After positive identification has been made of any Japanese knotweed infestation, it becomes necessary for other parties to be notified of the problem so that they have the opportunity to respond. In most Japanese knotweed compensation claims, legal action cannot be pursued until all parties have been informed of the infestation. Notifying authorities of Japanese knotweed on public land can also help to prevent the ongoing spread of the plant.

Is it illegal to not report Japanese knotweed in your garden?

It is not illegal to have Japanese knotweed in your garden, or on your land. If you have discovered the plant on your land then you are under no legal obligation to notify anyone about it or even treat the plant. You are, however, responsible for ensuring that the plant does not spread into neighbouring land, whether it be privately or publicly owned. You cannot see its growth and spread underground and if you are aware and do nothing, you leave yourself at risk of a claim being made against you.

Is Japanese knotweed notifiable?

Japanese knotweed is not a notifiable plant. Unlike some other invasive plants which require immediate action on the part of the landowner, the government does not have to be informed about the infestation, nor to your neighbour’s. You don’t have to report Japanese knotweed on someone else’s land either, however, you may choose to do so if you feel like the plant could enter your land, or if you feel like it is at risk of further damaging the environment.

When should you report Japanese knotweed?

You should report Japanese knotweed if you think that it is causing damage to your local environment if you think it might soon enter your property, or even if you think that it might not have been identified yet by local authorities. Although you are not legally required to do so, reporting Japanese knotweed to the appropriate authorities can help the government keep track of the ongoing threat of this invasive plant.

Do you have to notify your estate agent about Japanese knotweed?

You should notify your estate agent about Japanese knotweed on your land as soon as possible. If you’re planning on selling a property with Japanese knotweed then you should be as honest as possible with your estate agent. You will have a better chance to sell your property if the estate agent has access to all the information about it. They are legally obligated to present your home truthfully, so by failing to mention the infestation to them, you may risk endangering any future sale in addition to your business relationship with them.

Do you have to notify potential buyers about Japanese knotweed?

You must notify potential buyers about Japanese knotweed on your land, this is done using the TA6 Property Information Form which is filled out by property owners and given to prospective buyers so that they can have access to all the facts about the property. Failing to answer truthfully on this form can result in a claim of misrepresentation being put against you, and could also lead to a sale falling through, which can have a knock-on effect on any purchase that you might be planning on making yourself.

Must a surveyor report Japanese knotweed?

A surveyor must report Japanese knotweed if they identify it whilst carrying out their work. Regardless of whom is paying them for their services, surveyors have an ethical duty to report any invasive plant they might discover. RICS qualified surveyors are trained to look for Japanese knotweed, especially when they feel that the area that the property is located in is at particular risk of having the plant, there are occasions, however, when they miss it on their survey.

How do you report Japanese knotweed?

If you are planning on reporting Japanese knotweed then you may wish to make a few notes about the infestation before doing so. Whether you are telling the local authority or sending a formal letter to a neighbour or organisation, you are likely to get a better response by providing as much detail about the problem as possible.

For example, you may wish to include an estimate of how much land has been affected by the plant. Depending on where the land is, you could also take photographs of the plants and include these with the exact coordinates of the location. This can be of particular use when you are reporting a Japanese knotweed infestation that is in an isolated location, or along a footpath without any clear landmarks. You could also make a note of whether or not the infestation has been treated, or if it looks like an attempt has been made to remove the knotweed.

How do you report Japanese knotweed on neighbour’s land?

Reporting Japanese knotweed on your neighbour’s land to local authorities is a positive step towards stopping the plant from entering your land, however, it should only be done if you have first formally told your neighbour’s of the infestation.

If they choose to ignore your formal letter, then you’ll have evidence to support your request for a Community Protection Notice (CPN) from the local authority to enforce them to deal with the infestation on their property.

In order to obtain a CPN against your neighbour, it must be proven that they have refused to take reasonable steps to deal with the infestation. Before reporting the Japanese knotweed to any authorities, you should try talking to your neighbour first, it’s possible that you may be able to come to an agreement before having to escalate the matter further.

How do you report Japanese knotweed to your landlord?

