What to do if you think you have bats in your property
At least eight* species of bats are known to live in the Doncaster region. The most frequent kind to occur in domestic property is the tiny Pipistrelle bats, though other species are occasionally encountered.
(* Doncaster bat species – Pipistrelle bat; Noctule bat; Leisler’s Bat; Daubenton’s bat; Whiskered bat; Brandt’s bat; Natterer’s bat and Brown long-eared bat)
Although old barns and derelict buildings occasionally harbour bats, most of the bat colonies we know of in the Doncaster region are situated in modern properties where they benefit from central heating, double glazing and roof insulation!
The majority are summer ‘nursery’ colonies, where all the female bats from quite a wide area gather together to produce and rear their single babies. They generally get together in early May, have their single babies in June and raise their young through July and August. The colonies disperse from August to October. The bats then look for winter hibernation sites which can be occupied from November through to April.
Bats are not regarded as ‘vermin’ or pests, in fact nowadays, many people erect bat boxes on their properties and on garden trees to try to attract them.
All European species of bats protected by law, so too are their breeding (summer nursery) and winter hibernation sites.
If you have any problems with bats in buildings within the Doncaster Borough area, advice can be obtained from the following people and organisations:-
Colin Howes (Keeper of Environmental Records), Doncaster Museum, DN1 2AE
Tel: 01302 734289
Email: colin.howes@doncaster.gov.uk
Rachel Hoskin (Planning Ecologist), Doncaster Council Planning Department, 2nd floor, Danum House, DN1 1UB
Tel: 01302 734924
Email: Rachel.hoskin@doncaster.gov.uk
Natural England (Local ‘Humber to Pennine’ Office), 2nd floor, Bullring House, Northgate, Wakefield, WF1 3BJ
Tel: 01924 334500
For General Information contact:
The Bat Conservation Trust, 15 Cloisters House, 8 Battersea Park Road, London SW8 4BG
Tel: +44 (0) 207 627 2629
Email: enquiries@bats.org.uk
Natural England (Headquaters) Northminster House, Peterborough, PE1 1UA
Tel: 01733 455001
Bats and the law - a quick guide (compiled by the Bat Conservation Trust)
Bat legislation
The Wildlife and Countryside Act 1981 (WCA) protects bats and their roosts in England, Scotland and Wales. Some parts have been amended by the Countryside and Rights of Way Act 2000 (CRoW) which applies only in England and Wales.
The Conservation (Natural Habitats, &c.) Regulations 1994 (better known as the Habitats Regulations) implements the Council Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora - better known as the Habitats Directive. All bats are listed as 'European protected species of animals'.
Bats may also be protected by site safeguard measures, for example by virtue of their roost site or feeding grounds being notified as a Special Area of Conservation (SAC) or a Site of Special Scientific Interest (SSSI).
Bat protection
It is an offence for any person to:
- Intentionally kill, injure or take a bat. Under the Habitats Regulations it is an offence to deliberately capture or kill a bat.
- Possess or control a live or dead bat, any part of a bat, or anything derived from a bat. This is an offence of strict liability, in other words the onus of proof is on the person in possession of the bat to show, on a balance of probabilities, that they have it lawfully. An offence is not committed if the bat was not killed, taken, or sold to them or anyone else illegally.
- Intentionally or recklessly* damage, destroy or obstruct access to any place that a bat uses for shelter or protection (*reckless applies in England and Wales only). This is taken to mean all bat roosts whether bats are present or not. There is a defence that this is not illegal in a dwelling house, but the defence can only be relied on (other than in the living area of a dwelling house) if the Statutory Nature Conservation Organisation (SNCO), i.e. English Nature, the Countryside Council for Wales, or Scottish Natural Heritage was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how. Under the Habitats Regulations it is an offence to damage or destroy a breeding site or resting place of any bat. This is an absolute offence - in other words, intent or recklessness does not have to be proved.
- Intentionally or recklessly* disturb a bat while it is occupying a structure or place that it uses for shelter or protection (*reckless applies in England and Wales only). There is a defence that this is not illegal in a dwelling house, but the defence can only be relied on (other than in the living area of a dwelling house) if the Statutory Nature Conservation Organisation (SNCO), ie English Nature, the Countryside Council for Wales, or Scottish Natural Heritage was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how. Under the Habitats Regulations it is an offence to deliberately disturb a bat (this applies anywhere, not just at its roost).
- Sell, offer or expose for sale, or possess or transport for the purpose of sale, any live or dead bat, any part of a bat, or anything derived from a bat. It is also an offence to publish, or cause to be published, any advertisement likely to be understood as conveying that they buy or sell, or intend to buy or sell, any live or dead bat, part of a bat or anything derived from a bat. Sale includes hire, barter and exchange.
- Set and use articles capable of catching, injuring or killing a bat (for example a trap or poison), or knowingly cause or permit such an action. This includes sticky traps intended for animals other than bats.
- Make a false statement in order to obtain a licence for bat work.
- Possess articles capable of being used to commit an offence, or to attempt to commit an offence. These are punishable in a like manner as for the actual offence.
It is not illegal:
- To take a disabled bat for the sole purpose of tending it and releasing it when no longer disabled, as long as that person can show that it was not disabled unlawfully by them.
- To kill a bat, as long as that person can show that the bat was so seriously disabled, other than by their own unlawful act, that there was no reasonable chance of it recovering.
- If the otherwise illegal act was the incidental result of a lawful operation and could not reasonably have been avoided. However this defence can only be relied on (other than in the living area of a dwelling house) if the Statutory Nature Conservation Organisation (SNCO), i.e. English Nature, the Countryside Council for Wales, or Scottish Natural Heritage was notified about the proposed action and allowed reasonable time to advise as to whether it should be carried out, and if so, how.
Police and court powers
A police officer who suspects with reasonable cause that a person is committing or has committed an offence can stop and search them, search or examine any relevant thing in their possession, and seize it. They can also enter land other than a dwelling house without a warrant, or enter and search a dwelling house (with or without other persons) with a warrant. In England and Wales, the CRoW Act makes bat offences arrestable.
The potential fine for each offence is £5,000. If more than one bat is involved, the fine is £5,000 per bat. In England and Wales an offender can also be imprisoned for six months. On conviction the forfeiture of any bat or other thing by the court is mandatory, and items used to commit the offence (for example vehicles) may be forfeited.
Local Authorities
The WCA requires every Local Authority to bring the Act to the attention of the public and schoolchildren, and allows the Local Authority to take prosecutions in its area.
Information for those in the Building and allied trades, Surveyors and Timber Treatment firms
The Bat Conservation Trust urges the use of safer chemicals for remedial timber treatment. Permethrin and cypermethrin are least harmful to mammals - that includes people and pets, as well as bats. Contact English Nature for a list of safer products.
Building work and renovation can destroy colonies or their roosts. When working on buildings you may unwittingly risk conflict with the law, because evidence of bats is not always obvious. Consult the relevant Government agency for nature conservation if you intend work on a structure that you suspect is used by bats or if you find bats.
A free leaflet, Bats in Roofs - a Guide for Surveyors is available from English Nature.
More Information
(The following publications can be obtained from the Bat Conservation Trust enquiries@bats.org.uk )
- Bats and the Law
- How do you know if you are host to a bat colony
- Bats, Development and Planning in England
- Bats and Buildings in the UK
- National Bat Helpline
Lost and Stray Dogs
