Bat class licence or individual licence: which route applies
The roost decides the licence route, not the programme. Small day roosts of common species can go through the class licence; maternity roosts and hibernacula cannot.
The choice between a bat low impact class licence and an individual European protected species mitigation licence is made by the roost, not by the developer. If the roost is a small day roost of common species and the works are modest, the class licence route is open and site registration takes days. If there is a maternity colony, a hibernation site, or a species of higher conservation concern, no amount of programme pressure will make the class licence apply and an individual licence has to be applied for.
Both routes are only available to a suitably licensed ecologist. That is a legal requirement under the habitats regulations rather than a professional preference, and an AI-assisted draft is a starting point for that ecologist, never a substitute for one.
What the licence actually disapplies
All bat species are European protected species. Under the Conservation of Habitats and Species Regulations 2017 it is an offence to deliberately capture, injure or kill a bat, to deliberately disturb a bat in a way that affects its ability to survive, breed or rear young, or to damage or destroy a breeding site or resting place. The roost is protected whether or not bats are present at the time.
A licence under regulation 55 removes the offence for specified work by specified people, subject to conditions. It does not remove the need for planning permission, and Natural England will expect the permission to be in place before a licence is issued, because the decision maker has to have considered the same tests.
That sequencing point catches out more schemes than the licensing rules themselves. A roof strip cannot be brought forward to avoid a delay.
What the low impact class licence covers
The bat low impact class licence exists for exactly the situation its name describes: works affecting small numbers of bats of common species in roosts of low conservation significance. Typical qualifying cases are day roosts, night roosts and feeding perches used by small numbers of pipistrelles, brown long-eared bats and a handful of other widespread species.
The exclusions are where the detail sits. Maternity roosts of the more sensitive species, hibernation sites, roosts of horseshoe bats, barbastelle and Bechstein's bat, and roosts holding more than the stated number of animals all fall outside it. So do works beyond the scope described in the licence conditions, which limits both the type of building operation and the mitigation that may be used.
The precise species list, roost types and numerical limits are set out in the current class licence conditions document published by Natural England. They are revised, and relying on a colleague's memory of the 2019 version is a good way to register a site that does not qualify.
Who may use it
Registration is the gate. The class licence may only be used by an ecologist Natural England has accepted onto its register for that licence, and registration is granted on evidence of relevant experience, including individual mitigation licences previously held and delivered.
A registered consultant then registers each site rather than applying for a new licence. The registration sets out the roost, the survey evidence, the proposed works and the mitigation, and it is assessed against the eligibility criteria rather than against the three tests that govern an individual licence.
The practical consequence for a client is that the choice of ecologist determines the available route. An ecologist who is competent to survey but not registered for the class licence will have to apply for an individual licence even where the roost plainly qualifies, and that difference can be several weeks.
The individual licence and its three tests
An individual mitigation licence is assessed against three tests, all of which have to be satisfied.
- The work must be for a purpose the regulations permit, which for development is normally that it is required for imperative reasons of overriding public interest, including those of a social or economic nature.
- There must be no satisfactory alternative achieving the same objective with less impact on the species.
- The action must not be detrimental to the maintenance of the population of the species at a favourable conservation status in its natural range.
The application rests on a method statement and a reasoned statement addressing each test with site evidence. Survey data has to be current, which in practice means results from within the last two survey seasons, and it has to be sufficient for the roost status claimed. A single dusk emergence survey will not support a conclusion that a barn holds only a day roost.
Mitigation and compensation must be described in enough detail to be built: the number and type of bat boxes or integrated features, their position and orientation, the timing of works, the supervision regime and the monitoring period after completion.
Timescales and what they do to a programme
The two routes differ most in time. Site registration under the class licence is a short administrative process handled between the registered consultant and Natural England. An individual licence is a full determination with a published service standard and a queue, and incomplete applications restart the clock.
Survey seasons dominate either way. A preliminary roost assessment can be done at any time of year, but emergence and re-entry surveys run from May to September, with May to August the productive window. A building assessed in October with moderate or high roost potential cannot be licensed until the following summer, whichever licence route applies. That is the single largest programme risk on a conversion, and it belongs in the acquisition appraisal rather than in the construction programme.
The preceding work matters too. A Preliminary Ecological Appraisal identifies whether a bat survey is needed at all, and where other species are present a wider Protected Species Survey may run in parallel on a different seasonal calendar. Where survey access to an adjoining building is refused, the approach to missing access has to be agreed with the authority rather than assumed.
Records, returns and keeping the registration
The class licence trades speed for reporting duty. Registered consultants must notify works, keep records in the form the licence requires and submit returns covering each registered site, including whether the mitigation was delivered as described and what was found during the works.
Natural England audits those returns, and a consultant who registers sites that do not qualify, or who fails to report, can be removed from the register. That is a career consequence rather than an administrative one, which is why experienced registered consultants decline borderline sites and recommend an individual licence instead.
For the individual licence route, licence conditions typically require a post-development report and, on larger schemes, monitoring over several years. Build both into the fee and the programme at the outset.
Choosing between the two
| Low impact class licence | Individual mitigation licence | |
|---|---|---|
| Roost types | Low conservation significance, common species, small numbers | Any, including maternity roosts and hibernacula |
| Who applies | Registered consultant only | Any suitably experienced ecologist |
| Assessment | Eligibility criteria in the licence conditions | Three tests with a reasoned statement |
| Determination | Short site registration | Full determination against a service standard |
| Reporting | Notification and returns, subject to audit | Post-development report and monitoring |
Work through it in one direction. Establish the roost status from adequate survey, check it against the current class licence conditions, then check whether your ecologist is registered. Only when all three align is the fast route open, and assuming it at tender stage is how conversion programmes slip a year.
Enter your postcode on PlanScope to see which ecology documents a site is likely to need before survey season closes.
PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. For specialist technical reports, qualified professional input may be required, and bat licensing work must be carried out by a suitably licensed ecologist.
Frequently asked questions
What is the bat low impact class licence?
It is a class licence issued by Natural England covering works affecting small numbers of bats in roosts of low conservation significance, such as day roosts of common pipistrelle or brown long-eared bat. Registered consultants register individual sites against eligibility criteria rather than applying for a full licence. Maternity roosts and hibernation sites are excluded.
Who can use a bat class licence?
Only an ecologist Natural England has accepted onto the register for that licence. Registration is granted on evidence of relevant experience, including individual mitigation licences previously held and delivered. If your ecologist is not registered, the individual licence route applies even where the roost would otherwise qualify, which usually adds several weeks.
What are the three tests for a European protected species licence?
The work must be for a purpose the habitats regulations permit, which for development is normally imperative reasons of overriding public interest. There must be no satisfactory alternative with less impact. And the action must not be detrimental to maintaining the species population at favourable conservation status in its natural range.
Do I need planning permission before applying for a bat licence?
In practice yes. Natural England expects the planning permission to be in place, because the decision maker should have considered the same tests when granting it. Applying for a licence in advance of permission does not save time, and works affecting a roost cannot be brought forward to avoid the wait.
When can bat emergence surveys be carried out?
A preliminary roost assessment can be done at any time of year. Emergence and re-entry surveys run from May to September, with May to August the most productive window. A building assessed in autumn with moderate or high roost potential cannot be licensed until the following summer, whichever licence route applies.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.