Archive Website of the UK government

Legal protection for wild birds

Choosing the right course of action is essential, as it's illegal to intentionally harm or kill any wild bird species. You are not allowed to take wild birds’ eggs – and disturbing, damaging or destroying nests is against the law.

Identifying the bird

If you’re having bird problems, it's important to identify what sort of bird is causing the problem. It may affect what you can do about the problem. For example, disturbing certain specially protected birds when they are on or near their nest is illegal, so scaring isn’t appropriate.

Follow the links below to:

• identify a bird using the Royal Society for the Protection of Birds (RSPB) website
  
• see a list of birds specially protected by the Wildlife and Countryside Act 1981

• Illustrated list of birds in alphabetical order from the Royal Society for the Protection of Birds Opens new window

• Download a list of birds protected by law (PDF, 304K) Opens new window

• Help with PDF files

Solving the problem without harming the bird

A broad range of techniques is available to deal with nuisance caused by birds. These include:

• noise deterrents or audible scarers, like recordings of the bird’s own alarm calls or loud bangs
  
• using a scarecrow or other visual scarer
  
• using netting or bird-spikes (‘proofing’) to prevent birds landing or accessing areas where they’re known to cause problems
  
• restricting access to food – for example, by cleaning up food spills immediately and keeping rubbish in secure bins
  

Using proofing

An example of where proofing can be used effectively is with the Herring Gull. The gulls commonly nest on roof-tops, where their noise and swooping at people can be a nuisance. Proofing the site before the gulls return in spring can prevent this problem from happening again.

Netting and spikes can also be used very effectively to prevent pigeons nesting or roosting.

Not feeding birds in urban areas

Feeding problem wild birds in public urban areas can make the birds expect food from people and can cause swooping. Swooping can scare some people, and large aggressive species like gulls can actually cause injury.

Feeding can also greatly increase populations of birds like waterfowl and pigeons.

Deterring birds: advice

The Royal Society for the Protection of Birds (RSPB) has advice on deterring a number of birds that are seen as pests, including pigeons and gulls. See the links below for further information.

• Advice on deterring pigeons: Royal Society for the Protection of Birds (RSPB) Opens new window

• Advice on dealing with urban gulls: Royal Society for the Protection of Birds (RSPB) Opens new window

Taking further action to deal with nuisance birds

Because it's illegal to intentionally harm or kill birds, not all of the measures you are allowed to take are lasting solutions.

The law recognises that in some circumstances, you may need to take action that would normally be seen as an offence. You need to get a licence to be able to do this (this process is called ‘licensing’).

Licences are only available under certain conditions, the two most relevant to nuisance problems being:

• to protect public health and safety
  
• to prevent serious damage to crops, vegetables and fruit
  

You can read more information and advice about licensing on Natural England’s website.

• Licensing information from Natural England Opens new window

Organisations that can help with bird problems

You may be able to get advice about how to deal with injured and nuisance birds from:

• the Royal Society for the Protection of Birds (RSPB)
  
• the Royal Society for the Prevention of Cruelty to Animals (RSPCA)
  

The Royal Society for the Protection of Birds

The RSPB can offer you advice about birds and bird-related law, but does not collect young or abandoned birds. You should leave these where you find them. Follow the link below to find out more about wild birds and the law.

• Wild birds and the law Opens new window

The Royal Society for the Prevention of Cruelty to Animals

The RSPCA or a private veterinary practic can advise you on what to do with injured birds.

• Royal Society for the Prevention of Cruelty to Animals Opens new window

Privately owned nuisance birds

If somebody owns a bird that makes an unacceptable amount of noise, you can deal with it as you would any other noise problem. For advice on how to do this, see ‘Dealing with a noise nuisance’.

If the bird is causing a problem that is, or is likely to be, damaging to health or a nuisance, this may count as a statutory nuisance. Your council has a duty to investigate this. For more information, see ‘Solving a dispute with a neighbour: an introduction’.

• Dealing with a noise nuisance

• Solving a dispute with a neighbour: an introduction

Local councils and nuisance birds

Local councils have limited ability to deal with bird-related problems, as these aren't usually within their responsibility. However, in some circumstances, they may take action under a general licence to reduce feral pigeon or gull numbers for public health reasons.

• Find your local council

More useful links

• Controlling birds (Natural England) Opens new window

• Wildlife and Countryside Act 1981 Opens new window

Useful contacts

• Useful contacts