japanese knotweed legislation 2019

In Ireland Japanese knotweed is a non-native, alien invasive plant species, orginally from Japan & Northern China. If you do not remove every last trace of knotweed, it can grow back and spread even further. Mr Ryb claimed that his surveyors were negligent in failing to spot signs of the Knotweed despite carrying out a top-grade survey, and claimed damages from the firm. 1143/2014, 2014). Designating a clerk of works to oversee the Japanese knotweed management plan is a good way of ensuring that contractors treat Japanese knotweed in an appropriate manner. 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. Japanese knotweed is frequently discussed in the media in the context of property You are legally required to prevent Japanese knotweed on your land spreading into the wild, or onto neighbouring land. Japanese knotweed is not listed in the EU List of Invasive Alien Species of Union concern since there is insufficient evidence that it meets the listing criteria (Reg. Related: How to get rid of Japanese knotweed. The law on Japanese Knotweed (“Knotweed”), which will equally apply to Bohemian Knotweed, is now well established. Usually, you will be advised to take your waste to a landfill that has the requisite permit to deal with the plant. It is not an offence to have Japanese knotweed on your land and it is not a notifiable weed. If you have discovered knotweed next door but the plant is yet to spread to your property, then your options for legal action against your neighbour are limited. This blog examines some of the latest developments in relation to the ongoing concerns over Japanese Knotweed and its hybrid forms. Invasive Plant Solutions support and encourage full compliance with all Irish and EU environmental legislation and industry Codes of Practice Japanese Knotweed and Invasive Plant Control Specialists Phone: 086-2621443 | Email : info@knotweed.ie Japanese Knotweed is a woody stemmed herbaceous perennial rhizomatous plant, and is a member of the Buckwheat (Polygonaceae) family. 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. The invasive plant has reached emergency proportions there. Japanese knotweed arrived in the UK in 1850, Japanese knotweed anti-social behaviour law, Environmental Protection Act 1990 (EPA 1990), How to tell if you have Japanese knotweed. Burning Japanese knotweed is one method of removing an infestation, however you must ensure that you have effectively removed every part of the plant from your land beforehand, otherwise your infestation will return again. This result proves that turning a blind eye to your knotweed problem is not a good idea, especially when it is threatening to leave the confines of your land. 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. These new Japanese knotweed laws have been added to pre-existing laws relating to Anti-Social Behaviour Orders, and join older legislation such as the Environmental Protection Act 1990 and Wildlife and Countryside Act 1981. What is Japanese knotweed? Related: What Does Japanese knotweed Really Do? 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 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. The £50,000 figure awarded reflected the reduced value of the property. This hardy, invasive plant can grow rapidly throughout the warmer months, and then die back in winter, remaining dormant underground in a network of rhizomes, before emerging to spread even further. Both these actions have been recommended for the end of this year. It was originally brought to Britain for its beauty and was named the “most interesting ornamental plant of the year” in 1847. Should you wish to legally build on land with Japanese knotweed then you will need to follow a few steps, to ensure that you’re not held liable years down the line. 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. Company Registration Number – 03943212, England and Wales. It must be proved that the knotweed originated on your land in order for you to be held responsible for clearing it, as in the case of Smith v Line. Here’s What to Do. 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. In both cases, you should not bury any other types of waste with it. If you have knotweed or suspect it to be a problem, whether you have had treatment or not, contact us for free, no obligation advice. This case highlights the duty of care on surveyors and other consultants carrying out surveys in relation to the presence of Knotweed on a site. Copyright © 2020, Squire Patton Boggs. Before you transfer any knotweed contaminated waste you must warn the waste site that you are about to transport an invasive plant and confirm that they have the correct permit to deal with the plant. ... Trafford will still use glyphosate on the toughest weeds, including Japanese knotweed. Distribution of Japanese Knotweed reports. Significant newspaper publicity has also been given to a 2019 court award of £50,000 relating to a case where a visually impaired property owner, Paul Ryb, instructed a chartered surveyor to undertake a comprehensive RICS level 3 survey of a flat in London he wished to purchase. If you’re planning on moving knotweed, or knotweed