Defra updated the information on 1st Jan 2022. The GL41 (General License 41 – Wild Birds: Licence to take or kill for public health or safety) is valid for 2 years. The links in this article take you to the latest updates. These updates are from Defra and apply to England. Differences may apply in devolved administrations. Jackdaws remain on the list.
There has been long running confusion amongst chimney sweeps as to whether it is legal for them to remove “live” Jackdaw nests from chimneys.
Defra issued new licences on June 14 2019 after a ‘call for evidence’. The Guild of Master Chimney Sweeps responded to this call for evidence and also sent their submission to other sweep trade associations in the hope it would be forwarded by them also. The previous licences were revoked in April 2019.
For chimney sweeps the important new licence is GL41 (updated 1st Jan 2022) – to preserve public health or public safety. Jackdaws, commonly found in chimneys, are listed within the scope of this licence.
In a statement to the Guild of Master Chimney Sweeps, Defra stated: “The licence can be used to remove birds or their nests from chimneys by those who come within the definition of an “authorised person”.
With regard to removing e.g. a live Jackdaw or pigeon or its nest, an ‘authorised person’ means— “The owner or occupier, or any person authorised by the owner or occupier, of the land on which the action authorised is taken”. Authorisation may be verbal.
We would urge sweeps to check the official government information – see the GL41 – Wild birds: Licence to take or kill for public health or safety.
So if there is a risk to public health or safety, an “authorised person” may remove a nest as long as the bird species is included the list and they observe the other requirements such as humane dispatch* etc. The licence may also be useful when rescuing some trapped birds form a chimney. A basic written record is recommended and there is a list of what you might record in the guidance – see GL41. Defra added: “You do not need to apply for a general licence but you must meet its conditions and follow its requirements, as you may be committing a criminal offence if you fail to do so.”
Defra also said: “You can use this licence only where the presence of birds causes a demonstrable risk to human health or increases the risk of accidents, for example by increased risk of transmission of disease to humans.”
The Guild would clarify that for the purposes of removing a live nest or bird on the list, demonstrable risk to humans obviously extends to situations where a combustion appliance – fire / stove / cooker etc. might be used, giving rise to the possibility of risk to humans from fire hazard or the possibility of preventing the safe transit of poisonous combustion gasses through the chimney, again giving rise to potential risk to humans.”
Defra said: “You cannot use this licence to kill birds because they are damaging your property, such as your car or house, or if they are a nuisance.”
Get informed – view the GL41 license and conditions here.
Nests can contain large amounts of material which completely block chimneys / flues.
Please note the tea and biscuits on the table in this picture. Although not essential, chimney sweeps find tea and biscuits are very useful during the removal of any nest.
Humane dispatch:
- ‘Humane’ means taking all reasonable precautions to ensure that any killing of birds under this licence is carried out in a single, swift action. ↩
