Under the European Communities (Birds and Natural Habitats) Regulations 2011 – 2021
Guidance on the Strict Protection of Certain Animal and Plant Species under the EU Habitats Directive in Ireland
The EC (Birds and Natural Habitats) Regulations 2011-2021 provide strict protection for all of the Irish species listed on Annex IV of the EU’s Habitats Directive. It does this by prohibiting certain activities which could impact on the conservation status of those species. Those activities may only be permitted by way of a derogation. It should be noted that the Minister can only issue such derogations in very limited circumstances.
Any person thinking of applying for a derogation under these regulations should first read the document entitled "Guidance on the Strict Protection of Certain Animal and Plant Species" which details the strict protection measures around certain animal and plant species in Ireland under the EU Habitats Directive. It lists all animals and plants in Ireland that currently qualify for a derogation so this document should be consulted if you are unsure whether or not a particular species is protected.
Public Authorities should also read the document entitled "Strict Protection of Animal Species - Guidance for Public Authorities". This document offers a decision-making process for Public Authorities when planning their own works, to ensure that they are in compliance with the legislation. This document will also be helpful for developers and other people planning works which might impact on strictly protected terrestrial species.
Prior to submitting an application for a derogation, applicants must read “Applications for Regulation 54 Derogations for Annex IV species: Guidance for Applicants”
In addition to the above applicants are advised to review the EU Commission notice Guidance document on the strict protection of animal species of Community interest under the Habitats Directive: 'Commission notice Guidance document on the strict protection of animal species of Community interest under the Habitats Directive'
Published Derogations
Please note – applications/reports received and derogations issued will be published from January 2025 onwards.
The list of applications received, including their status and derogation number, where issued, will continue to be available on the Dept. of Housing, Local Government & Heritage Open Data website. The 2023 list is available here and the 2024 list is available here and the 2025 list is available here.
Derogations for Ecological Surveys of Annex IV Species
Annex IV species of the EC (Birds and Natural Habitats) Regulations 2011 – 2021 are strictly protected and as a result works which would capture or kill them, damage or destroy their habitats or disturb them cannot take place without first obtaining a Derogation. This derogation is issued under Regulation 54 of the Regulations and strict criteria must be met before such a derogation can be approved.
A Regulation 54 Derogation is required should you need to carry out ecological surveys that may disturb these protected species. An applicant should familiarise themselves with “Applications for Regulation 54 Derogations for Annex IV species: Guidance for Applicants”
Tri Gaeilge > ‘Iarratais ar Rialachán 54 Maoluithe maidir le speicis Iarscríbhinn IV’
Should Ecological work involve surveying of Bat habitats, we refer you to the following document "Bat Mitigation Guidelines for Ireland" which provides information on bat survey requirements and mitigation measures for bats when carrying out works which may disturb them.
If it is established from reading the above that a derogation is required and the qualifying criteria have been met, an application form can be filled out and submitted. Once completed it should be submitted by email to reg54derogations@npws.gov.ie. All applications must be accompanied by a detailed and up to date ecologist’s report covering all information laid out in the application form.
Derogations for Bats
All bat species found in Ireland are listed under Annex IV of the EC (Birds and Natural Habitats) Regulations 2011 – 2021 and as a result works which would capture or kill them, damage or destroy their roosts or disturb them at important parts of their life cycle cannot take place without first obtaining a Derogation. This derogation is issued under Regulation 54 of the Regulations and strict criteria must be met before such a derogation can be approved.
Should Ecological work involve surveying of Bat habitats, we refer you to the following document "Bat Mitigation Guidelines for Ireland" which provides information on bat survey requirements and mitigation measures for bats when carrying out works which may disturb them.
An applicant should familiarise themselves with “Applications for Regulation 54 Derogations for Annex IV species: Guidance for Applicants”
Tri Gaeilge > ‘Iarratais ar Rialachán 54 Maoluithe maidir le speicis Iarscríbhinn IV’
If it is established from reading the guidance that a derogation is required and the qualifying criteria have been met, an application form can be filled out and submitted. Once completed it should be submitted by email to reg54derogations@npws.gov.ie. All applications must be accompanied by a detailed and up to date report covering all information laid out in the application form.
Printable Application Form in English
Fillable Application Form in English
Printable Application Form in Irish
Fillable Application Form in Irish
Bats in Houses – Domestic Dwelling Derogation (3D)
For individual bats that become trapped in a house, in the vast majority of cases, no derogation is required. The best course of action is to contain the bat in a single room of the house and try and get it to exit through an open window or door. Further information on what to do if you encounter bats in your home can be found by reading "Bat in Houses Leaflet".
While bats often roost in houses without the home-owner even noticing, a bat colony in a house can sometimes lead to a certain degree of inconvenience or disturbance. In such limited circumstances it is possible to apply for a Domestic Dwelling Derogation (3D) to exclude bats from the premises. Usually, this will involve an NPWS member of staff visiting the property and making a series of recommendations to the landowner.
A derogation may subsequently be issued outlining the approved actions which may be taken to safely exclude bats from the dwelling. An application form for such a derogation can be found below and should be emailed to reg54derogations@npws.gov.ie.
Printable Application Form in English
Fillable Application Form in English
Derogation for other Annex IV Species
- Dolphin
- Kerry Slug
- Natterjack Toad
- Otter
- Porpoise
- Turtle
- Whales
Printable Application Form in English
Fillable Application Form in English
Printable Application Form in Irish
Fillable Application Form in Irish
All derogation applications should be sent to the following email address
reg54derogations@npws.gov.ie