# Gulls, pigeons and nests on the roof: what the law allows and how to prevent them > What Decreto-Lei n.º 140/99 forbids, when an ICNF licence is needed, the fines, damage to gutters, eaves and loft, allowed prevention, the gull calendar and what we could not confirm. - Page: https://telhadoseguro.pt/en/guides/gulls-pigeons-nests-on-roof - Language: English - Updated: 2026-11-05 ## Summary - Decreto-Lei n.º 140/99 forbids destroying, damaging or collecting the nests and eggs of wild birds, even empty ones, and disturbing the birds, above all while they breed. - According to the Porto Metropolitan Area, removing a yellow-legged gull's nest requires ICNF authorisation. The licence is exceptional and only exists if there is no satisfactory alternative. - Closing entry points at the eaves and ridge, spikes, nets and clean gutters are allowed, away from active nests. Poison, glues and killing birds are not. - Gulls usually start breeding in April: inspect, repair and apply for the licence in autumn or winter. Gulls on the eaves, pigeons under the tiles, nests in the gutter, droppings in the loft. The law protects wild birds and their nests. This guide explains what the law says, what damage birds do, what you can do without a licence and when you need the ICNF (the Portuguese nature conservation institute). We do not sell these services or recommend firms. *Updated on 4 November 2026. General information, not legal advice. If in doubt, ask the ICNF or the town hall (Câmara).* ## The essentials - **Nests are protected, even when empty.** Decreto-Lei n.º 140/99 forbids destroying the nests and eggs of wild birds and disturbing the birds, above all while they breed. - **The yellow-legged gull is no exception.** According to the Porto Metropolitan Area (AMP), removing a nest of this species requires ICNF authorisation. - **There is an exceptional ICNF licence**, for example to prevent serious damage to property, and only if there is no satisfactory alternative. - **Prevention is allowed:** closing gaps at the eaves and ridge, spikes or nets where birds perch, clean gutters. Always away from active nests. - **Poison, glues, killing birds or taking nests without a licence: no.** ## What the law says Decreto-Lei n.º 140/99, of 24 April, transposes the European Birds Directive. It applies to all birds that occur naturally in the wild in the European territory of the Union, and to their eggs, nests and habitats (article 2). Article 11 forbids: - capturing, killing or keeping the birds, by any method; - disturbing them, in particular during breeding and while the young depend on their parents, where the effect is significant; - destroying, damaging, collecting or keeping nests and eggs, **even empty ones**; - damaging or destroying breeding and resting sites. This covers gulls, swallows, swifts and other birds that nest on roofs. The 2013 amendment did not change these rules. **What about pigeons?** The rock dove (*Columba livia*) is in annex D, the list of game species. For those species, the ban on capturing and killing does not apply where hunting law allows it (article 11, paragraph 4). That exception does not cover nests and eggs. We found no official text saying whether the city pigeon counts as a wild bird. If in doubt, treat the nests as protected and ask the ICNF. ### The ICNF licence Article 20 allows, as an exception and with an ICNF licence, acts that article 11 forbids. There must be no satisfactory alternative, the conservation of the species must not be harmed and the request must serve a purpose listed in the law. For a roof, two count: preventing serious damage to property and protecting public health and safety. In the 2005 text, the licence lasts at most one year. The ICNF has 45 working days to decide and, **with no answer within that time, the request is deemed refused.