Also, cookies make the interaction between you and our website faster and easier. 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. Think You’ve Found Knotweed On Your Property? 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. Email: contact@knotweed.co.uk Who is responsible for clearing Japanese knotweed? The Act aims to reduce or eradicate harmful acts of waste crime, such as fly-tipping. This act sets forth certain terms that regulate how Japanese Knotweed can be disposed. 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 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 … As well as the various offences a landowner could face under criminal law, detailed above, a landowner could also be subject to a common law claim by a third party if japanese knotweed on the land concerned has caused damage to, or loss of enjoyment of, the third party's property. 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. Japanese knotweed is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. Japanese knotweed is a perennial plant that can grow up to 10cm a day. Because it's encrypted, your information is kept safe and secure. Japanese, Giant and Hybrid Knotweed all appear in that Schedule. The Law. However if a seller, based on the best of their knowledge, answers ‘No’, and it subsequently transpires that the plant is present, then the buyer may pursue the seller for compensation. First, it lowers the value of your property, which if you intend to sell or re-mortgage it, has obvious repercussions. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. 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. Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. Under the Wildlife and Countryside Act 1981, Japanese knotweed growth can lead to the criminal prosecution of an owner or occupier if they do not handle the plant in accordance with the law. Japanese Knotweed – what does the law say? Under new Japanese knotweed legislation, Homeowners failing to control Japanese Knotweed on their property can be prosecuted and fined up to £2,500. Cupernham Lane, If a property is found to have an infestation of Japanese knotweed on their land or Japanese knotweed within 7 metres, it is extremely difficult to secure a mortgage against the property. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. 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. Full list of resources related to Japanese knotweed legal advice: Anti-social Behaviour Crime and Policing Act 2014, Wildlife and Countryside Act 1981 section 114 (2) (WCA 1981), selling a property with Japanese knotweed, seller who has lied about Japanese knotweed, What to do if you’ve found Japanese knotweed on your property, home insurance will cover Japanese knotweed, What to do if you’ve bought a property with Japanese knotweed. 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. 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