This places a new onus on buyers to make their own enquiries into whether a property is affected. Eradication requires determination as it is very hard to remove by hand or eradicate with chemicals. The survey will provide you with a written document that will accurately identify the knotweed and its location. We have a vast amount of experience in dealing with these types of cases. If you have knotweed or suspect it to be a problem, whether you have had treatment or not, contact us for free, no obligation advice. Japanese knotweed crown and rhizomes (which make up the roots of the plant) can survive burning. Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild.So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. By Genevieve Cathcart – Solicitor, Resi & Commercial Property. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. Usually, you will be advised to take your waste to a landfill that has the requisite permit to deal with the plant. This Act exists to ensure responsibility is taken by the producers of waste (such as Japanese knotweed) for managing their waste and avoiding harm to human health or environment. They were able to claim for the costs of removing the knotweed and their neighbour had to commit to a 5-year treatment plan, to ensure that the infestation would not return. At Cobleys, our specialist Japanese knotweed lawyers have successfully represented clients whose properties have been affected by Japanese knotweed. According to the Wildlife and Countryside Act 1981, it is the responsibility of the landowner to prevent the spread of Japanese knotweed into the wild, or neighbouring properties. If they do not take reasonable steps to control the knotweed after they’ve been informed of the infestation, then you should be able to appeal for a Community Protection Notice from your local authority to force them to do so. 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.". Despite the dangers of Japanese knotweed being well publicised, it’s still the case that landowners turn a blind eye when they have an infestation on their property. The test is that the conduct of the individual or body is having a detrimental effect of a persistent or continuing nature on the quality of life of those in the locality, and that the conduct is unreasonable. In the case where you have bought a property with the knowledge of the infestation then you will be liable for the costs of treatment. Published 24 July 2018. The next step is to determine where the plant came from and the extent to which the plant affects the property. According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. These new Japanese knotweed laws have been added to pre-existing laws relating to Anti-Social Behaviour Orders, and join older legislation such as the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981. If you do not remove every last trace of knotweed, it can grow back and spread even further. Williams. In both cases, you should not bury any other types of waste with it. Evidence from a recent government report suggests that if a knotweed infestation remains untreated then losses of up to 10% can be incurred. Japanese knotweed arrived in the UK in 1850, Japanese knotweed anti-social behaviour law, Environmental Protection Act 1990 (EPA 1990), How to tell if you have Japanese knotweed. It is not illegal for you to have Japanese knotweed on your property, but it is against UK law to cause or allow the plant to spread in the wild. It’s important that plant is taken into consideration in the planning process, and that every effort is made to remove the plant and prevent it from further spreading. Crown Street, In these circumstances, you should ask your neighbour to effectively treat the knotweed not only on their land but also on your property in order to solve the problem and ideally the remedial action they choose should include a suitable guarantee. 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. The effect is the same: the presence of Japanese Knotweed amounts to an interference with quiet enjoyment and … However, we will look at the civil liability associated with this plant below. Legislation states that Japanese Knotweed is classed as controlled waste, and if not disposed of correctly, may lead to prosecution under section 34 of the 1990 Environmental Protection Act (EPA). Japanese knotweed is easily recognisable at all stages of its growth, and has characteristic hollow bamboo-like stems which are usually pale green and purple in its mature state. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. The government has introduced a number of Japanese knotweed laws and regulations surrounding the control, growth and transportation of Japanese Knotweed in order to protect homeowners, businesses and the environment alike. Japanese knotweed sketchbook study. Specific Japanese Knotweed Legislation. The best way of doing this is by getting a professional evaluation of the Japanese knotweed. The presence of Japanese knotweed can lead to a home being devalued by up to 5% which can be a difference of thousands of pounds for homeowners. An organisation, such as a company, is liable to a fine not exceeding £20,000. Wildlife and Countryside Act 1981. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011, on your property does not break the law.. We do not do this to track individual users or to identify them, but to gain useful knowledge about how the site is used so that we can keep improving it for our users. You will be liable for the spread of the plant even if you have attempted to stop its spread by composting or burying it. To which there are three possible answers: Yes Middlesex, Don’t take any risks when it comes to Japanese Knotweed removal, disposal, or eradication. Japanese Knotweed. Guide To Selling A Property With Japanese Knotweed. Eastcote, If you find Japanese knotweed on your land then you should take care to isolate the area and establish how much of your property has been affected by the plant. Because of the fast-growing nature of the plant, it can cause great damage to … On summary conviction, an individual would be liable to a fine not exceeding £2,500. Schedule 9 to the Wildlife and Countryside Act 1981 lists certain plants that have become established in the wild in Great Britain but which the law seeks to prevent spreading further. Related: How to get rid of Japanese knotweed. No liability shall be accepted by the Directors of Cobleys Solicitors Ltd. Cobleys Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority, SRA No. Not only does this cause for concern for the buildings on their property, but the invasive nature of the weed can cause loss of enjoyment of the garden. Talking to the person responsible for