Legal Issues

SITE PRECAUTIONS AND LEGAL ISSUES

Due to the destructive characteristics of Japanese Knotweed, there is a considerable body of legislation is in place to control the magnitude of the problem.

Environment Agency LogoSpecifically, there are three main legal issues associated with Japanese Knotweed:

  • The Wildlife and Countryside Act (WCA) 1981 states that it is an offence to plant or otherwise cause Knotweed to grow in the wild.
  • The Environmental Protection Act (EPA) 1990, Duty of Care Regulations 1991, states that cut knotweed material and soil containing rhizomes must be disposed of as controlled waste if they are to be removed from their site of origin.
  • Third Party litigation, where you can be sued for costs and damages if you allow Knotweed to spread from your property onto that of an adjacent landowner.
  • Failure to dispose of waste material containing Japanese Knotweed may lead to prosecution under section 34 of the Environmental Protection Act 1990. It is normally necessary to discuss and agree waste proposals with the Environment Agency.
  • Although rare at present, home owners are liable to be sued for loss of value by owners of adjoining properties where mortgages are refused/ valuations reduced due to the presence of Knotweed. Clean Ground Parners are prepared to act as expert witnesses/ prepare reports for legal proceedings etc.