It is an offence under the Wildlife and Countryside Act of 1981 to intentionally take, damage or destroy the nest of any wild bird while it is in use or being built, or to intentionally kill, injure or take chicks or adults, or intentionally take or destroy any eggs.
So how does this law relate to cutting hedges? It is illegal to disturb a nest at any time of year either intentionally or recklessly. However, we are far more likely to come across nests during the nesting season, which is between the beginning of March and the end of August in the UK. Due to milder winters, this can start even earlier.
Of course, the operative word in the act is ‘intentionally’ and sadly, some unscrupulous contractors will claim ignorance. That’s why, as the customer, you should inform yourself and make sure the contractor you employ is professional and responsible. You should feel confident that they will behave both legally and ethically. Frankly, if they don’t have the integrity to preserve the nests, where else will they be cutting corners on your project or maintenance?
When we undertake any clearance work in the nesting season we will always assume that birds are nesting in trees and hedges, so we will perform a full survey of the area to confirm otherwise. Unless we are 100% certain there are no nests, we will not carry out the work.
So, how to avoid disturbing nests while also keeping your garden well maintained?
It’s all a matter of timing and planning ahead.
Winter, when everything is dormant, is the best time to take out any trees or hedges. The same for big cutbacks and heavy pruning which are best done around January. This can be tied in with many other winter jobs in the garden like border clearing and pruning of some roses, fruit bushes and wisteria.
Keeping hedges neat during the growing season can feel trickier but it doesn't need to be with regular maintenance. Privets can grow rapidly but very light trimming weekly or two-weekly can make sure you stay on top of any unruly bits.
It is important to keep to little but regular trims as even relatively light cuts that don’t directly damage the nest can still devastate it by leaving it exposed to both the elements and predators - fledglings need a decent level of cover to learn to fly without the threat of wily cats!
There’s more useful information here on the RSPB website, including what to do if you think someone may be endangering nesting birds.
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