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The presence of Japanese knotweed on land can have serious consequences for porperty owners. As the RICS publishes a new information paper on the issue, Sarah Brown outlines the legal implicaitons
Japanese knotweed was first introduced to the UK in the 19th century as an ornamental plant but has since become widespread in a range of urban and rural areas.
Unfortunately, the effects of its aggressive spread have not been welcomed. It is now described by the Environment Agency as "the most invasive species of plant in Britain" and was named by the World Conservation Union as one of the top 100 worst plant species. Its effects appear to live up to this ferocious reputation and annually it is estimated to cost the UK economy in the region of JElSOm to control and clear.
The presence of Japanese knotweed can cause misery for landowners. It has very strong root systems which can cause structural damage to foundations, buildings, flood defences, roads, paving and architectural sites. Its presence may also delay development projects and reduce property values. In severe cases, it has even resulted in the demolition of affected buildings.
A criminal problem?
It is not an offence to have Japanese knotweed on your land and there is no legal obligation to notify anybody, but a landowner may still find themselves on the wrong side of the law:
The Wildlife and Countryside Act 1 981
Under section 142Xa) of this Act, it is a criminal offence to "plant or otherwise cause Japanese knotweed to grow in the wild". The maximum sentence forthe offence is an unlimited fine and/or two years* imprisonment
The Environmental Protection Act 1990
Soil and waste containing Japanese knotweed is deemed to be "controlled waste" under the Waste Management Licencing Regulations 1994. Under section...