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Japanese Knotweed Law

Japanese Knotweed is regulated by several pieces of legislation, the main being:

• The Wildlife and Countryside Act (as amended) 1981
• The Environmental Protection Act 1990
• The Environmental Protection (Duty of Care) Regulations 1991
• Third party litigation where damages may be sought for allowing Japanese Knotweed to spread onto other properties.

This puts a duty of care on the landowner with Japanese Knotweed infestations to be proactive in the control and eradication of it. Planning permission will also generally be refused without an eradication programme in place for the infestation.

All parts of the plant and any soil contaminated with the rhizome are classified as controlled waste and are required legally to be removed and disposed of by a licensed waste control operator.

Claims may comprise of a private claim in nuisance or a private prosecution under The 1981 or 1990 Acts. The main objective is to take legal action quickly to ensure that remedial action is taken to ensure that the incidence of Knotweed does not hinder a potential development plot or damage neighbouring land.