contaminated soil, off-site then you must use a registered waste carrier and ensure that the waste is taken to a licensed landfill site. They were able to claim for the costs of removing the knotweed and their neighbour had to commit to a 5-year treatment plan, to ensure that the infestation would not return. Can you remove Japanese knotweed yourself? Here’s What To Do. Getting A Mortgage With Japanese Knotweed, Dormant Japanese Knotweed: Your Questions Answered. There is no legal stipulation to clear Japanese knotweed from one’s land however, if the plant is allowed to spread from your land onto a neighbouring property then you will be responsible for clearing that infestation. A Japanese knotweed specific question is included on most pre-contract enquiry questionnaires, which are based on the Law Society’s TA6 Form. 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. Related: How To Identify Japanese Knotweed. Under the powers of this act police and local council authorities have the power to issue individuals and businesses with Community Protection Notices. Knotweed Help is a trading style of Cobleys Solicitors Ltd. Japanese knotweed, scientific names Fallopia japonica is a member of the dock family (Polygonaceae). You’ll also need to ensure that you keep in mind the Control of Pesticides Regulations 1986. According to the Government, anyone seeking to get rid of their Japanese knotweed must use a registered waste carrier and a suitable disposal site. Related: Has your surveyor missed Japanese knotweed? In addition, the study has recommended that the Law Society review its Property Information Forms, in particular to decide whether the need to declare previous Knotweed problems should expire if the plant has been treated by appropriate excavation and there has been no re-growth within a certain period. Japanese knotweed (also known as Fallopia japonica or Polygonum cuspidatum) is a perennial herbaceous invasive plant that is a native species of Japan.Since being imported to botanic gardens in Britain during the Victorian era Japanese knotweed has spread throughout the UK and has been labelled as ‘controlled waste’ by the government. 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. What should I do? It’s often the case that Japanese knotweed is spread by gardeners, or construction workers who do not dispose of contaminated soil in the proper fashion. 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. What to do if there is Japanese knotweed encroaching from adjoining land, What to do if a neighbour has Japanese Knotweed. New Japanese knotweed legislation was introduced in 2014, including fines of up to £2,500 for homeowners who fail to control Japanese knotweed on their property. Published 18 September 2019. S14(2) 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.”  A defence under s.14(3) is that the accused took all reasonable steps and exercised due diligence to avoid committing an offence. 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. Failure to spot Japanese Knotweed can be negligent Print publication. Can You Build On Land With Japanese knotweed? However, Knotweed is particularly hard to eradicate compared with other plants, requiring multi-year treatment with herbicide or excavation, which is not the case with trees or plants such as buddleia. The claimants claimed an injunction requiring the removal or treatment of the Knotweed by Network Rail, as well as damages. In addition, the Government has confirmed that: The Act makes it an offence to deposit any contaminated soil in an irresponsible fashion. Each Claimant was also awarded £350 per year as general damages for loss of amenity. How and who do I report Japanese knotweed to? How to get rid of Japanese knotweed legally, How to use a waste carrier to take Japanese knotweed off-site, After you transfer Japanese knotweed waste. Japanese Knotweed is a fast-growing plant of the ‘dock’ family, with bamboo-looking stems and small white flowers. You are only allowed to bury your Japanese knotweed waste on your land if you have permission from the Environment Agency; you should leave at least a week’s notice to inform them. "Poly" means many and "gony" is from the Greek for "knee", giving many jointed. These laws have been put into legislation slowly over the years as a reaction to the growing spread of invasive plant species in the UK. 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. Bought a House With Japanese Knotweed? Normally, documented treatment with herbicide is … 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. 