The Japanese Knotweed Problem and its Legal Consequences
Japanese knotweed (Fallopia japonica) is one of the UK’s most invasive plant species. Its rampant growth, ability to damage buildings and infrastructure and resistance to treatment have made it a nightmare for property owners across Britain.
In recent years, the laws surrounding Japanese knotweed have changed significantly. The Anti-Social Behaviour, Crime and Policing Act 2014 was a game changer in terms of how the law deals with invasive species like knotweed. This has given local authorities and the police new powers to deal with knotweed infestations, particularly when they affect neighbouring properties or community areas.
For property owners, it’s no longer optional to understand this law – it’s compulsory knowledge that could prevent them from being landed with big legal bills and disputes with their neighbours.
For a comprehensive understanding of all relevant legislation, we recommend reading our complete guide to Knotweed UK Law.
Anti-Social Behaviour, Crime and Policing Act 2014: Key Points
The Anti-Social Behaviour, Crime and Policing Act 2014 was designed to give communities more tools to tackle all sorts of anti-social behaviour. Most people think of the Act as being about noise complaints, littering or public nuisance. However, it also covers environmental issues like invasive plant species.
The Act replaced several old orders and notices with new, more flexible powers. For Japanese knotweed, specifically, Community Protection Notices (CPNs) are relevant. These can be issued by the local authority or the police to prevent unreasonable behaviour that affects a community’s quality of life.
Community Protection Notices work like this:
- They can be issued to individuals aged 16 or over, businesses or organisations.
- They require the recipient to stop doing specific things, start doing specific things or take specific steps to prevent or reduce the effect of their behaviour.
- Breach of a CPN is a criminal offence with fines of up to £2,500 for individuals or £20,000 for businesses.
Japanese Knotweed – “Anti-Social Behaviour”
Under the Act, allowing Japanese knotweed to spread from your property to adjacent land can be considered anti-social behaviour. This recognises how much damage knotweed can cause to neighbour’s properties and community areas.
A breach occurs when:
- You have Japanese knotweed on your land.
- You don’t take reasonable steps to control or remove it.
- It spreads (or will spread) to neighbour’s properties.
Legal Responsibilities for Property Owners
If you own property in the UK, your Japanese knotweed responsibilities include:
- Preventing spread: You must take reasonable steps to prevent knotweed from spreading beyond your boundary.
- Disposal: Japanese knotweed is classed as “controlled waste” under the Environmental Protection Act 1990, so it must be disposed of at licensed landfill sites with the right documentation.
- Responding to notices: If you receive a Community Protection Notice, you must comply within the specified timeframe.
Fines for non-compliance can be severe. As well as the initial fines of up to £2,500 for individuals or £20,000 for businesses, property owners can also face:
- Civil claims from affected neighbours
- Reduced property value
- Difficulty selling the property, as knotweed must be declared to potential buyers
- Ongoing legal costs if the issue is not resolved
Most CPNs will specify a reasonable timeframe for action, usually between 14 and 28 days. But this can vary depending on the severity of the infestation and time of year.
Responding to a Community Protection Notice
If you get a Community Protection Notice for Japanese knotweed, follow these steps:
- Don’t ignore it – CPNs are legally enforceable, and failure to respond could lead to criminal prosecution.
- Get expert advice – Contact a PCA (Property Care Association) accredited Japanese knotweed expert straight away to assess the situation.
- Create a management plan – Work with specialists to produce a documented plan to control or eradicate the knotweed.
- Keep the issuing authority informed – Inform the local authority or police of what you’re doing.
- Keep records – Keep records of all assessments, treatments and correspondence about the knotweed.
If you think the CPN has been issued unfairly, you have 21 days to appeal. Grounds for appeal include:
- The behaviour hasn’t happened or isn’t as described
- The behaviour isn’t unreasonable
- The requirements in the notice are unreasonable
- You haven’t been given enough time to comply
To show you’re complying with a CPN, you’ll usually need to provide evidence of professional assessment and treatment following an approved knotweed management plan.
Professional Solutions and Best Practices
When it comes to Japanese knotweed, professional solutions are the way to go:
- Professional surveys: A specialist will confirm the presence of knotweed and assess the extent of the infestation.
- Treatment methods: Depending on the situation, specialists will recommend herbicide treatment, excavation and removal or on-site burial.
- Long-term management plans: The most effective knotweed solutions involve multi-year treatment programmes that are monitored continuously.
You must use PCA-accredited specialists who offer insurance-backed guarantees. DIY never achieves 100% eradication and may not meet the requirements of a Community Protection Notice.
At Knotweed Services, we offer full solutions that meet all the relevant legislation, including the Anti-Social Behaviour, Crime and Policing Act 2014. Our treatment programmes will eradicate the knotweed and provide the documentation to prove compliance.
What Now? Next Steps for Concerned Property Owners
Understanding how the Anti-Social Behaviour, Crime and Policing Act 2014 applies to Japanese knotweed is an important first step for any property owner. If you suspect you have knotweed on your property, taking prompt action is essential—not only to meet your legal obligations but also to protect your property’s value and your relationships with neighbours.
Remember that early intervention is always more cost-effective than dealing with the consequences of a mature infestation or responding to a Community Protection Notice.
If you’re concerned about Japanese knotweed on your property or have questions about your legal obligations, contact our team of specialists today. We can provide expert guidance on identification and treatment options and ensure your compliance with all relevant legislation.
