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Legal status
Starlings are protected under the Wildlife and Countryside Act 1981, which makes it illegal to intentionally kill, injure or take a starling, or to take, damage or destroy an active nest or its contents.
Preventing the birds from gaining access to their nests may also be viewed as illegal by the courts. 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 starlings under a general licence was removed from the Act in early 2005 in England, making the species fully protected in England.
Starlings are protected under the Wildlife and Countryside Act 1981
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 starlings 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 a 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.