Can you say what plants the overgrowth consists of? Your description so far of the size of overgrowth makes me think you don't have a problem. As others have said bats won't be nesting in the typical weed growth of a neglected garden. Anything tree sized may have other constraints beyond bat management such a tree preservation orders but brambles etc. won't cause you any legal problems.
My garden had been neglected for many years before we bought the place and was 6 foot deep in brambles, raspberries and weed tree saplings. I cleared all these out and we still have plenty of bats which forage along the mature beech trees which form one boundary so I don't think you need to worry about the garden. Get a proper survey done on the house though.
Steephill - I'm not sure what plants they are, sorry. I'm not by any means a gardener. The only ones I could definitely identify were brambles and nettles.
Will definitely be getting a survey done but you don't think brambles/nettles/general overgrowth will pose any legal problems or affect the bats in any way? That's very reassuring if so! DyersEnd what you said is reassuring too. I've probably over-thought this whole thing but the gov.uk website certainly makes it sound like you can't do anything in your garden if you have bats.
Kitty - I'm not concerned about the bats being in the attic or in the garden, I just want to cut down the garden so I can use the space
Environmental protection laws are to prevent farmers taking out entire hedgerows or developers clearing large swathes of woodland, not to stop a householder cutting back the brambles in their garden. If you are planning to completely hard pave the whole garden, someone could in theory take issue, but for that to actually have an impact the garden would need to be an acre or so. If you were (say) to put in a pond and plant evening scented shrubs in place of the brambles, the bats would be very happy with you. The rabbits possibly less so but they ARE a pest and no one minds if the bunnies get cross.
The main thing really is to make sure your surveyor is aware if the issue - tell him directly & tell him he needs to find out for absolute certain if they are roosting anywhere on the premises. It's unlikely you could get them moved if they are there, (personally can't imagine why you'd want to) unless there is a serious structural defect which can't be repaired without disturbing them. You CAN go to prison for disturbing bat roosts - i.e. stomping around in your attic while they are breeding in there. If your surveyor isn't absolutely sure, get a proper bat survey done before you exchange contracts. The batman will be able to advise what you can and can't do based on what is found (for example if a lone male is using the space to hang out in the summer there's little restriction. If you have a colony breeding there, you wouldn't be allowed into your own attic for extended periods of time.)
It doesn't particularly matter if you aren't intending to demolish the house and rebuild it. But it's always better to know exactly what you are buying.
Given that you say the current owners have mobility issues, I would imagine the reason that part of the garden is overgrown is because they can't manage it, not because there are bats about. But you should ask them the question, in writing, via your solicitors. They are legally liable if they lie.
Gardening on the edge of Exmoor, in Devon
“It's still magic even if you know how it's done.”
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Can you say what plants the overgrowth consists of? Your description so far of the size of overgrowth makes me think you don't have a problem. As others have said bats won't be nesting in the typical weed growth of a neglected garden. Anything tree sized may have other constraints beyond bat management such a tree preservation orders but brambles etc. won't cause you any legal problems.
My garden had been neglected for many years before we bought the place and was 6 foot deep in brambles, raspberries and weed tree saplings. I cleared all these out and we still have plenty of bats which forage along the mature beech trees which form one boundary so I don't think you need to worry about the garden. Get a proper survey done on the house though.
Steephill - I'm not sure what plants they are, sorry. I'm not by any means a gardener. The only ones I could definitely identify were brambles and nettles.
Will definitely be getting a survey done but you don't think brambles/nettles/general overgrowth will pose any legal problems or affect the bats in any way? That's very reassuring if so! DyersEnd what you said is reassuring too. I've probably over-thought this whole thing but the gov.uk website certainly makes it sound like you can't do anything in your garden if you have bats.
Kitty - I'm not concerned about the bats being in the attic or in the garden, I just want to cut down the garden so I can use the space
Oh. If they're simply flying around in the area then I can't see any problem with you renovating the garden then.
Good luck with your future home purchase
.
Thanks Kitty
Crossing my fingers it all goes well.
Think positive....... Bats swooping over your garden, hoovering up the bugs is a million times better than finding a patch of Japanese Knotweed
Environmental protection laws are to prevent farmers taking out entire hedgerows or developers clearing large swathes of woodland, not to stop a householder cutting back the brambles in their garden. If you are planning to completely hard pave the whole garden, someone could in theory take issue, but for that to actually have an impact the garden would need to be an acre or so. If you were (say) to put in a pond and plant evening scented shrubs in place of the brambles, the bats would be very happy with you. The rabbits possibly less so but they ARE a pest and no one minds if the bunnies get cross.
The main thing really is to make sure your surveyor is aware if the issue - tell him directly & tell him he needs to find out for absolute certain if they are roosting anywhere on the premises. It's unlikely you could get them moved if they are there, (personally can't imagine why you'd want to) unless there is a serious structural defect which can't be repaired without disturbing them. You CAN go to prison for disturbing bat roosts - i.e. stomping around in your attic while they are breeding in there. If your surveyor isn't absolutely sure, get a proper bat survey done before you exchange contracts. The batman will be able to advise what you can and can't do based on what is found (for example if a lone male is using the space to hang out in the summer there's little restriction. If you have a colony breeding there, you wouldn't be allowed into your own attic for extended periods of time.)
It doesn't particularly matter if you aren't intending to demolish the house and rebuild it. But it's always better to know exactly what you are buying.
Given that you say the current owners have mobility issues, I would imagine the reason that part of the garden is overgrown is because they can't manage it, not because there are bats about. But you should ask them the question, in writing, via your solicitors. They are legally liable if they lie.
“It's still magic even if you know how it's done.”