Table of Contents
Want to Find Out How to Report Japanese Knotweed?
Once the presence of Japanese Knotweed has been identified by a specialist it is then that it becomes important to ensure that all other relevant parties are notified of the problem. For example any neighbouring properties or land.
Below, we have answered any questions you might have in regards to when you need to tell someone about your infestation.
Do I have to declare Japanese Knotweed?
It is not illegal to have Japanese Knotweed on your property land/garden, however it is illegal to allow the Japanese Knotweed to encroach/spread into any neighbouring gardens/land, either privately or publicly owned.
To proceed with any Japanese Knotweed legal claim, all parties must be informed of the infestation.
Do I have to notify anyone?
If and when Japanese Knotweed is identified, unlike other invasive plants that require immediate attention on the part of the landowner, Japanese Knotweed does not have to be reported to the government. So you are not required to report Japanese Knotweed. However, if it is growing and causing damage or other anti social behaviour to neighbouring property and land, it may be best to get the ball rolling for treating it (landscaping schemes won’t help – it needs professional treatment).
So when should I report it?
If Japanese Knotweed is causing damage to the environment or is at risk of encroaching onto your property, although you are not legally required to report this, it may be a good idea to report this to the appropriate authorities to assist with the tracking of the spread of this invasive plant.
We’re selling our home – do we have to tell our estate agents?
When selling a property that has Japanese Knotweed, you must always be honest with the estate agency as this will increase the chances of the property sale going through smoothly. As and when you identify Japanese Knotweed on any property you are selling this is to be communicated with the estate agent as early as possible.
We are selling our property and it has Japanese Knotweed. Do we need to tell potential buyers?
When selling a property you will be asked to complete a TA6 Property Information Form which details all the facts regarding the property you are selling.
If you do not answer the questions truthfully on this form, it can result in claim of misrepresentation being put against you. This could also have an impact on the property sale which could fall through and cause delays to the ongoing purchases/chain.
The neighbouring property has Japanese Knotweed – how do we report it?
If Japanese Knotweed is identified on your neighbour’s property or land before reporting this to local authorities , you should always formally notify the property/land owner. This gives them the opportunity to take action. If they choose to ignore the letter, then you can use this as 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/land.
CPN – To obtain a CPN you will need to prove that the property/land owner has not attempted to deal with the infestation.
It is always recommended that neighbours talk to one and other to try to come to a mutual agreement before any escalations are made as this could be better for both parties financially. For example splitting the costs for a joint management plan to treat the Japanese Knotweed if this is present on both parties property/land.
How do you report Japanese Knotweed to your landlord?
If you identified Japanese Knotweed and you wish to notify a landlord, you must include as much details as possible regarding the infestation so size, location and photographs if possible. This information can be shared with your landlord in writing.
It is always best to notify the landlord as early as possible to prevent any infestation of the non native plant spreading and causing additional costs for treatment.
Dependent on your tenancy agreement that both parties will have signed and agreed will depend on who is responsible for the costs of treatment.
I want to notify my local council – how?
Most councils will have a website which you can refer to and a section within the website relating to Japanese Knotweed.
If you feel that Japanese Knotweed has encroached onto your property/land from council owned land/property then you may be able to claim for compensation to cover the costs of treating the infestation.
How do you report Japanese Knotweed on neighbouring council land?
Always contact your local council in the first instance to report Japanese Knotweed, and include as much information as possible. If you can take some photographs to provide to the local council to back up your claim.
How do you report Japanese Knotweed on public land?
If you identify Japanese Knotweed on public land, you can contact local authorities to make them aware. This gives them the opportunity to assist in the prevention of ongoing growth spread of this invasive plant, whether it be on road verges or grassed areas.
How do you report fly tipping of Japanese Knotweed?
If you suspect any fly tipping of Japanese Knotweed you should make contact with the Environmental Agency. It is a criminal offence to fly tip material that contains Japanese Knotweed, this offence is punishable with up to 2 years imprisonment and an unlimited fine.
Fly tipping of Japanese Knotweed is common with commercial sites that do not want to pay for the treatment of Japanese Knotweed so they excavate and fly tip the rhizomes and plant which inevitably leads to spreading and can results in thousands of pounds worth of costs for other affected land owners.
I want to report Japanese Knotweed to Network Rail – How?
Network Rail have a helpline that can be used when reporting Japanese Knotweed – 03457 11 41 41.
Network Rail can be very slow when responding to claims/requests regarding the invasive non native Japanese Knotweed. If you have a issued a request to Network Rail and have not received a response, you maybe entitled to claim compensation against them – find out more by visiting our claims page or fill in the form to get started!
If you’re unsure about anything you’ve read or you just need some advice or information, please do not hesitate to call us on: 0800 689 4146. Don’t forget, we are members on the industry body, the PCA – we can help with your knotweed problem and can legally deal with contaminated soil and other waste.