You can report Japanese knotweed to your landlord by writing to them with as much detail as possible regarding the infestation. As with most discoveries of Japanese knotweed, it’s best to tackle any infestation as early as possible, to avoid costs of treatment potentially spiraling out of control.

Depending on the lease that you have signed with your landlord, you may find that you are liable for the costs of treatment. In the event of this happening, you may want to investigate the source of the infestation, as there could be a possibility that the knotweed entered from another property, making the owner of that property liable instead.

How do you report Japanese knotweed on neighbouring council land?

You can report Japanese knotweed growing on neighbouring council land by contacting your local authority directly. Local councils are subject to the same knotweed laws as any other organisation; therefore, they are prohibited to allow Japanese knotweed to spread from public land into privately owned land.

Many local councils have electronic systems in place to deal with maintenance requests from citizens. You should make sure to include as much detail as possible in your report regarding the severity of the infestation, as well as any photos you have to back up your claim. The sooner you put this report in, the sooner you’ll get a response; don’t wait for the infestation to get any worse before taking action.

How do you report Japanese knotweed on public land?

You can report Japanese knotweed that you’ve identified on public land by either contacting your local authority via their website or by using the Plant tracker app on your phone. The government actively encourages citizens to submit their sightings of Japanese knotweed, regardless of if it is on neighbouring land or not. As the invasive plant has continued to spread throughout the country, there is now a greater need for members of the public to report Japanese knotweed where possible, in order to curb its ongoing growth.

How do you report fly tipping of Japanese knotweed?

Report fly tipping of Japanese knotweed by calling the Environment Agency on their 24-hour freephone number (0800 80 70 60). Fly tipping any material that contains Japanese knotweed is a criminal offence that can be punishable with up to 2 years imprisonment and an unlimited fine on indictment. The most common reason for the fly tipping of Japanese knotweed is when construction firms do not want to pay for getting rid of the knotweed, this inevitably leads to new infestations rising, which can cost the affected landowner thousands to deal with.

How do you report Japanese knotweed to Network Rail?

You can report Japanese knotweed to Network Rail by calling their helpline (03457 11 41 41) or using their website. A landmark court case in 2017 set a precedent whereby Network Rail had to pay compensation to homeowners in South Wales, who were able to prove that Japanese knotweed encroaching onto their land from railway embankments caused the value of their home to diminish.

Since this case, Network Rail has been forced to spend over £1.2 million in Japanese knotweed treatment and compensation claims, however, some are reporting that they are still responding too slowly to requests. In the case that you do not receive a response from them, or they take a long amount of time to do so, then you may be able to claim compensation against them.

Remember, you do not need to report to Network Rail or any other body if Japanese Knotweed has come from their land on to yours, you can protect yourself by making a claim at any stage.

If you’ve found Japanese knotweed encroaching on your land, and are unsure of who to report it to, then please call us on freephone 03335 777 888, or send us a message using the contact form on our website.

Over the last decade, Japanese knotweed has developed a reputation for being one of the most aggressive, invasive plants to be currently blighting the country. However, despite the plant’s fearsome reputation, there can still be some confusion as to what it actually does. This article will explain what Japanese knotweed does from two perspectives: environmental and financial. The examples cited here should be considered within the larger context of Japanese knotweed cases, this plant can thrive in all sorts of environments, but no single infestation is the same.

What are the environmental impacts of Japanese knotweed?

Japanese knotweed has a number of physical characteristics which has made it particularly troublesome in the UK, chief of these is the incredible speed that it grows at. Whilst it does die back during winter, its peak growth during the summer can see it growing up to 20cm a day and 1.5 metres in the space of a week. Coupled with its incredible resilience, it’s unsurprising that the government has labelled Japanese knotweed as an invasive threat

Not only does Japanese knotweed grow fast, but it also spreads at an alarming rate. Although the plant does not propagate in the usual fashion in the UK (only the female of the species was imported to Britain in the 19th century), it spreads via an underground root system, comprised of rhizomes. Not only are these roots fast-growing, but they’re also capable of growing from the smallest of fragments, which was one of the driving factors behind the government making it a criminal offence to move soil that has been contaminated with the plant.

