What is the need for invasive weed control?

If you are buying or selling a property with Japanese Knotweed on it or on the adjacent property without an Insurance Backed Guarantee in place – what you need to know

Japanese Knotweed and the law

You can have Japanese Knotweed growing on your property and, unless required to do so under a Community Protection Notice (below), there is no requirement to take any action to deal with it.

It would however be advisable to take measures to eradicate the plant, but there are no regulations forcing you to do so.

You would be breaking the law if you:

Caused the Japanese Knotweed on your property to spread into the wild. This would contravene the Wildlife & Countryside Act 1981. This could include allowing the plant to spread from your property into the neighbouring land by its rhizomes extending underground into the adjacent land. It is accepted that the distance Japanese Knotweed can spread underground is a maximum of 7m.
Dug up or cut down and then removed the plant from your property. In so doing, the material becomes classed as waste and would need to be taken to a licensed landfill site with the facilities to deal with it, this can be expensive! If you disposed of it elsewhere, you would have contravened the Environmental Protection Act 1990.

Community Protection Notices

Local councils and the police have the power to issue Community Protection Notices against “individuals who are acting unreasonably and who persistently or continually act in a way that has a detrimental effect on the quality of life of those in the locality” including for invasive non-native species like Japanese Knotweed. “This means if an individual or organisation is not controlling Japanese Knotweed or other invasive plants and could be reasonably expected to do so, the notice could be used after a mandatory written warning has been served beforehand to get them to stop the anti-social behaviour”. See here

A notice could require an individual or organisation to make reasonable efforts to make good the problems arising as a result of Japanese Knotweed within a specified period of time and/or a requirement to take reasonable steps to prevent future occurrence of the problem. Breach of any requirement of a Community Protection Notice, without reasonable excuse, would be a criminal offence, subject to a fixed penalty notice (which attracts a penalty of £100) or prosecution. On summary conviction, an individual would be liable to a level 4 fine. An organisation, such as a company, is liable to a fine not exceeding £20,000.

Michael Wiehahn from Invasive Vegetation Management (IVM) will complete a survey with a full report that can be attached to the Sale or Purchase of property. If Knotweed is present then Michael will also give you various options on how to best deal with the infestation.

IVM offers tailor-made eradication programs for Japanese knotweed, Giant Knotweed, Hybrid Knotweed and Giant Hogweed. All treatments undertaken by IVM are guaranteed.
IVM offer guaranteed eradication of Japanese Knotweed (JK) using the advanced IVM ‘FAST’ System, this system uses the latest application techniques and scientific research

IVM is now in a position to offer eradication of invasive weeds from private property at affordable prices on BBX.

As members of the Property Care Association (PCA), IVM and its staff adhere to the criteria as set out by the PCA, ensuring that we provide honest, expert advice and realistic, cost-effective eradication programs.

“membership has been formed by a group of leading industry experts who have formulated strict criteria for PCA membership. The implementation and monitoring of these standards will provide assurance that members listed as experts in the control and management of invasive species are capable of offering the highest levels of technical knowledge and practical skill” – PCA