badgers Act 1992. It is an offence to kill, injure or take a badger, or to damage, destroy or block a sett. If a badger is causing a problem, take advice rather than acting, as a licence may be required.
Invasive species: the grey squirrel no-release rule
The grey squirrel is an invasive non-native species. It is legal to control grey squirrels, but under the Wildlife and Countryside Act 1981 and the Invasive Alien Species (Enforcement and Permitting) Order 2019 it is illegal to release or keep a trapped grey squirrel and let it go alive. A caught grey squirrel must be humanely dispatched, not relocated to a wood or park.
This catches many homeowners out, because the humane-sounding instinct is to release a trapped animal elsewhere, which here is unlawful. Because of this, and the roof access usually involved, many people use a professional. See our guide on squirrels in the loft.
Welfare and methods: how you may control an animal
Even where an animal is not protected, the law governs how you may deal with it. The Animal Welfare Act 2006 prohibits causing unnecessary suffering, so any trapping or control must be humane.
Traps. Spring traps for moles and other animals must be of an approved type and used correctly under the Spring Traps Approval Orders. Using an unapproved or wrongly set trap can be an offence. See our guides on moles, rats and mice.
Poisons. There is no legal poison for foxes, and poisons must never be used against protected species. Rodenticides for rats and mice are tightly regulated and must be used strictly per the label to protect children, pets and non-target wildlife. Where lethal control is genuinely needed, a licensed professional is usually the safest and most lawful route. See our guide on foxes.
Frequently asked questions
Which animals are protected by law in the UK?
All bats and their roosts are strictly protected, and all wild birds, their eggs and active nests are protected, with gulls increasingly so. Badgers and their setts are also strictly protected. Some species, such as the grey squirrel, are invasive and treated differently: legal to control, but illegal to release alive.
Is it illegal to kill a grey squirrel?
It is legal to control grey squirrels because they are an invasive non-native species, but it is illegal to release or rehome a trapped grey squirrel alive. A caught grey squirrel must be humanely dispatched, not relocated. This is the rule homeowners most often get wrong.
When is the bird nesting season I have to avoid?
There is no fixed legal date range, but the main nesting season runs roughly from March to August. It is an offence to damage or destroy the active nest of any wild bird while it is in use or being built, so deterrent and proofing work near nesting sites should avoid that period.
Do I need a licence to deal with bats?
You must not disturb bats or their roost, and any work that could affect a roost (such as reroofing or a loft conversion) may require a survey by a licensed ecologist and a licence from the statutory nature body, such as Natural England. Contact the Bat Conservation Trust helpline before doing anything.
Can I use poison on garden wildlife?
There is no legal poison for foxes, and poisons must never be used against protected species. Rodenticides for rats and mice are tightly regulated and must be used strictly per the label to avoid harming children, pets and other wildlife. When in doubt, use a licensed professional.
Sources
Editor, HomesAndHedge
Oliver leads HomesAndHedge's editorial coverage of home and garden problems. He researches and writes the plain-English explainers on pests, invasive plants, damp and mould, drainage and wildlife, drawing on guidance from bodies such as the Property Care Association, the RHS and the NHS, and is clear about when a job needs a qualified professional.
Last reviewed: 8 June 2026