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, as amended provide strict protection for all Irish species listed on Annex IV of the EU’s Habitats Directive. The EC Regulations prohibit certain activities which could impact on the conservation status of these species. These activities may only be permitted by way of a derogation and you can apply for a derogation if you cannot avoid works which would capture, kill or disturb them, damage or destroy their breeding sites or resting places. . It should be noted that the Minister can only issue such derogations in very limited circumstances and failure to obtain one or comply with the conditions of the Derogation could result in prosecution.
A Derogation may be issued to disturb the following Annex IV species protected under the EU’s Habitats Directive:
All Bat Species | Kerry Slug | Natterjack Toad | Otter | Dolphin | Porpoise | Turtle | Whales
Any person thinking of applying for a derogation under these regulations should first read the document "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, therefore this document should be consulted if you are unsure whether or not a particular species is protected.
Public Authorities should also read the document "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"
Tri Gaeilge > "Iarratais ar Rialachán 54 Maoluithe maidir le speicis Iarscríbhinn IV"
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'
Derogations
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".
If the ecological work relates to surveying Bat habitats, an applicant should familiarise themselves with "Bat Mitigation Guidelines for Ireland". These guidelines provide information on bat survey requirements and mitigation measures for bats when carrying out works which may disturb them.
There is also Departmental Guidance in relation to noise in the marine environment from construction, exploration or survey activities that can have a disturbing effect on marine mammals including whales and dolphins. This document should be consulted prior to making an application for a derogation.
If it is established from reading the guidance documents that a derogation is required and the qualifying criteria have been met, an application form can be filled out and submitted. An application must consist of a completed application from and a detailed up to date report covering all information laid out in the application form.
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.
Derogation Application Forms
3D Printable Application Form in English
3D Fillable Application Form in English
Regulation 54 Derogation Printable Application Form in English
Regulation 54 Derogation Fillable Application Form in English
Regulation 54 Derogation Printable Application Form in Irish
Regulation 54 Derogation Fillable Application Form in Irish
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.
All derogation applications should be sent to the following email address
reg54derogations@npws.gov.ie