Legal statusHouse sparrows are protected under the Wildlife and Countryside Act 1981, which makes it illegal to intentionally kill, injure or take a house sparrow, or to take, damage or destroy an active nest or its contents. In Scotland, it is illegal to intentionally or recklessly obstruct or prevent a wild bird from using its nest, and this may also be viewed as illegal by the courts elsewhere in the UK if they construe this action as causing the death of the eggs or young. It is therefore important to check for active nests before any repairs to roofs and soffits are carried out during the breeding season. The provision to control house sparrows under a general licence was removed from the Act in early 2005 in England, making the species fully protected in England. However, general licences issued under the Act are still in place in Wales and Scotland, and under the Wildlife Order in Northern Ireland. These allow an authorised person to control house sparrows to prevent serious damage to agriculture or preserve public health and safety. The RSPB believes that this should only be done if there is no alternative solution. An ‘authorised person’ is usually the landowner or occupier or his/her agent. Do note that nuisance or damage to property are not legitimate reasons for control, and as such an active roof nest cannot legally be removed in the RSPB's opinion, unless it can be demonstrated that removal was undertaken under the terms of one of the government licences. Since general licences can be withdrawn at any time, it is recommended that anyone wanting to exercise the licence should first contact the relevant government department for up to date legal advice.
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