A protected species, not a pest that can be removed
Badgers can undermine lawns, dig under outbuildings and damage fences, and it is natural to look for someone to remove them. The law treats badgers and their setts (the tunnels and chambers where they live) as protected. This article covers Great Britain: section 3 of the Protection of Badgers Act 1992 is shown on legislation.gov.uk as extending to England, Wales and Scotland. The GOV.UK guidance summarised here is written for England, and the NatureScot guidance for Scotland. Northern Ireland is outside the scope of this article. It is general information, not legal advice.
What the Act prohibits
Section 3 of the 1992 Act makes it an offence to damage or destroy a badger sett, to obstruct access to a sett or any entrance to it, to cause a dog to enter a sett, or to disturb a badger occupying a sett. The offence is committed where the person intends to do any of these things or is reckless as to whether their actions would have those consequences. Knowingly causing or permitting such acts is also covered.
GOV.UK guidance for England adds that people can be sent to prison for up to six months and receive an unlimited fine if found guilty of offences such as intentionally capturing, killing or injuring a badger, or damaging, destroying or blocking access to a sett. It lists activities that can affect badgers, including noise, additional lighting or vibration, pile driving, quarry blasting, lighting fires, using chemicals, excavation, ploughing and harvesting, tree felling and construction or repair of flood defences.
What to try first when badgers cause damage
GOV.UK says that people who think badgers are damaging their property or land may be able to solve the problem without a licence. Its examples are fences, including electric fences, to stop badgers entering the land, provided this does not block access to the sett, and two-way gates in fences so that badgers do not damage them.
NatureScot takes the same approach. It describes badgers as generally shy and secretive animals which usually coexist peacefully with people, says damage to gardens, crops or property is rare, and states that in most cases the problem can be resolved by ensuring badgers cannot access the affected area. The essential point in both sets of guidance is that exclusion must not block access to a sett, because obstructing access is itself an offence under section 3.
When a licence may be possible
Section 10 of the Act allows licences to be granted for several purposes. One is preventing serious damage to land, crops, poultry or any other form of property. The Act names different licensing authorities for England, Wales and Scotland, so the correct body depends on where the property is.
In England, GOV.UK says a licence to interfere with a sett may be available if damage caused by the sett is, or is likely to become, serious, with subsidence and damage to roads or paths given as examples. Natural England receives applications for licences to interfere with badger setts for agricultural, forestry and drainage activities and for preventing damage to land, crops, poultry or other property, using form A01. Licence holders must report any action taken under the licence using form LR01 no later than two weeks after the licence expires, even where no action was taken.
GOV.UK also says that applicants need to show they have tried everything else possible to avoid affecting badgers.
Scotland
NatureScot can issue licences to prevent serious damage by badgers to land, crops, poultry or other property. Its guidance says a licence may be possible if exclusion is not feasible and serious damage might occur. An application should include the applicant’s name, address and telephone number, the address where the damage is occurring, details of the serious damage experienced and details of the measures taken to prevent damage. NatureScot also describes a Badger Ecologist licence, available to experienced badger ecologists, for works with low conservation impacts, including in some cases preventing serious damage.
What this means when comparing pest control quotes
A quote that promises to remove badgers or block a sett without mentioning a licence does not match the position in these sources, under which intentionally capturing, killing or injuring a badger and blocking access to a sett are offences unless done under a licence. Property owners can ask any contractor whether a licence is required, who holds it and what exclusion methods are proposed, and can seek advice from Natural England or NatureScot, depending on the location, before agreeing to work near a sett.
The activities that GOV.UK lists as capable of affecting badgers, such as excavation, pile driving and the use of chemicals, are also relevant to building work near a sett, so a garden project may need the same checks as a pest-control job.
The bottom line
Badgers and their setts are protected in England, Wales and Scotland. Blocking, damaging or disturbing a sett without a licence can be an offence, and the official advice is to try exclusion methods such as fencing and two-way gates first. Where serious damage remains, a licence to prevent damage may be available from the relevant licensing body, but applicants must show that other measures have been tried.
Sources
- legislation.gov.uk, “Protection of Badgers Act 1992, section 3 (Interfering with badger setts)”
- legislation.gov.uk, “Protection of Badgers Act 1992, section 10 (Licences)”
- Natural England, GOV.UK, “Badgers: protection and licences”
- Natural England, GOV.UK, “Badgers: licence to interfere with setts and to prevent damage (A01 and LR01)”
- NatureScot, “Badgers: licences to prevent serious damage”