You could be fined £30,000 because of damaging Japanese knotweed – here’s how to make sure your garden is safe
HOMEOWNERS could face a hefty £30,000 fine if there is Japanese knotweed – here’s how to make your garden safe.
Garden experts have issued a warning about the invasive plant as there are more than 50,000 infestations in the UK.
People are urged to be on the look-out for it this spring.
The co-founder of Power Sheds, Jack Sutcliffe, said: “It’s important to prevent them from spreading as soon as possible.
“The easiest way to do this is by spraying them with chemicals, digging them out or burning them.”
Japanese knotweed is one of Britain’s most invasive plants.
It has bamboo-like stems and produces clusters of small white flowers.
The plant grows and spreads rapidly and can cause significant damage to property and infrastructure.
It is difficult to eradicate once it has become established.
The experts say it is important to bring in professional help to remove it, as even the smallest piece left in the ground can regrow.
Anyone hoping to sell their property is urged to get a professional survey done by an RICS surveyor.
This will help protect you from any potential legal action from the buyers if knotweed is later discovered on the property.
Fines for the Japanese knotweed can go up to £34,000, but a recent lawsuit against a seller whose property had the plant came to £200,000.
If a landowner has knotweed growing in the garden of their property they should make every effort to control the knotweed and prevent the weed from spreading onto a neighbouring property.
If they fail to do this they could be held responsible for the damage caused by the encroachment.
If you are able to prove that your property is affected by knotweed because of encroachment the landowner of the adjacent property could be held responsible.
Anyone who is thinking of taking possible action against a landowner for knotweed encroachment is initially urged to give the landowner the opportunity to deal with the problem.
You should ask your neighbour to effectively treat the knotweed not only on their land but also on your property in order to deal with the problem and ideally the remedial action they choose should include a suitable guarantee.
It is best to put this down in writing.
You may also need to get a specialist survey done.
This will provide a written document that will accurately identify the knotweed and its location.
Should the neighbour not comply with the notice, a claim for “nuisance for encroachment” can be pursued through legal channels.
Under the Anti-social Behaviour, Crime and Policing Act 2014, a Community Protection Notice (CPN) can be used to require someone to control or prevent the growth of Japanese knotweed or other plants that are capable of causing serious problems.
The government also provides information on its website about the disposal of Japanese knotweed.
It states: “You must dispose of Japanese knotweed waste off-site by transferring it to a disposal facility that’s permitted, e.g. a landfill site that has the right environmental permit.”
“You must prevent Japanese knotweed on your land from spreading into the wild and causing a nuisance.
“You could be fined up to £5,000 or be sent to prison for up to 2 years if you allow contaminated soil or plant material from any waste you transfer to spread into the wild.”
This means if you cut back knotweed or dig it up and take it to your local waste and recycling centre that does not have the right environmental permit, you could be fined or sent to prison.
