Verifying a protected species mitigation licence
Ask for the licence reference, the named ecologist, the species and methods, the site boundary and the expiry date. If any of the five is missing, do not start.
Checking a bat mitigation licence takes ten minutes and it protects a build programme worth months. Ask for the licence reference, the name of the licensed ecologist on it, the species and methods covered, the site boundary it applies to and the expiry date. If any of those five cannot be produced, work should not start on the affected part of the building.
A licence is not a formality attached to the ecology report. It is the legal authority to do something that would otherwise be a criminal offence, and the developer can be liable alongside the contractor.
Why the licence matters to your programme
Disturbing a bat roost, or damaging or destroying one, is an offence under the Conservation of Habitats and Species Regulations 2017 whether or not the animals are present at the time. The same regime covers great crested newts, dormice and otters, with badgers protected separately under the Protection of Badgers Act 1992 and other species under the Wildlife and Countryside Act 1981.
The practical consequences of getting this wrong are immediate. Work stops, the local authority and the police wildlife crime officer become involved, and a prosecution can follow against the company and against individuals. Insurance rarely helps.
The programme consequence is larger than the legal one in most cases. A roof strip halted in July because no licence was in place cannot simply resume in August. It waits for the ecologist, for an amended method statement, and sometimes for a fresh survey season. Our note on bats in your loft and what a conversion legally requires sets out how the survey and licence stages fit together.
Individual licences against class licences
Two routes exist and they behave differently.
An individual mitigation licence is applied for by a named ecologist for a specific site and set of works. It requires planning permission to be in place first in most development cases, and the application is assessed against three tests: that the work falls within a licensable purpose, that there is no satisfactory alternative, and that the action will not be detrimental to maintaining the favourable conservation status of the species. Determination takes weeks, not days.
A class licence is a standing licence that a registered consultant may use for defined low-impact situations without a site-specific application. Registration is held by the individual ecologist, who has to demonstrate experience and is subject to audit. District level licensing schemes operate on a similar principle for great crested newts in participating areas, with the developer paying into a strategic compensation scheme rather than carrying out site-specific mitigation.
| Individual licence | Class licence | |
|---|---|---|
| Applied for per site | Yes | No, used by a registered consultant |
| Planning permission first | Usually required | Usually still expected |
| Lead time | Weeks | Days, subject to the ecologist's availability |
| Scope | Defined by the application | Limited to the situations the class licence covers |
| What to verify | Licence reference and named ecologist | Registration number and current status |
Do not assume a class licence covers your situation because your ecologist mentions one. The class licences are written for low-impact cases, and a roost of significance takes you outside them.
What the licence names and covers
Read the licence itself rather than the ecologist's summary of it. Five elements matter.
The licensed person, who is named. The site, defined by address and usually by a plan. The species and the activities authorised, which may be narrower than the works you intend. The method statement or work schedule it incorporates, which is binding. And the dates, both the start and the expiry.
Check the site boundary in particular. A licence covering the barn does not cover the adjoining stable block, and a licence covering demolition does not cover the tree works.
The conditions attached usually include supervision requirements, timing restrictions, the compensation to be provided such as bat boxes or access tiles, and a reporting obligation after the works. Those are not suggestions.
Asking the ecologist for the reference
Put the request in the appointment letter so it is not awkward later. Ask for the licence number, a copy of the licence and the incorporated method statement, confirmation of the named licensed person who will attend site, and the expiry date, and ask for those before the works start rather than on the day.
For class licence work, ask for the consultant's registration number and check it is current. Registration can be suspended, and a lapsed registration means the licence does not cover the work.
Where the ecologist says no licence is needed, ask them to say so in writing with the reasoning, because the absence of a licence is a position you may have to defend. A protected species survey concluding likely absence should say what evidence supports that conclusion and what would change it.
Registered consultant status under a class licence
The registration belongs to the individual, not to the firm. A large consultancy may have two registered people and fifteen ecologists, and only those two can use the class licence.
That matters for site attendance. A method statement requiring supervision by the licensed ecologist is not satisfied by a graduate ecologist attending instead, and contractors regularly discover this on the morning of a roof strip.
Agree in advance who will attend, and agree a named deputy. Then check that the deputy is also registered.
What happens when the licence expires mid-build
Licences carry an end date and work after it is unlawful. Delays on site are the usual cause, and the fix is an application to amend or extend, which takes time and is not guaranteed.
Three practical steps. Diarise the expiry date alongside the contract programme rather than in the ecology file. Flag any slippage to the ecologist as soon as it appears, not when the date arrives. And where the works are phased, ask whether the licence can be structured to cover the whole programme rather than a short window.
Seasonal restrictions compound the problem. Bat licences typically restrict works to periods outside hibernation and outside the maternity season, and licences affecting badger setts are not normally granted for sett closure between 1 December and 30 June. A licence that expires in November may not be reissued until the following summer.
Keeping licence evidence on the project file
Keep the pack together and hand it to the purchaser or the building owner at the end. It should contain the survey reports, the licence and method statement, the registration evidence for class licence work, the ecological supervision records, photographs of the installed compensation features, and the post-works report submitted to the licensing body.
Two later events make that pack valuable. A planning condition requiring evidence of the compensation features being installed, and a purchaser's solicitor asking what happened to the bats. Reconstructing either after the scaffold has gone is difficult.
Where a survey is ageing between grant of permission and start on site, the question of whether it still supports the licence is a live one, covered in checking whether a survey is still valid.
Survey and mitigation for European protected species require a suitably licensed ecologist under the Habitats Regulations 2017, and no AI-assisted draft substitutes for that licence or for the ecologist's judgement. Where you need someone to review an ecology chapter before submission, the route is the professional directory, and the bat survey page sets out what the survey itself involves.
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.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it.
Frequently asked questions
What is the difference between an individual and a class licence?
An individual mitigation licence is applied for by a named ecologist for a specific site and set of works, assessed against the purpose, alternatives and conservation status tests, and takes weeks. A class licence is a standing licence that a registered consultant may use for defined low-impact situations without a site-specific application, subject to their registration being current.
What should I ask the ecologist for before works start?
The licence number, a copy of the licence and the incorporated method statement, the name of the licensed person who will attend site, and the expiry date. For class licence work, ask for the consultant's registration number and confirm it is current, because registration belongs to the individual rather than the firm and can be suspended.
Does the licence cover my whole site?
Only what it names. A licence defined by address and plan covers that area, and a licence for demolition of one building does not extend to an adjoining structure or to tree works. Check the boundary and the list of authorised activities against the full scope of your programme before the contractor mobilises.
Can a different ecologist supervise the works?
Not where the method statement requires supervision by the licensed person. Registration and licences attach to individuals, so a colleague attending instead does not satisfy the condition even if they work for the same consultancy. Agree who will attend, name a deputy, and check the deputy holds the same status.
What if the licence expires before the works finish?
Work carried out after expiry is unlawful. An application to amend or extend is possible but takes time and is not guaranteed, and seasonal restrictions can push the reissue into the following year. Diarise the expiry alongside the construction programme and raise any slippage with the ecologist as soon as it appears.
What records should I keep at the end?
The survey reports, the licence and method statement, registration evidence for class licence work, ecological supervision records, photographs of installed compensation features such as bat boxes or access tiles, and the post-works report submitted to the licensing body. A purchaser's solicitor or a planning condition will ask for this pack later.
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.