Badger Law Explained: the Protection of Badgers Act 1992

Badgers and their setts are strictly protected in the UK. Under the Protection of Badgers Act 1992, it is a criminal offence to kill, injure or take a badger, or to damage, destroy or obstruct a badger sett — and you must hold a Natural England licence before carrying out any work that interferes with a sett. If you have found a sett on your land or development site, you cannot lawfully disturb, block or remove it without that licence.

What the Protection of Badgers Act 1992 actually says

The Act protects both the animal and its home. Badger law in the UK makes it an offence to:

• Kill, injure or take a badger (or attempt to)
• Cruelly ill-treat a badger, or use badger tongs, dig for or bait badgers
• Damage, destroy or obstruct a badger sett
• Disturb a badger while it is occupying a sett
• Cause a dog to enter a sett

A “sett” is defined in law as any structure or place that shows signs of current use by a badger. That is a deliberately broad definition: a single disused-looking entrance can still form part of a protected sett if the wider system is active. This is why professional assessment matters before any clearance, demolition or groundworks begin.

Penalties for breaking badger law

The penalties are significant. Offences under the Act can result in an unlimited fine and up to six months’ imprisonment. For developers, the reputational and programme cost of an enforcement action — including stop notices and delayed projects — often dwarfs the fine itself. Acting lawfully from the outset is almost always the cheaper route.

What counts as disturbing a badger sett?

Disturbance is not limited to digging out a sett. Vibration, noise, heavy machinery, lighting and even certain landscaping or fencing works near sett entrances can amount to an offence if they affect badgers using the sett. Because the threshold can be reached without any direct physical damage, the safest approach on any site with badger activity is a survey first, then a clear method statement that keeps you on the right side of the law.

A professional badger survey confirms the status and activity of any sett using field signs, bait-marking and camera monitoring. Surveys identify whether a sett is a main, annexe, subsidiary or outlier sett, and whether it is in current use — the evidence Natural England expects before considering a licence.

When can a sett be closed — and when can’t it?

Closing or excluding badgers from a sett is permitted only under a Natural England licence and only outside the breeding closed season. In practice this means:

• Closures are usually permitted from around 1 July to 30 November.
• No closure work during the closed season, roughly 1 December to 30 June, to protect cubs.

These seasonal windows are a frequent cause of delay on construction projects, so they should be factored into your programme as early as possible. Crown & Burrow is Natural England-licensed and can manage the full process — survey, licence application and licensed sett closures — so the timing is handled correctly.

Humane, licensed methods

Where a sett genuinely must be closed to enable development, the work is done humanely and to the methods specified on the licence. These typically include:

• One-way gates and stainless-steel mesh installed over a minimum 21-day exclusion period, allowing badgers to leave but not return
• Artificial or alternative setts created nearby so animals are not left without shelter
• Exclusion fencing to keep badgers clear of the works once the sett is confirmed empty

A robust badger mitigation plan ties these measures together and forms the backbone of a successful licence application.

What does badger work cost?

There is no single price for badger work because every site is different. The factors that drive cost include:

• The size and complexity of the site
• The type and number of setts present (a main sett is more involved than an outlier)
• The survey phase required — initial walkover versus full activity monitoring
• Seasonal constraints, which can affect timing and programme
• The licence requirements for the specific scheme

We quote per project once we understand your site and objectives, so you receive a realistic figure rather than a generic estimate.

How Crown & Burrow can help

Based in Guildford, Surrey, Crown & Burrow is a Natural England-licensed badger ecology firm. We help homeowners and developers stay fully compliant with badger law — from confirming whether a sett is active, through licence applications, to humane, licensed exclusion that keeps your project moving and the animals safe.

If you have found a sett, or you need to know how badgers affect your development, book a badger survey — call 01483 387478 or email badgers@crownandburrow.co.uk and we’ll get you on the right side of the law.