Bird nesting season and tree work: what’s allowed and when

Published 25 October 2026

Spring is when most people notice their trees and hedges have got out of hand, and it’s also when birds are busiest building nests. So a common question we’re asked around Stockport and Cheshire is whether tree work is “banned” between spring and late summer. The short answer is no, but the law around nests is strict, and the timing of your job matters.

When is bird nesting season?

There’s no single legal date. The RSPB says March to September is the main nesting season, but some birds start in January or February and others are still breeding into late September, so it’s worth checking for nests at any time of year.

Councils use similar dates for their own work. Stockport Council says that if its tree works are needed between March and August, trees are examined for evidence of nesting first. Cheshire East Council advises avoiding hedge cutting from 1 March to 31 August.

Is it illegal to cut trees or hedges in nesting season?

Not in a garden. What’s illegal, all year round, is harming nests and birds. Under the Wildlife and Countryside Act 1981, GOV.UK says it’s an offence to intentionally:

• kill, injure or take a wild bird
• take, damage or destroy a wild bird’s nest while it’s being used or built
• take or destroy a wild bird’s egg

The penalty is an unlimited fine and up to 6 months in prison for each offence. The RSPB puts it simply: you can legally cut year-round, as long as no active nests are moved or damaged.

Some rarer birds listed on Schedule 1 of the Act, such as barn owls, have extra protection. It’s also an offence to disturb them while they’re nesting or near a nest with young, even by not taking enough care.

What about the hedge cutting ban?

You may have heard that hedges can’t be cut between 1 March and 31 August. That rule comes from the Management of Hedgerows (England) Regulations 2024, and it’s aimed at farmland hedgerows, enforced by the Rural Payments Agency. Defra has said hedgerows that mark the boundary of a dwelling house are exempt. So a garden hedge in Bramhall or Wilmslow isn’t covered by the ban, but the nest law above still applies to it in full.

Don’t forget bats

Bats are the other big reason to check a tree before work. All UK bat species are protected, and GOV.UK guidance says a roost is protected even when the bats aren’t there, because they return to the same places year after year. Felling a tree with a confirmed roost, or doing surgery on it, is listed as a likely offence.

The Arboricultural Association says bats use cracks, splits and loose bark, woodpecker holes and rot holes, and hollow trunks. Older trees with these features need more care. If bats or a roost are suspected before or during a job, its advice is to stop and get advice from Natural England or a qualified ecologist. That doesn’t always mean the work can’t go ahead, but the right steps have to be followed first.

Does a TPO or council consent change any of this?

No. If your tree has a Tree Preservation Order or is in a conservation area, you still need the council’s consent first (see our guide on whether you need permission to cut down a tree in Stockport and our protected trees page). But consent from the council doesn’t give you permission to damage a nest or a bat roost. Both sets of rules apply at once.

What can be done during nesting season?

Plenty, with care. Work on a tree or hedge with no active nests can go ahead. The usual approach is:

• look and listen for a few days before cutting, watching for birds going in and out of the same spot
• check the tree or hedge carefully for nests being built or in use
• if there’s an active nest, leave that section alone until the young have fledged and the nest is no longer in use, or move the job to later in the year
• for hedges, the RSPB recommends hand tools rather than powered trimmers if work has to be done in the season

Some jobs suit a nesting-season visit better than others. Light trimming and crown lifting are easier to work around a nest than full tree removal, where the whole tree has to be clear.

When’s the best time to book?

If your job can wait, the RSPB recommends cutting hedges and trees between 1 September and 28 February. Autumn and winter suit most tree work: crown reductions, larger removals and big hedge reductions are easier to plan with no nests to work around. If you’ve got a hedge that’s grown too tall, our guide to leylandii hedges that are too tall covers how to reduce it without leaving bare patches.

How our teams help

Between March and August, our teams check trees and hedges for nesting birds before cutting, as we explain on our hedge trimming page. If we find an active nest, we’ll talk you through your options rather than carry on. Planning ahead for the autumn or winter? Get a free quote and we’ll book it in.