Room 5, Television House, Read more on The Environmental Protection (Duty of Care) Regulations 1991. A purchaser of property affected by Japanese Knotweed may be able to bring a claim against the vendor on the basis of answers provided in the Law … If you own or manage a property or land which is affected by Japanese knotweed, you are responsible for the control of the invasive weed. 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. Japanese knotweed infected or plant material that is to be discarded is classed as controlled waste and must be removed from the site for disposal by a SEPA license haulier, the waste must be accompanied by appropriate Waste Transfer documentation prepared by the haulier. 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’. Cookies are sent to your browser by a website, which are stored in the cookies directory on your computer. Find out more about our Japanese Knotweed Survey here. 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. 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). Even if the knotweed is treated and removed, losses can still be between 6-9%. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. If you have bought a house that's affected by Japanese knotweed, and you are able to show the seller knew about Japanese knotweed on the property, you can sue the seller. 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. However, it has distinctive characteristics. 269 Field End Road, 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. 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. Is Japanese Knotweed illegal? 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 … The next step is to determine where the plant came from and the extent to which the plant affects the property. However, we will look at the civil liability associated with this plant below. As this plant is such a fast grower, it is usually only a matter of time before this happens and your troubles multiply. Do have the Knotweed knowledge. The question of whether a property is affected by Japanese knotweed was added in 2013. 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. Whilst it might be a shock to find out that the property you are trying to sell has knotweed, or indeed, the property you intend to buy is affected, there are treatments available to manage the infestation and the Knotweed Management Plan is the key. You are able to find this out by opening the browser, clicking on 'Help' and then 'About'. These regulations require any person using pesticide to take all reasonable precautions in order to protect the health of their fellow human beings, other creatures and plants. 633045. 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. Talking to the person responsible for the land should be your first port of call before taking any further action. Under section 57 of the Act, “conduct” includes “a failure to act”. The best way of doing this is by getting a professional evaluation of the Japanese knotweed. Japanese knotweed sketchbook study. 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. There are many legal factors affecting the disposal of Japanese Knotweed. Although it is illegal to allow the plant to spread outside of your land, you are not required to declare the presence of Japanese knotweed to your neighbours or the local authorities. In winter the plant dies back to ground level but by early summer the bamboo-like stems emerge from rhizomes deep underground to shoot to over 2.1m (7ft), suppressing all other plant growth. 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.". If you’re planning on digging up and removing your knotweed manually then you’ll need to adhere to the aforementioned waste legislations laid out in the Environment Protection Act 1990 and the Wildlife and Countryside Act 1984. Specialist Japanese Knotweed solicitors are the best way to make an effective claim against a neighbour or property surveyor. Sellers should provide this to the purchaser’s solicitors, who in turn should enquire to see if it can be transferred to their client. Besides the Anti-social Behaviour Crime and Policing Act 2014, the main legislation that identifies and controls Japanese knotweed is the Environmental Protection Act 1990 (EPA 1990) and the Wildlife and Countryside Act 1981 (WCA 1981). Japanese Knotweed. Evidence from a recent government report suggests that if a knotweed infestation remains untreated then losses of up to 10% can be incurred. It is illegal to plant or otherwise cause Japanese Knotweed to grow in the wild in the UK. No. The act stipulates that Japanese Knotweed can only be disposed of at landfills that are licensed to handle contaminated soil. If you are able to show that the surveyor should have noticed the Japanese knotweed, you can make a claim. named but can prove to be a persistent and costly problem if it is found on your land. Dealing with the plant professionally will ensure the lawful disposal of it from your property. Much of the case is concerned with the trial judge’s decision, but it … This means if you cut back knotweed or dig it up and take it to your local waste and recycling centre that does not have the right environmental permit, you could be fined or sent to prison. You should thoroughly inspect your vehicle after moving Japanese knotweed waste with it, this includes brushing down the body, jet-washing tyres and ensuring that there are no remains of the plant trapped within the vehicle. Here’s What To Do. In order for a landowner to be considered to be persistently acting in a way that is detrimental to the quality of life to those in the locality (as it’s laid out in the Anti-social Behaviour Crime and Policing Act 2014) it must be proved that the individual has not taken reasonable steps to remove the infestation. It states: "You must dispose of Japanese knotweed waste off-site by transferring it to a disposal facility that’s permitted, e.g. Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. The TA6 form's Japanese knotweed question was revised in February 2020. You can identify it as there is a growth pattern of one stem per node, which forms a zig-zag stem growth pattern. If you do not remove every last trace of knotweed, it can grow back and spread even further. 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. What should I do? 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. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. The Property Care Association has put together a comprehensive document detailing the best practice for the three key methods of preventing the spread of the plant. This is called diminution of value. You do not need to report the presence of Japanese knotweed on your land, however, should you wish to voluntarily declare your Japanese knotweed or report an infestation on public land, then you can do so by visiting the Non-native Species Secretariat website. We place an encrypted cookie on your computer when you select 'remember password' when logging into your account. This response can serve to trigger alarm bells when reviewed by the purchaser’s solicitors. Can you spray Japanese knotweed with chemicals? Hampshire, A depth of 2 metres is acceptable, but in this case you must wrap the remains completely in the membrane layer. 477/2011 - European Communities (Birds and Natural Habitats) Regulations 2011, on your property does not break the law.. 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. While it’s not illegal just to have it on your property it is a criminal offence to ‘plant or cause to grow’ Japanese Knotweed. Email: contact@knotweed.co.uk Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. 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. In some cases, it may be that the neighbour is renting and the landlord is simply unaware that they have an infestation on their hands. 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. This issue is exacerbated by property owners lying about the presence of knotweed and by a lack of transparency within the Japanese knotweed removal industry. 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