Every spring in Kent, the same questions pop up: “Is it illegal to cut trees or hedges between March and August?” or “Can I get tree work done during nesting season?” The answers aren’t always clear, and the media doesn’t help with its dramatic headlines.
So let’s set the record straight. If you’re a landowner, homeowner, or contractor in Kent, here’s what the law actually says — and how we work responsibly during the nesting season.
What the Law Says
All wild birds, their nests, and their eggs are protected under the Wildlife and Countryside Act 1981. That means it’s an offence to:
Intentionally take, damage, or destroy the nest of any wild bird while it’s in use or being built.
This applies across the board — whether you’re in rural farmland near Canterbury, woodland in Sevenoaks, or a garden in Maidstone. If a nest is active, it must not be disturbed.
What About ‘Disturbing’ Birds?
The law goes a step further for Schedule 1 bird species, which include barn owls, woodlarks, and kingfishers — all found in Kent. For these birds, it’s also an offence to:
Intentionally or recklessly disturb the bird while it is building a nest or is in, on, or near a nest containing eggs or young; or disturb dependent young of such a bird.
So:
- For all wild birds, damaging or destroying active nests is illegal.
- For Schedule 1 species, even disturbance near the nest is an offence.
Clickbait Headlines Fuel Confusion
Every spring, headlines appear claiming things like “It’s illegal to cut a hedge between March and August”. These articles are often misleading, with the actual legal details buried halfway down the page.
The result? People in Kent see or hear tree work happening in May and assume something illegal is going on. We’ve had clients receive complaints or get confronted by neighbours who’ve read a headline but not the law.
The truth is: tree and hedge work can be carried out legally during nesting season, as long as it’s done responsibly.
How We Work Responsibly Across Kent
We regularly carry out tree surgery, hedge reductions, and scrub clearance across Kent including Ashford, Tunbridge Wells, Faversham, and the surrounding countryside, during nesting season. Here’s how we do it right:
- Nesting surveys: We inspect all trees, hedges, and scrub before starting work.
- Adjust plans: If we find an active nest, that section is left undisturbed until it’s safe to return.
- Avoid disturbance: Especially in sensitive habitats or near known nesting species.
- Local knowledge: Our team knows the Kent landscape and its wildlife well, which helps us plan responsibly around the breeding season.
In some cases, like larger clearance projects or sites near nature reserves, we may recommend booking work outside the nesting window (March to August) — but this depends entirely on the site and species present. There is a big difference between inspecting individual trees and large overgrown areas of scrub, where even with the best will in the world, it is easy to miss things.
Final Word
If you’re in Kent and planning tree or hedge work during nesting season, the key is to check for active nests and avoid disturbing them. There’s no blanket ban on cutting, but there is a legal and moral responsibility to do things properly. This moral duty also extends to ensuring you use a reputable company to carry out any tree work, specially where you think wildlife may be present.
We’re here to help. If you’re unsure whether your project can go ahead, we can carry out a nesting check or advise on timing, whether it’s a single tree in Tonbridge or a woodland margin in the Weald. Contact us today for a free site visit and assessment.