** The form «Remoção de ninhos – Pedido de licença» (nest removal, licence request, 2026), on the ICNF page, asks for the species, number of nests, address and reason. It lets you ask for **removal** or **transfer to an alternative platform** and says to send it to nativas@icnf.pt. Scaring protected birds that cause serious damage has a separate ICNF licence request. Because the deadline is long, apply in autumn or winter, before the nesting season. In a block of flats, the roof is usually a common part: see [who decides and who pays in a condominium](https://telhadoseguro.pt/en/guides/condominium-roof-who-pays). ### Fines In the 2005 text, breaking article 11 carries a fine of **125 € to 3,740 €** for individuals and **3,990 € to 44,890 €** for companies (article 22, paragraph 2). Negligence is also punished. The ICNF or the CCDR (regional coordination commission) can order the situation to be put back as it was (article 25). Enforcement belongs to the ICNF, the local authorities and the police, among others (article 21). Check the amounts: we did not read the current consolidated version. ## What damage birds do to a roof The AMP points to damage to roofs and solar panels and blocked gutters. The places to watch are: - **Gutters and downpipes.** Nests, feathers and droppings hold the water back, and it spills over onto the eaves and the wall. See [gutter cleaning](https://telhadoseguro.pt/en/roof-cleaning/gutters) and the [causes of roof leaks](https://telhadoseguro.pt/en/guides/roof-leak-causes). - **Eaves, ridge and displaced tiles.** The APICER and CTCV guide says birds and rodents get in through gaps between tiles and fittings and can damage the thermal insulation. It asks for fittings that ventilate and keep small animals out. - **Loft and solar panels.** Droppings build up where nobody goes. The roof void needs air: read about [condensation in the loft](https://telhadoseguro.pt/en/guides/attic-condensation-roof-void) before sealing everything. The space under the panels is sheltered (see [solar panels on the roof](https://telhadoseguro.pt/en/guides/solar-panels-on-roof-what-to-check)). **Health.** The AMP mentions a risk of gulls passing on pathogens, higher for children, older people and people with weak immune systems. The British workplace safety regulator (HSE) links bird droppings to psittacosis and salmonella. It says to wet the area before cleaning, not to use a pressure washer and to wear an FFP3 mask. People with weak immune systems should not do this work. ## What you can and cannot do **Allowed, away from active nests:** - closing entry points at the eaves, ridge and flashings, with parts that still let the roof breathe; - replacing broken or lifted tiles; - spikes or wire nets where birds perch, as the AMP suggests; - nets closing off openings, after checking that no bird or nest is left inside; - gutter guards, which still need cleaning; - not feeding gulls and keeping rubbish closed. According to the AMP, imitation birds of prey soon stop working and drones make gulls aggressive, with an effect that fades within a few weeks. **Not allowed without a licence, or never:** - removing or destroying nests and eggs, even empty ones; - disturbing birds sitting on eggs or with young; - killing or capturing birds. Poisons, sticky substances and non-selective nets are on the list of banned means (annex C); - sealing a hole with birds or chicks inside. ## Spring and summer, autumn and winter According to the AMP, the yellow-legged gull's breeding season usually starts in April. Laying begins in early May and chicks hatch between the end of May and early June. - **Autumn and winter:** inspect, repair, fit deterrents and apply for the licence if needed. Add this to the [roof checklist before winter](https://telhadoseguro.pt/en/guides/roof-checklist-before-winter). - **Spring and summer:** do not touch nests. If you have works booked, check for nests first and adjust the schedule (see [how roof works go](https://telhadoseguro.pt/en/guides/roof-works-when-and-how-it-goes)). In the six coastal municipalities of the AMP (Gaia, Maia, Matosinhos, Porto, Póvoa de Varzim and Vila do Conde), you can report nests in the «Gaivotas à Vista» app. For injured gulls, the AMP says to contact the town hall. ## What it costs and how to choose who does it We give no prices: there is no official table. The cost depends on access (scaffolding or a platform), the area of netting, the spikes, the entry points to close, the cleaning and the repairs. Ask for quotes with these lines shown separately and run them through the [quote checker](https://telhadoseguro.pt/en/roof-quote-checker). Ask the pest-control firm or the contractor: 1. Will you first check for active nests, and of which species? 2. If an ICNF licence is needed, who applies? 3. How do you make sure no bird is trapped behind the net? 4. How do you clean droppings and what protection do you use? And against falls (see [work at height](https://telhadoseguro.pt/en/guides/work-at-height-roof))? 