10 Jun Beavers in the UK: implications of legal protection
This article provides a summary of recent changes in legislation concerning Eurasian beaver, and the planning process implications that arise.
Legal Protection
In October 2022, The Beavers (England) Order added beaver to Schedule 2 of the Conservation of Habitats and Species Regulations 2017 (as amended). Beaver has been afforded equivalent level of protection in Scotland since 2019 and, as of 4 March 2026, equivalent legislation came into force in Wales. The addition of Wales ensures that the species is equally protected in Scotland, England and Wales. It is an offence under this legislation to deliberately capture, injure, kill or disturb beavers, or damage and destroy their breeding sites or resting places. Releases of individuals into the wild remain prohibited without securing the relevant licence from the country-based nature conservation agency.
Current Range
These legal changes reflect the fact that this formerly extinct species has been subject to reintroduction for over a decade by organisations including the National Trust, Wildlife Trusts, the RSPB and private land owners. The species is now present in a range of catchments in the East Midlands and south-west of England, Kent, Scotland and mid-Wales.
It is considered likely that beavers are expanding their range in all countries in Great Britain. Juveniles are known to undertake long dispersal movements, meaning the species could be present away from known reintroduction populations. Current distribution maps are available on the Beaver Management website and these are regularly updated by the Beaver Management groups.
Implications for Development and Planning
Developers and their consultants need to give due consideration to the potential presence of beaver and the risk of the species being affected by proposed development given the legal protection afforded to beaver and its habitats. In practical terms, where suitable beaver habitat is present on or near a proposed development site then beaver is likely to be scoped in for field survey work to inform the ecological baseline and whether any mitigation and/or a licence is necessary to allow the development to proceed whilst safeguarding beaver and their habitat.
Natural England has issued guidance in their Standing Advice pages relating to beaver and there is now a mechanism to obtain licences for activities that would otherwise result in an offence. Similar information has been published by Nature Scot. Depending on the circumstances, it is important to be aware that licensed activities might need to be restricted to the period between 1 September and 28 February to avoid the breeding season.
Over the last few years BSG ecologists have undertaken beaver training, attended conferences and visited re-introduction sites to ensure that we have the skills and knowledge to survey for the species and understand impact assessment, mitigation and licensing options.
We have undertaken several surveys for clients of proposed development sites for the species, including in Kent where the species was found within waterways on the Site.
If you require a beaver survey or would like advice on beavers and the planning process, mitigation and licensing, please contact one of our offices.
