japanese knotweed legislation 2019

Choosing to ignore its presence on your land can often prove to be a costly mistake. Paolo Martini is the lead solicitor for Knotweed Help and has over 30 years of experience in the field of Civil Litigation and is an expert on the legal issues faced by individuals dealing with Japanese knotweed on their land. Property Acquisition, Site Remediation & Brownfields Redevelopment, Network Rail Infrastructure Ltd v Williams and another, Coronavirus (COVID-19) Legal Insights Hub, Talk to the Experts Virtual Discussion Forum: Future of Plastics, The Future of Green Energy – UK Perspective, Looking Ahead to 2021: Implications of a Change in US Administration on Environmental Policy, Trump Administration Issues Proposed Rule to Fast-Track Environmental Permitting for Mining Projects, US EPA Releases Draft National Recycling Strategy for Comment, O-I-CEE! You will not be seen to be breaking the law until Japanese knotweed from your land spreads into another’s property or onto public land. A  leading cited Knotweed case is the 2018 case of Network Rail Infrastructure Ltd v Williams and another. 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. Allowing Japanese knotweed or soil contaminated with the plant to spread into the wild is an offence and could result in a fine of up to £5000, or a prison sentence of up to 2 years. Japanese knotweed is classed as ‘controlled waste’ and as such must be disposed of safely at a licensed landfill site according to the Environmental Protection Act (Duty of Care) Regulations 1991. All Rights Reserved. Evidence from a recent government report suggests that if a knotweed infestation remains untreated then losses of up to 10% can be incurred. Related: What Does Japanese knotweed Really Do? Japanese knotweed rhizome. Both of their bungalows abutted a Network Rail railway embankment and access path which were infested with Japanese Knotweed and which had spread to the claimants land. 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. Following the Committee’s paper of 16 May 2019, the Government has welcomed the Committee’s findings, agreeing that Japanese knotweed (“JK”) may have been disproportionately singled out above other invasive plants and that an evidenced-based approach is required. Some Japanese Knotweed News articles will say you can kill the roots of Japanese Knotweed with chemicals, however, you do need an NPTC qualified person to work with the required chemicals and knows the best process to follow as a result of new legislation which covers the management and removal of Japanese Knotweed. 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. This precedent has been set in cases involving both individuals and large organisations, so whether you’re dealing with Japanese knotweed on council land or from a next door neighbour, you should be able to claim for the treatment of the infestation. This is why we recommend hiring a PCA accredited specialist to get your knotweed treated and your legal matters, if you have any, resolved quickly. You’ll need an environmental permit or registered waste exemption before you start burning your Japanese knotweed waste. This conclusion is supported by the experience of some experts in this area and data from Knotweed contractors. Case law recognises the civil wrongs of nuisance, both private and public and these are particularly relevant in Knotweed cases. Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. A number of recent court cases reveal just how costly leaving knotweed to its own devices can be. The next step is to determine where the plant came from and the extent to which the plant affects the property. 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. You could be due significant compensation. By Paolo Martini on 11th February 2019 (updated: 14th July 2020) in News. It will be interesting to see if these studies lead to any shift in approach away from the “menace to homeowners” that Knotweed is currently considered to be. May 09, 2019. 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. Because Japanese knotweed became such a problem over such a short period of time – legislation was introduced via the ‘Wildlife and Countryside Act’- this legislative document began the process of opening the eyes of land owners and giving power … We have developed a range of UK-based training options to provide you with practical, commercial and tailored assistance you. Regulations 1986 11th February 2019 ( updated: 14th July 2020 ) in News with Japanese! Up to 10 % can be found in civil nuisance a Mortgage with knotweed! 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