5. What warranty do you give on nets and spikes, and who does the maintenance? Be wary of anyone who offers poison or to «clear» nests in spring without a licence. See also how to [choose a contractor](https://telhadoseguro.pt/en/guides/choosing-a-roofing-contractor). ## What we could not confirm - **The current consolidated version of Decreto-Lei n.º 140/99.** Legal databases mention a 2026 amendment that we did not read. Fines and deadline come from the 2005 text. - **Whether the city pigeon counts as a wild bird** for article 11. - **Official rules or campaigns in Lisbon, Aveiro and Setúbal** on gulls and pigeons. We only saw news reports. - **Whether the AMP plan's proposal**, which would let owners in the study municipalities remove nests and eggs, became law. - **The breeding calendar of pigeons, swallows and swifts** from an official source. - **Guidance from the DGS** (Portuguese health directorate) on cleaning bird droppings. We used the British HSE's. - **How well nets, spikes or gels work** in an independent study. ## Sources (read on 4 November 2026) - Decreto-Lei n.º 49/2005, de 24 de fevereiro, que republica o Decreto-Lei n.º 140/99, Diário da República, I série-A, n.º 39, [cópia no IFCN da Madeira](https://IFCN.MADEIRA.GOV.PT/images/Doc_Artigos/Biodiversidade/Projetos/lips/Leg/Decreto_Lei_49_2005.pdf) (articles 2, 11, 13, 20, 21, 22 and 25; annexes C and D). - Decreto-Lei n.º 156-A/2013, de 8 de novembro, Diário da República, 1.ª série, n.º 217, [cópia no IFCN da Madeira](https://IFCN.MADEIRA.GOV.PT/images/Doc_Artigos/Legislacao/DecrLei156A.pdf) (article 2). - ICNF, [Formulários](https://www.icnf.pt/oquefazemos/formularios), «Fauna e Flora» section, and [Remoção de ninhos – Pedido de licença](https://www.icnf.pt/api/file/doc/0ece90cd543a2e92) (docx, 2026). - gov.pt, [Pedir licença de espantamento de aves](https://www.gov.pt/servicos/ave-licenca-de-espantamento) (page updated on 23 July 2026). - Área Metropolitana do Porto, [Gaivotas à Vista na AMP](https://gaivotas-amp.pt/) and [frequently asked questions](https://gaivotas-amp.pt/faq/) (species, protection, breeding, damage, health, deterrents, contacts). - APICER and CTCV, [Guia para Projeto e Aplicação de Telhas Cerâmicas](https://www.apicer.pt/apicer/media/5c06bd0e8d436.pdf), 2nd edition, 2018 (sections 3.8.1 and 4.2.3; case 3 «ventilated eaves», page 71). - HSE (United Kingdom), [Psittacosis and other diseases from work involving bird droppings](https://www.hse.gov.uk/construction/healthrisks/hazardous-substances/harmful-micro-organisms/other-diseases.htm), updated on 12 January 2026. ## FAQ ### Can I remove a gull's nest from my roof? Not without a licence. Article 11 of Decreto-Lei n.º 140/99 forbids destroying, damaging or collecting the nests and eggs of wild birds, even empty ones. The Porto Metropolitan Area confirms that the yellow-legged gull needs ICNF authorisation. You apply with the ICNF «Remoção de ninhos» form. ### Are pigeons protected too? The rock dove is in annex D of the decree, the list of game species, and the ban on killing does not apply where hunting law allows it. That exception does not cover nests and eggs. We found no official text on the city pigeon: if in doubt, treat the nests as protected and ask the ICNF. ### How long does the ICNF licence take? In the decree as republished in 2005, the ICNF has 45 working days to decide and, with no answer, the request is deemed refused. The licence lasts at most one year. We could not confirm the deadline in the current consolidated version or the real response time. ### What is the fine for destroying nests? In the 2005 text, breaking article 11 carries a fine of 125 € to 3,740 € for individuals and 3,990 € to 44,890 € for companies (article 22, paragraph 2). Negligence is also punished. The law was amended later and we did not read the current consolidated version. ### What protection can I fit without a licence? Away from active nests: closing entry points at the eaves and ridge with parts that ventilate, replacing broken tiles, spikes or nets where birds perch and gutter guards. Before closing an opening, check that no bird is left inside. Poisons and sticky substances are banned means. --- Source: https://telhadoseguro.pt/en/guides/gulls-pigeons-nests-on-roof. Independent information, not legal or tax advice.