The Wildlife and Natural Environment (Scotland) Act 2011 has specific points regarding Japanese knotweed. VAT Number 477 2974 93. If you’re a private landowner then you do not need to ask permission from the Environment Agency, but you might want to check with your local council that you’re allowed to go ahead with burning your knotweed. 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. Williams. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. 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”. 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. Japanese knotweed. First, it lowers the value of your property, which if you intend to sell or re-mortgage it, has obvious repercussions. Middlesex, You will be liable for the spread of the plant even if you have attempted to stop its spread by composting or burying it. Guide To Selling A Property With Japanese Knotweed. The Law Society's TA6 property information form requires sellers to state whether the property is affected by Japanese knotweed. Whilst it's tempting not to declare certain information which might put prospective buyers off, honesty is always the best policy because you run the risk of being sued in the future if the information you provide is intentionally misguiding. The question of whether a property is affected by Japanese knotweed was added in 2013. What should I do if I find Japanese knotweed? 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)’. Property owners who find Japanese knotweed growing nearby or on their land should be aware of the very serious problems it can cause. 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. Although it’s possible to confuse Japanese knotweed with a number of other common plants found in England, there are a handful of tell-tale signs that should tell you if you’re dealing with an infestation or not. Belbins Business Park, You could be due significant compensation. Even if the knotweed is treated and removed, losses can still be between 6-9%. This form ensures that the solicitor asks whether the property is affected or has ever been affected by Japanese knotweed. 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. We have successfully gained compensation for a large number of clients and our knowledge of Japanese knotweed law is unparalleled. This inevitably leads to disputes with neighbours who are uncomfortable with having Japanese knotweed at such a close distance from their house. Read more about the Wildlife and Countryside Act 1981. A depth of 2 metres is acceptable, but in this case you must wrap the remains completely in the membrane layer. The Law. To access this resource, sign up for a free trial of Practical Law. Your Japanese knotweed legal obligation also prohibits you from allowing it to escape and spread into a neighbour’s garden. You can report those not abiding by these practices to your local authority. 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. The best way of doing this is by getting a professional evaluation of the Japanese knotweed. 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. A professional evaluation and survey will be able to answer the questions that you have and give you an idea of the actions that you’ll need to take to get rid of the infestation. Find out more about Japanese knotweed and the law. Read more about the Environmental Protection Act 1990. The effect is the same: the presence of Japanese Knotweed amounts to an interference with quiet enjoyment and … 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. The law. 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. — THE LAW IN ENGLAND AND WALES SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT OF 1981 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 In short, if you have knotweed on your land and you’re looking to dispose of it, you’ll need to follow the correct procedure should you wish to avoid a hefty fine. 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. Under the Act a Community Protection Notice (CPN) can be used to require someone to control or prevent the growth of Japanese knotweed or other plants that are capable of causing serious problems to communities. What is Japanese Knotweed? Before you begin treatment you should ensure that the person spraying holds a certificate of competence for herbicide use, or works under the supervision of someone who has one. Japanese knotweed has long been feared by property owners, and London is a hotspot. For the vast majority of sellers, the selected response will be ‘no’. Property owners therefore need to be alive to the risks that it can create. A Guide To Getting Rid Of Japanese Knotweed, Japanese Knotweed Growing In Neighbour’s Garden: Legal Implications, Has Your Property Seller Lied About Japanese Knotweed? The 1981 Wildlife and Countryside Act refers to England, Wales and Northern Ireland; whereas Scotland is covered under the 2011 Wildlife and Natural Environment (Scotland) Act. Failure to meet the requirements of this notice, without a reasonable excuse, could be treated as a criminal offence making the recipient liable to a fixed penalty notice or prosecution, which could lead to a further hefty fine. 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 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. 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. Japanese knotweed is a problem for most people for two simple reasons. will apply equally where the defendant is a public body, a company or a private individual. 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. E email@example.com, 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. The ‘not known’ answer is arguably the most honest for the majority of sellers, but in reality it should serve only to prompt the buyer’s solicitors to probe for further information. This means the waste can only be taken to an appropriately licenced waste facility and the removal should … 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. The seller may add a caveat along the lines of ‘buyer should rely on their own survey’. 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. The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants, and certain habitats in the UK. A request was made under the Environmental Information Regulations 2004 for information regarding the locations of Japanese Knotweed on Highways England land. Japanese knotweed UK law. You’ll need an environmental permit or registered waste exemption before you start burning your Japanese knotweed waste. Free Practical Law trial. Has Your Surveyor Missed Japanese Knotweed? The Japanese knotweed and its rhizomes presence impose and immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land. even exotically ? RICS surveyors should keep up to date with the current guidelines in relation to invasive plants if they miss Japanese knotweed on a survey then they may be sued for professional negligence. His in-depth legal experience and connections to the Japanese knotweed removal industry make him uniquely suited for handling your case. The logic of the decision in . Think You’ve Found Knotweed On Your Property? 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