Unfortunately, despite the control measures that have been put in place, the spread of Japanese knotweed has continued to the point where the plant is estimated to an infestation for every 10 square kilometres in Britain, according to PlantTracker who produced data that helped build a map showing the spread of Japanese knotweed in the UK.

How deep are Japanese knotweed roots?

Japanese knotweed roots can develop a system that burrows up to 3 metres deep underground and a further 7 metres horizontally from where the plant breaks ground. The depth and complexity of this root system make it a difficult and costly task to remove completely. Whilst digging out the plant is considered to be one of the most effective methods of eradicating Japanese knotweed, the cost and disruption of doing so can be prohibitive to some.

Does Japanese knotweed smell?

Japanese knotweed does not have a particularly distinctive smell. Its scent is not considered to be one of its defining features and does not contribute to its undesirable reputation.

Is Japanese knotweed dangerous?

Japanese knotweed is not poisonous, nor does it pose any physical danger to animals or people. The plant does, however, pose a threat to native plants that are not as well equipped to compete with this foreign element. The environmental impact that this plant has on our own wildlife is often overlooked in favour of the financial costs of treating it. When the plant is allowed to thrive on public waterways or on disused industrial lots, it can quickly stifle the growth of any other plants growing nearby.

What are the financial impacts of Japanese knotweed

Setting aside the environmental impact of this invasive species,  an infestation can have serious financial implications for all involved. Homeowners discovering Japanese knotweed are faced with the knowledge that the value of their home will almost definitely depreciate. Developers who want to build on land with Japanese knotweed may have to completely redraw their plans, as they might have to pay for the complete removal of the infestation before they can go ahead with any construction. For example, plans for developments, in the lead up to the London 2012 Olympics, were delayed when a massive infestation was discovered on the proposed land. Teams spent four years getting the weed under control.

Perhaps most frustratingly, Japanese knotweed infestations can lead to wasted time and the collapse of property chains, which come with their own set of financial pitfalls. For example, often a prospective buyer may spend hundreds of pounds on surveying a property, under the impression that there is no Japanese knotweed present (according to the TA6 property form). On discovering a significant infestation and not wishing to take on the responsibility that comes with treating it, the buyer may drop out of the purchase, but there will be no legal recourse for them to recover the money that they spent on the survey as no form contract would have been signed.

All told, Japanese knotweed is estimated to cost the UK economy £166 million per year for treatment and in property devaluations.

What does Japanese knotweed do to a house?

Japanese knotweed does not necessarily ‘write off’ a house. How the plant affects the property will depend on the severity of the infestation and how close the plants are to the buildings. Although it’s possible to find evidence of Japanese knotweed literally breaking through into homes, this is rare and usually the result of a combination of poor building maintenance and a particularly aggressive infestation. Japanese knotweed’s predominant effect on a house is financial. In the average case of Japanese knotweed discoveries, the value of the property is diminished between 5-20%.

Can Japanese knotweed grow through concrete?

There is some photographic evidence to prove that Japanese knotweed can grow through concrete, however, this has only been noted to happen in scenarios where the infestation is particularly bad and the construction work is particularly shoddy. In extreme cases, Japanese knotweed is also know to disrupt independent structures such as garden sheds, greenhouses, fences. The plant can also slowly break through shoddy brickwork, paving and tarmac.

Can Japanese knotweed damage foundations?

It’s possible for Japanese knotweed to damage the foundations of a house, but this will only happen when infestations are long-established and there are already weaknesses in the building. In very rare cases, Japanese knotweed has been known to break its way through floorboards and skirting boards which can lead to a house being unsellable, as in the case of the Joneses in Broxbourne who were recommended to demolish their entire home. Their property’s value plummeted from £350,000 to £50,000 – a rare example but one which has had an impact on the industry at large.

Can you sell a house with Japanese knotweed?

It is legal to sell a house with Japanese knotweed, however, the invasive plant’s reputation often makes it difficult to sell up when the time comes to it. If you’re attempting to sell a property with Japanese knotweed then you should state that the property has been affected on the TA6 property form. Similarly, if you’re aware that the land has been treated at some point, even if the knotweed has died off, you should still mention it. Failing to mention or lying about your property being affected by Japanese knotweed could lead to a misrepresentation claim being brought against you.

