Anisha Ali and Manisha Bhula, in our Residential Property team, explain the implications of having bats in your property.
A bat roost is defined as any place that a wild bat uses for shelter or protection – and it is illegal to damage, destroy or even disturb any bats or roost.
All 18 species of bats in the UK are protected under UK and European Law, bat roosts are protected whether bats are present in the roost or not. This means it would be a criminal offence to injure/kill a wild bat or destroy/disturb any roost – intentionally or recklessly.
Misconceptions about bats
- Bats are protected by law so it is not permissible to remove or rehome them, and advice should be taken if you need to carry out works that could affect the roost.
- Bats are not rodents and will not damage any wood, wires, or insulation.
- Bats eat insets so are an effective form of natural pest control.
- There are minimal health risks associated with bats living in your property and bats avoid humans and living areas, preferring to stick tucked away in their roosts.
Buying or selling a property with bats
A bat roost should not prevent the sale of a property. If a seller is aware of bats nesting in the property, they should make this clear to the buyer – but the buyer should not be worried because a roost should not present any problems.
Carrying out works on the property
As bats and their roosts are protected by law, this can sometimes be a cause for concern if repair works, pest control etc. need to be carried out on the property. It is likely that a bat survey would be required for planning permission. This would not prevent carrying out certain works but could bring additional conditions e.g., carrying out the work at a particular time of year, avoiding certain chemicals, retaining access points for the bats. A license will be needed from Statutory Nature Conservation Organisation, and you can get personalised advice from an SNCO or ecological consultant.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
