Badgers and the law

Last reviewed 25 August 2026. This is a description of the law, not legal advice. The four nations' current positions on culling are compared cell by cell on the law by nation grid.

The badger has an Act of its own

Most wild mammals in Britain are protected only against particular methods of killing. The badger is one of the few with dedicated primary legislation. The Protection of Badgers Act 1992 makes it an offence to:

• Take, injure or kill a badger, or attempt to (section 1).
• Treat a badger cruelly, including digging for one (section 2).
• Interfere with a badger sett — damaging or destroying it, obstructing access, or disturbing a badger while it is occupying one (section 3).
• Sell or possess a live badger (section 4).

Section 10 provides for licences, which is how everything lawful that would otherwise be an offence is done: development near a sett, disease control, and research. Section 10A delegates licensing functions in Scotland.

The Act extends to England, Wales and Scotland. It does not extend to Northern Ireland, where badgers are protected under the Wildlife (Northern Ireland) Order 1985.

The badger is also listed in Schedule 6 to the Wildlife and Countryside Act 1981, which restricts the methods by which it may be killed or taken, and the Wild Mammals (Protection) Act 1996 applies to it as to any wild mammal.

Setts are protected whether or not the badger is there

This is the provision that most often catches people out, because it applies to the structure rather than to the animal. A sett is protected as a place; obstructing a tunnel or damaging an entrance is capable of being an offence even where no badger is present at the time. It is why development work near a sett is a licensing matter rather than a judgement call.