Japanese knotweed is a problem for most people for two simple reasons. You could be fined up to £5,000 or be sent to prison for up to 2 years if you allow contaminated soil or plant material from any waste you transfer to spread into the wild.". Two words that can strike fear into the hearts of house buyers and sellers everywhere – especially with the media full of alarmist reports about the havoc this plant can wreak. The EPA 1990 is supported by the Wildlife and Countryside Act 1981 which states that ‘if any person plants or otherwise causes to grow in the wild any plant which is included in Part II of Schedule 9, he shall be guilty of an offence’. You will need proof that you’ve formally notified the land owner of the infestation (a letter or an email) before you can appeal to your local council for a Community Protection Notice. If a landowner has knotweed growing in the garden of his property he should make every effort to control the knotweed and prevent this invasive weed from spreading onto a neighbouring property and if he fails to do this he could be held responsible for the damage caused by the encroachment. So you can check and update your cookies settings, you need to know what browser you are using and which version. These rhizomes make it hard to get rid of, since a new plant can sprout from even a small fragment left in the soil. The legal standing of Japanese Knotweed varies slightly across the UK, in England and Wales the primary legislation relating to knotweed is ‘Section 14(2) of the Wildlife and Countryside Act 1981 (WCA 1981)’. E   manchester@knotweed.co.uk, Some of these cookies are essential to make our site work and others help us to improve by giving us some insight into how the site is being used. Burning Japanese knotweed is one method of removing an infestation, however you must ensure that you have effectively removed every part of the plant from your land beforehand, otherwise your infestation will return again. Part of our Japanese Knotweed Removal Guide.Click to see more answers to your questions. Unfortunately, it’s unlikely that your home insurance will cover Japanese knotweed, so you will not be able to rely on it to financially support the removal of the Japanese knotweed or any damage caused to your home. You will not be seen to be breaking the law until Japanese knotweed from your land spreads into another’s property or onto public land. Japanese Knotweed is regulated by the following pieces of legislation, the main being: The Environmental Protection (Duty of Care) Regulations 1991 The Environmental Protection Act 1990 The Wildlife and Countryside Act (as amended) 1981 If you have discovered knotweed next door but the plant is yet to spread to your property, then your options for legal action against your neighbour are limited. The Law The laws and legislation regarding Japanese Knotweed differ depending on which part of the UK you are in. “Japanese knotweed is an invasive plant that can cause damage to property. Knotweed And The Law. In the UK, the Japanese knotweed legal obligation is that it’s illegal to plant it or allow it to grow in the wild. Japanese knotweed stifles native species and reduces house prices. Japanese Knotweed is an extremely stubborn type of weed. If you’ve more questions about Japanese knotweed legislation or are seeking further legal advice in regards to a Knotweed infestation then please don’t hesitate in calling us on 07595 653 226 or sending us a message using the contact form. Middlesex, Getting A Mortgage With Japanese Knotweed, Dormant Japanese Knotweed: Your Questions Answered. Any remains should still be treated as controlled waste and be disposed of accordingly. Environet UK: 24,000 deals could be delayed by Japanese knotweed Under current legislation, sellers who knowingly fail to declare the plant’s presence can be sued for misrepresentation, meaning the buyer can seek compensation for diminution in the property’s value if it can be proven that the plant was present at the time of the sale. Japanese knotweed is an invasive non-native species that is found throughout the British Isles having first been introduced during the 1800s. This is not due to any changes in the law, but due to a small number of cases where surveyors have been found negligent for failing to spot knotweed. These notices are only reserved for those who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. INNS are also referred to as alien species. Ensure that any waste is also covered or enclosed within the vehicles that you’re using for the task. What should I do if I find Japanese knotweed? As experts in the field of Japanese knotweed we can provide expert witness services for disputes/litigation claims regarding Japanese knotweed. Google Analytics uses various cookies in order to function. A private nuisance is an act or omission which is an interference with, disturbance of or annoyance to a person in the exercise or enjoyment of his ownership or occupation of land. This may reflect the fact that knotweed can be hard to spot in its early stages and most property owners are not horticultural experts. Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981). We use Google Analytics, so we can improve our website and service for both you and future visitors. Read more about the Wildlife and Countryside Act 1981. The Duty of Care incorporates a responsibility on anyone who produces, imports, carries, keeps, treats or disposes of controlled waste to ensure it is only ever transferred to someone who is authorised to receive it. Do you need legal advice for Japanese Knotweed in Scotland? This can result in civil prosecution. If it is clear that the knotweed in your garden is encroachment from an adjoining property we will confirm the encroachment and you will be able to provide this as evidence to the neighbouring landowner. These laws have been put into legislation slowly over the years as a reaction to the growing spread of invasive plant species in the UK. How and who do I report Japanese knotweed to? It is extremely difficult to eradicate and can make property unsaleable. Find out more about our Japanese Knotweed Survey here. Because of Japanese Knotweed’s aggressive and damaging nature, the UK introduced legislation over 30 years ago to prevent its spread: Under the Wildlife and Countryside Act 1981 Section 14(2), it is an offence to plant or otherwise cause the species to grow in the wild. They have plenty of legislation on invasive species such as Japanese knotweed that is vital to know. Although it rarely sets seed in this country, Japanese knotweed can sprout from very small sections of rhizomes. This means if an individual, or organisation is not controlling Japanese knotweed or other invasive plant and could be reasonably expected to do so, the CPN could be used after a mandatory written warning has been served beforehand to get them to stop the anti-social behaviour. My surveyor missed the Japanese knotweed – can I do anything about it? If we didn’t use cookies, every time you visited our site, it would think you are a new visitor, meaning that your web experience wouldn’t be as smooth or as fast. It can take several years to eradicate.” It then asks sellers: “Is the property affected by Japanese knotweed?”. To bring a successful claim, the claimant needs to demonstrate that the knotweed originated from the adjoining land, and that the knotweed is causing the claimant owner “nuisance”. Japanese Knotweed and ASBOs The government has reformed the Anti-social Behaviour, Crime and Policing Act 2014 so that community protection notices can be used against individuals who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. Japanese Knotweed. The government has reformed the Anti-social Behaviour, Crime and Policing Act 2014 so that community protection notices can be used against individuals who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality. Japanese Knotweed was brought to the United Kingdom in the 19th century after the plant was discovered in Japan growing on the side of volcanoes. 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