Do I Need a Badger Licence? (Developers & Landowners)

Short answer: if your works could kill or injure a badger, or damage, destroy, obstruct or disturb a sett, you need a licence from Natural England before any work starts. Badgers and their setts are strictly protected, and “I didn’t know it was there” is not a defence — so the safest first step is a professional survey to confirm whether a sett is present and active.

Why badgers are protected

Badgers and their setts are protected under the Protection of Badgers Act 1992. Under the Act it is a criminal offence to:

• kill, injure or take a badger;
• damage, destroy or obstruct access to a sett;
• disturb a badger while it is occupying a sett.

These offences apply whether the harm is deliberate or simply a foreseeable result of works such as digging, demolition, fencing, vegetation clearance or heavy plant movement. Penalties can include an unlimited fine and up to six months’ imprisonment, and works can be stopped while the matter is investigated.

Because the protection covers the sett itself — not just the animal — even an apparently quiet or seasonally unused sett is protected. That is why interfering with a sett in any way requires a Natural England licence.

When do you actually need a badger licence?

You need a Natural England badger licence whenever lawful development or land management cannot avoid affecting a sett or the badgers using it. Common triggers include:

Development near a sett

If construction, groundworks or access routes fall within the zone of influence of a sett, you will normally need a licence to carry out mitigation — for example excluding badgers and closing the sett under controlled conditions. This is one of the most common reasons developers and landowners seek a Natural England badger licence.

Sett closure or exclusion

Permanently or temporarily closing a sett — using one-way gates and mesh to exclude the animals — always requires a licence. So does creating an artificial or alternative sett to rehome a displaced group.

Obstruction during routine works

Even temporary obstruction, such as stacking materials over a sett entrance or compacting ground above tunnels, can constitute an offence and may require a licence or, at minimum, a mitigation strategy agreed in advance.

If in doubt, assume a licence may be needed and get the site assessed. A badger survey is the only reliable way to establish sett status before you commit to a programme.

How surveys establish whether a licence is required

A licence application must be supported by robust evidence. Surveys confirm the presence, status and activity level of any sett using methods such as:

• Field-sign survey — locating sett entrances, spoil heaps, latrines, paths, hair and footprints.
• Bait-marking — establishing which social group uses a sett and the extent of its territory.
• Camera monitoring — confirming occupancy and activity over time, including in the run-up to works.

This evidence underpins a badger impact assessment and any mitigation plan submitted to Natural England. As a Natural England-licensed badger ecology firm, Crown & Burrow carries out these surveys and prepares the supporting documentation so your application stands the best chance of approval.

Seasonal timing matters

Licensed sett-closure and exclusion work is restricted to outside the breeding closed season. In practice:

• Closures are permitted from approximately 1 July to 30 November.
• The closed season runs from approximately 1 December to 30 June, when cubs may be present and dependent.

This single constraint catches many projects out. If your programme assumes works can happen in spring, you may face a delay of months. Building survey and licensing timescales into your project plan early is essential — and is exactly the kind of risk a licensed sett closure specialist will flag at the outset.

Humane mitigation methods

Where exclusion is licensed, the work must be carried out humanely and to strict standards. Typical methods include:

• One-way gates and stainless-steel mesh fitted over sett entrances, maintained for a minimum 21-day exclusion period so badgers can leave but not return.
• Artificial or alternative setts built nearby to give the social group somewhere to relocate.
• Exclusion fencing to keep badgers out of the working area once the sett is confirmed clear.

These measures protect the animals, satisfy the licence conditions and keep your project on the right side of the law.

What affects the cost of badger licensing work?

Every site is different, so we quote per project rather than from a price list. The main factors that influence cost are:

• the size and complexity of the site;
• the type and number of setts present (a main sett involves more work than an outlier);
• the survey phase required, including any bait-marking or extended camera monitoring;
• seasonal constraints that affect timing and mobilisation;
• the licence requirements and the scope of mitigation needed.

We will assess your site and provide a clear, project-specific quotation.

Getting it right

Badger licensing is not a box-ticking exercise — getting it wrong can stop a project and carry serious legal penalties. As a Natural England-licensed firm based in Guildford, Surrey, Crown & Burrow handles surveys, impact assessments, mitigation plans and licensed sett closures from start to finish, so you stay compliant and on schedule.

Planning works near a sett? Book a badger survey or call us on 01483 387478 to find out exactly what your site needs.