the land should be your first port of call before taking any further action. If the answer is yes the form asks the seller to state whether there is a Japanese knotweed management plan (KMP) in place and if so to supply a copy. Can you spray Japanese knotweed with chemicals? The following pieces of legislation can and will affect you if you have Japanese Knotweed on your property (commercial or residential). Even after herbicide treatment has “eradicated” the aerial and surface growth, the deep underground rhizomes can remain in a viable state and may do so for up to twenty years. Romsey, You are legally required to prevent Japanese knotweed on your land spreading into the wild, or onto neighbouring land. The TA6 form's Japanese knotweed question was revised in February 2020. Property surveyors are not infallible, their mistakes can lead to buyers purchasing properties under the impression that their home is free of faults, when in fact the opposite is true. Reproduced rapidly via tiny fragments of its rhizome, the weeds of Japanese Knotweed can grow up to 10cm a day and in just 10 weeks its stems can reach 3-4 metres in height. As an extremely invasive species, Knotweed can take over gardens, as well as potentially damage buildings, if not eradicated properly. In the event that you have discovered knotweed on a property that you have purchased after a survey or TA6 property form stated otherwise, then you may be able to claim against the property surveyor or the previous owner of the property for the costs of the knotweed treatment. Japanese, Giant and Hybrid Knotweed all appear in that Schedule. No Hampshire, As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. If you are able to prove that your property is affected by knotweed because of encroachment the landowner of the adjacent property could be held responsible. If your infestation happens to be close to a water source you’ll need to apply for approval from the Environment Agency. Japanese knotweed stifles native species and reduces house prices. Our solicitors are some of the leading experts in Japanese Knotweed Claims, as such we have been asked to advise the Government on the issues arising out of these complex cases. You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. These registered carriers are still bound by the law in regards to disposing Japanese knotweed and must not dispose of waste along with surplus soil, or sell any contaminated soil. So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. In the event that you discover an infestation on your land, you are not legally required to declare Japanese knotweed to the authorities. In early 2018 Adam and Eleanor Smith successfully sued their neighbour after they discovered a serious knotweed infestation on their land which had entered from an adjacent property. Related: What to do if you’ve found Japanese knotweed on your property. These may sound like heavy penalties, but it serves to demonstrate how seriously the law treats the spread of Japanese knotweed and is intended to deter citizens from giving this plant free reign to grow on their land. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Read more of our Expert’s advice on all aspects of Japanese Knotweed law below: By Paolo Martini on 11th February 2019 (updated: 22nd December 2020) in News. E   london@knotweed.co.uk, Unit 13A Westlink, Japanese Knotweed is covered under the following laws. Japanese knotweed is listed on Schedule 9, Part II of the Wildlife and Countryside Act 1981 making it an offence Under Section 14 (2) (a) of the Act to “plant or otherwise cause Japanese knotweed to grow in the wild”. The claimants can claim, however, in respect of the encroachment of Japanese knotweed rhizomes because they have diminished the claimants' ability to enjoy the amenity and utility of their respective properties. The Government website has guidance called "Prevent Japanese knotweed from spreading". Knotweed removal – typically £1,000 – £3,000+ Loss of property value / land utility / amenity – typically £10,000 – £20,000 + Complainants who are using a law firm … There have been cases where the environment agency have prosecuted people who failed to dispose of the plant correctly. It is not illegal to have Japanese knotweed on your property, but it is against the law to cause or allow the plant to spread in the wild. The Government website continues to state: You can only reuse knotweed-contaminated soils after treatment, on the site where they were produced.". If Japanese knotweed spreads from one property to another the relevant law is that of private nuisance. Knotweed removal – typically £1,000 – £3,000+ Loss of property value / land utility / amenity – typically £10,000 – £20,000 + Complainants who are using a law firm … Whilst removing Japanese knotweed yourself is legal, it is incredibly difficult to do so thoroughly. Think You’ve Found Knotweed On Your Property? The Wildlife and Countryside Act (as amended) 1981 Legislation: The Wildlife and Countryside Act 1981 provides the primary controls on the release of non native species into the wild in Great Britain. Japanese knotweed UK law. Can You Build On Land With Japanese knotweed? Much of the case is concerned with the trial judge’s decision, but it … This is due to new Home Office rules and regulations relating to anti-social behaviour being introduced in 2014 that include new laws around Knotweed amongst other invasive species such as the Himalayan Balsam and Giant Hogweed. Room 5, Television House, Japanese knotweed is listed as one of these plants in Schedule 9, offenders may face a £5000 fine and/or 6 months imprisonment, or 2 years and/or an unlimited fine on indictment. First, it lowers the value of your property, which if you intend to sell or re-mortgage it, has obvious repercussions. It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment If it can be shown that a schedule 9 plant has spread from a landowners property onto another property, then the landowner could be considered responsible for any damage caused and the costs of control Allowing Japanese knotweed to spread to neighbouring properties may be viewed as a private nuisance under common law, but this would be a civil matter. a landfill site that has the right environmental permit. Japanese Knotweed is on the rise across Northern Ireland, an invasive non-native weed, it is known for spreading rapidly and is strong enough to break concrete. Related: Has your surveyor missed Japanese knotweed? Getting A Mortgage With Japanese Knotweed, Dormant Japanese Knotweed: Your Questions Answered. The Act aims to reduce or eradicate harmful acts of waste crime, such as fly-tipping. 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