Wildlife law and trail cameras: what UK owners need to know
Filming wildlife with a trail camera is usually perfectly legal, but disturbing certain protected animals at nests, setts, roosts and holts is a crime. Here's when a licence is needed and how to avoid needing one. General information, not legal advice.
- Time
- 15 minutes to read
- Difficulty
- Easy
- Steps
- 7
- Checked
What you’ll need
- Trail camera
- A note of which species you're likely to film
Safety first
- "Reckless" disturbance counts: not meaning to disturb an animal is not always a defence.
- Don't share the precise location of a nest, sett or roost online; it can attract people who harm wildlife.
- This is general information, not legal advice. Laws differ slightly across England, Wales, Scotland and Northern Ireland.
Step by step
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Step 1: The basic rule: no disturbance, no licence
Natural England's guidance says you don't need a licence to survey, film or photograph protected birds or animals if you don't disturb them. It specifically mentions using trail, remote or infra-red cameras, as long as they are put in place when the animals are away from their nests or resting places. You need a licence if you can't avoid disturbance or your activity changes their normal behaviour.
Next: step 2 -
Step 2: Nesting birds and Schedule 1 species
All wild birds, their eggs and nests in use are protected. Some species are listed on Schedule 1 of the Wildlife and Countryside Act 1981, and it is an offence to intentionally or recklessly disturb them while they are building a nest, are in, on or near a nest with eggs or young, or to disturb their dependent young. Natural England issues only a limited number of photography licences for nesting Schedule 1 birds each year. The RSPB notes, for example, that it is illegal for anyone unlicensed to disturb or photograph barn owls at the nest while they're breeding.
Next: step 3 -
Step 3: Badgers and their setts
The Protection of Badgers Act 1992 makes it an offence to damage, destroy or obstruct a sett, to send a dog into one, or to disturb a badger while it is occupying a sett, including by being reckless. Natural England lists interfering with an occupied sett as something that needs a licence. Set cameras in daylight, away from entrances, and don't trample over the sett.
Next: step 4
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Step 4: Bats, dormice, great crested newts and otters
These are European protected species under the Conservation of Habitats and Species Regulations 2017, alongside others such as wildcat, sand lizard, smooth snake and natterjack toad. It is an offence to deliberately disturb them, and to damage or destroy a breeding site or resting place. Natural England says using torches, lures or traps near a known bat roost needs a licence, so don't add lights or lures at a roost to get footage. Other animals on Schedule 5 of the 1981 Act are protected from disturbance while in a place they use for shelter.
Next: step 5 -
Step 5: Things that always need a licence
Natural England's examples include: interfering with an occupied badger sett, otter holt or water vole burrow; catching a protected animal; changing or blocking an animal's shelter; using torches, acoustic lures, mist nets or traps near a known bat roost; playing recorded calls repeatedly to lure animals to a filming site; and flying drones over them. If your plan involves any of these, apply first or change the plan.
Next: step 6 -
Step 6: Scotland and Northern Ireland
In Scotland, NatureScot licenses wildlife photography. It says most photography won't need a licence, but you will need one where the work would otherwise be an offence, such as disturbing a nesting Schedule 1 bird or an otter at its holt. In May 2026 NatureScot warned that putting a trail camera in some places near otters and badgers can be illegal. In Northern Ireland, the NIEA licenses photography of wild birds and certain protected animals including badgers (no fee); fines can reach £5,000 or prison.
Next: step 7 -
Step 7: If you're not sure, ask
Contact Natural England (wildlife@naturalengland.org.uk), NatureScot's licensing team or the NIEA Wildlife Inspectorate (028 9056 9557) before you set up. For badgers, your local badger group or Badger Trust can advise. Keep a note of what you did and when; it shows you took care.
Tips
- Filming feeding areas and commuting paths, rather than nests, setts and roosts, avoids almost all licensing questions.
- Fit nest box cameras before the breeding season, as the RSPB advises.
- If you spot a protected species unexpectedly, such as a bat roost, simply leave the camera where it is or remove it in daytime when the animals are away.
When to get expert help
A licensed ecologist or consultant (for example a licensed bat or badger worker) if your project involves a roost, sett, holt or Schedule 1 nest; a solicitor if you face an allegation.
Who protects what (quick reference)
| Wildlife | Main law (England & Wales) | Key offence |
|---|---|---|
| Schedule 1 birds | Wildlife and Countryside Act 1981, s1 | Disturbing them at or near an active nest, or their dependent young |
| Badgers | Protection of Badgers Act 1992, s3 | Disturbing a badger occupying a sett; damaging or blocking a sett |
| Bats, dormice, great crested newts, otters | Habitats Regulations 2017, reg 43 | Deliberate disturbance; damaging breeding sites or resting places |
| Schedule 5 animals | Wildlife and Countryside Act 1981, s9 | Disturbing them in a place used for shelter |
Questions people ask
Do I need a licence to put a trail camera in my garden?
Usually not. Natural England says filming wildlife doesn't need a licence if you don't disturb it, and trail cameras are fine when set while animals are away from nests and resting places.
Can I film a bird's nest?
For most species, from a distance without disturbance, yes. For Schedule 1 birds, disturbing them at or near an active nest is an offence without a licence.
Are hedgehogs protected?
Hedgehogs aren't among the species Natural England lists as needing a licence to film or survey, so normal garden filming is fine.
Who do I report wildlife crime to?
The police (999 if a crime is happening, otherwise 101). Badger Trust also takes reports about badger crime.
Sources
Checked 18 October 2026. We wrote this guide in our own words, using:
- GOV.UK – Protected species: when to apply for a licence to survey, film or photograph them (gov.uk)
- Wildlife and Countryside Act 1981, section 1 (legislation.gov.uk)
- Wildlife and Countryside Act 1981, section 9 (legislation.gov.uk)
- Protection of Badgers Act 1992, section 3 (legislation.gov.uk)
- Conservation of Habitats and Species Regulations 2017, regulation 43 (legislation.gov.uk)
- Conservation of Habitats and Species Regulations 2017, Schedule 2 (legislation.gov.uk)
- RSPB – Our ultimate guide to nestboxes (rspb.org.uk)
- NatureScot – Wildlife photography in Scotland (nature.scot)
- Edinburgh Reporter – Warning about unlicensed otter cams (May 2026) (theedinburghreporter.co.uk)
- GOV.UK – Licence to photograph wildlife (Northern Ireland) (gov.uk)
- Badger Trust – Living with badgers (badgertrust.org.uk)
- Badger Trust – Report a crime (badgertrust.org.uk)
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Printed from wildlifetrailcameras.co.uk/guides/wildlife-law-and-trail-cameras/ · Checked 18 October 2026 · Research reviews, not hands-on tests: specifications come from manufacturers and findings from the independent reviewers we link to. Check the law before filming beyond your own property.