Can you get a mortgage on a property with Japanese knotweed?

You can get a mortgage on a property with Japanese knotweed, but most mortgage lenders will first ask to see evidence of a knotweed management plan being in place. This plan will prove that you have hired a PCA-accredited removal firm to manage the removal of the plant, and will also be insurance backed, so that in the event that the firm goes out of business before the plan is complete, another company will carry on the work. Although some lenders have relaxed their stance on Japanese knotweed, there are some that still refuse to give mortgages for properties affected by it. Re-mortgaging properties that have recently become infested can also be difficult, depending on the lender that you’re dealing with.

Finally, a Japanese knotweed infestation can also be the root of tension and conflict between two parties, whether they’re neighbours, or strangers attempting to negotiate a sale. Due to the potential legal complications that can ensue from the discovery of Japanese knotweed, the plant can also be responsible for undue stress and pressure as individuals attempt to fight their corner without the legal help that they need to succeed. Without legal aid, parties can quickly become trapped in a frustrating back and forth with councils or organisations, this time wasted can only add to the pressure as both parties are aware that whilst the discussion is ongoing, the infestation is being allowed to continue growing.

If you’ve discovered Japanese knotweed on your land, or are currently locked in a dispute related to it, then we may be able to help. Give us a call or send us a message using the contact form, and we’ll get back to you with guidance on how best to proceed

Freephone 03335 777 888

The internet is filled with masses of information regarding Japanese Knotweed, and some of it can be particularly frightening. We receive dozens of phone calls every day, and many people as us to debunk myths that they have read online. Here are some of the most common, and why they are incorrect.

“You kill Japanese Knotweed by cutting it down and pouring bleach into it”

There are many different versions of this one using various different substances, but the answer to them all is no. The only substance we know to kill Japanese Knotweed is a glyphosate-based herbicide. Unfortunately, the herbicides which are available to the public are also not strong enough to do the job. The herbicide experts will use is 300x stronger than anything available for purchase by the public.

“You cannot get a mortgage on a property if it has Japanese Knotweed”

We receive many panicked telephone calls from people on both sides of the purchase who believe this to be true, but worry not, because we can help. We can support your enquiry with a Site Survey and Management Plan by an accredited firm, coupled with an insurance backed guarantee. If you have these documents in place from an accredited company, mortgage lenders will typically release the funds.

“Japanese Knotweed can break through concrete”

There are many horror stories littered across the internet regarding Japanese Knotweed, often about its strength and the damage it is capable of doing. Japanese Knotweed cannot break through a solid piece of concrete in a normal way. It will, however, seek out any cracks or weaknesses in any structure, and many properties will have small cracks or movements below ground caused by various things including subsidence and foundation settling. Like all plants, Japanese Knotweed seeks light when underground. Its rapid growth means that a small piece could find its way through a crack, and then push it open as it grows.

Japanese Knotweed is not a superhero, but should still be taken seriously.

Japanese Knotweed growing on a property based in Bristol has been the cause of a property firm being indicted with a hefty fine. The Japanese Knotweed affected 7 properties and Bristol City Council prosecuted MB Estate Limited which owned the offending property.

The presence of the Japanese Knotweed was not highlighted in house surveys undertaken by the owners of the affected properties, even though the plant was thought to be reaching 8 foot. Unfortunately for the buyers, they were unaware of the adverse effects Japanese Knotweed could cause on their properties and it was only when one homeowner Googled the plant that the severity of the situation became clear.

When the Anti-Social Behaviour, Crime and Policing Act 2014 came into effect, it was only then the local council were able to take action against the property management firm. The firm had various opportunities to take steps to remediate the invasive weed and unfortunately did not take adequate steps to prevent the legal action to be taken against them.

With cases such as Waistell v Network Rail making headlines recently, it has set a precedent for other homeowners who are affected by the troublesome weed that there are cautions in place to ensure encroachment does not occur, and where it does, redress through legal channels is now available.