LEGISLATION

Professional advice should always be sought regarding the legalities of Japanese knotweed as it is a complex and new area of law, the following points can be used for basic guidance. Although not illegal to have Japanese knotweed on your land:  
  • Japanese knotweed could be deemed as private nuisance where Japanese knotweed causes someone unreasonable interference with the enjoyment or use of their land​
  • It is an offence to plant or otherwise allow Japanese knotweed to spread in the wild under the Wildlife & Countryside Act 1981.  
  • Under the Environmental Protection Act 1990 all Japanese knotweed material including contaminated soils are classed as “controlled waste”
  • Under the Hazardous Waste Regulations 2005 if certain herbicides have been used it could be classes as a “hazardous waste”.
  • Both controlled and hazardous wastes have very specific transportation and disposal regulations.
  • Planning conditions to treat Japanese knotweed can be enforced so developers have to treat knotweed Under the Town & Country Planning Act 1990
  • If a vendor omits information or lies about a property being affected by Japanese knotweed on the TA6 Property Information Form (since 2013) you could be in breach of the Misrepresentation Act 1965.
  • Under the Plant Protection Products (Sustainable Use) Regulations 2012 it is a legal requirement to be appropriately qualified for using, storing and transporting professional herbicides or if you are paid to apply any herbicide
  •  Under the Crime and Policing Act 2014 where knotweed is proved to have a detrimental effect on quality of life, an Anti-Social Control Order (ASBOs) can be brought against those who fail to act.
  •  Also under the Infrastructure Act 2015 in Wales, Welsh Ministers and Natural Resources Wales (others in other UK counties) are able to serve ‘Species Control Agreements’ & ‘Orders’ on land owners who allow non-native invasive species to establish on their land.
The contents & photographs on this website are subject to copyright & can not be used without  prior written consent.