11 Soil containing rhizome material can be regarded as contaminated and, if taken off a site, must be disposed of at a suitably licensed landfill site and buried to a depth of at least 5 metres. Surveyors risk being liable in negligence for failing to notice or identify Japanese Knotweed. Anyone ignoring a Japanese knotweed ASBO (A nti-Social Behaviour O rder) can be charged and receive: On the spot penalties of up to £100; Criminal prosecution and fines of up to £2,500 Those working with in-scope plants (full list here) need to be aware that the … 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. This conclusion is supported by the experience of some experts in this area and data from Knotweed contractors. In the event where you are granted permission to bury your Japanese knotweed waste on your own land then you must adhere to a handful of guidelines to ensure that the plant does not make a resurgence once more. Robert Twining gives an overview of the current law relating to Japanese Knotweed. A sign prohibiting entry to a site in Britain due to the presence of Japanese knotweed. A depth of 2 metres is acceptable, but in this case you must wrap the remains completely in the membrane layer. The surveyor reported that the property was in excellent condition with very few defects, but missed the actively growing mature Knotweed in the garden, which was subsequently identified by Mr Ryb’s gardener. ... Japanese Knotweed Legislation and Your Rights. The legal remedy for knotweed spreading onto your land from adjoining land can be found in civil nuisance. If you find Japanese knotweed on your land then you should take care to isolate the area and establish how much of your property has been affected by the plant. Taking appropriate steps to treat the Knotweed is likely to constitute a defence. What should I do if I find Japanese knotweed? Related: What to do if you’ve found Japanese knotweed on your property. 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. What does it look like? Understanding your legal responsibilities in regards to the knotweed growing on your land is crucial should you wish to avoid an unexpected date in court, or a run in with your local council. Evidence from a recent government report suggests that if a knotweed infestation remains untreated then losses of up to 10% can be incurred. 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. 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. Even when removed, if a small piece of root or stem is left in the ground it can re-infest the land. Steve Nixon reviews a recent case concerning this invasive species which continues to … Look for broad, green, shield-shaped leaves during the summer, attached to reddish hollow stems, similar to bamboo. Managing Japanese Knotweed Legislation Legislation covering the handling and disposal of Japanese knotweed includes the following: The Control of Pesticides Regulations 1986 require any person who uses a pesticide to take all reasonable precautions to protect the health of human beings, 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 can lie dormant under the ground for up to 20 years before suddenly re-growing; Property owners who fail to stop the spread of knotweed on their land can face fines and even a jail sentence under ASBO legislation; To view the heatmap and identify Japanese knotweed … The UK Government’s latest report on Knotweed published on 16 May 2019 states that “a significant industry is built around controlling Japanese Knotweed, but we were told that mortgage lenders in other countries do not treat the plant with the same degree of caution. 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. All Rights Reserved. Japanese knotweed is a resilient plant that can often persist through adverse conditions, so it’s imperative that your treatments are thorough and effective. 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. Unfortunately, it’s unlikely that your home insurance will cover Japanese knotweed, so you will not be able to rely on it to financially support the removal of the Japanese knotweed or any damage caused to your home. This gives us reason to believe that the UK has taken an overly cautious approach to this plant, and that a more measured and … ... Japanese knotweed is … 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. If you choose to not answer truthfully on this questionnaire then a prospective buyer could sue you under the Misrepresentation Act. 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. If it is not a species of Union concern, then the Wildlife & Countryside Act (WAC; Section 14, Schedule 9) still applies 2. knotweed spreading onto your land from adjoining land, neighbour has allowed Japanese knotweed knotweed to spread into your garden, appeal for a Community Protection Notice from your local authority, In early 2018 Adam and Eleanor Smith successfully sued their neighbour, Invasive Non-Native Specialists Association. Environement Agency on knotweed. Discovering the source of a Japanese knotweed infestation is key to determining what party is at fault. 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. The report goes on to recommend that a study of international approaches to Knotweed in the context of property sales is commissioned. As a result, a property affected by Japanese knotweed, whether it is in their boundary or within 7 meters, loses value. Read more. VAT Number 477 2974 93. Case law recognises the civil wrongs of nuisance, both private and public and these are particularly relevant in Knotweed cases. Legislation. Fri 5 Apr 2019 06.46 EDT. If your neighbour has allowed Japanese knotweed knotweed to spread into your garden, you should inform them of this. 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. 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