Japanese knotweed on private land

I’ve found Japanese knotweed on my private land, what do I do?

The responsibility for dealing with Japanese knotweed found on private land rests with the landowner where the plant is growing. There are no laws that the Environmental Health department can use to control this weed on behalf of other landowners or on domestic properties.

I’ve found Japanese knotweed on land owned by Wirral Council, what do I do?

If Japanese knotweed is identified on council land, the council would be responsible to treating and preventing its spread.

What do I do if I have Japanese knotweed on my land?

It is not an offence to have Japanese knotweed on your property, but it is against the law to plant it or cause it to grow or spread to other land.

The Wildlife and Countryside Act 1981 requires you to prevent Japanese knotweed on your land spreading into the wild. You do not legally have to remove Japanese knotweed from your land but you must stop it from spreading into the wild or off your land onto neighbouring land and/or properties. Offences under this Act are normally investigated and enforced by the police (wildlife crime officers) and Crown Prosecution Service (wildlife coordinators).

You can also face civil action if Japanese knotweed spreads onto neighbouring properties or land.

Read further information on GOV.UK about what to do if you have Japanese knotweed on your land, how to stop it spreading and how to dispose of it.

I am a land owner, homeowner or business which has Japanese knotweed on my land due to neighbouring land not treating or controlling it. What should I do?

If the land is privately owned, then the responsibility for the control of this weed rests with the landowner or tenant of the land. You should approach your neighbour in the first instance to discuss how you can work together to treat and prevent and further spread of the Japanese knotweed.

Councils are not obliged to control Japanese knotweed on behalf of other landowners. Japanese knotweed that has been allowed to spread from neighbouring land onto your land could be viewed as a private nuisance and could be dealt with under common law as a civil matter in court.

Section 82 of the Environmental Protection Act 1990 provides some legal support if Japanese knotweed is causing a nuisance to private property. A solicitor or the Citizens Advice Bureau will be able to offer advice on how to take private nuisance action against a landowner where negotiations on control and eradication have failed. It may help to look at the court case of Network Rail Infrastructure Limited v Williams & Waistell [2018].

Environmental Authorities (defined as the Secretary of State, the Environment Agency, Natural England and/or the Forestry Commissioners) have powers under Part 4 of the Infrastructure Act 2015 in relation to environmental control of plant species. The Act gives the Environmental Authorities powers to deal with non-native invasive species by:

Species Control agreements - an agreement between environmental authorities and owners of premises to agree to carry out species control operations and;
Species Control Orders – used when the owner of premises fails to enter into an agreement or fails to comply with the agreement entered into.

These Environmental Authorities (stated above) can also carry out works in default, enter by warrant, and recover costs as appropriate.

Contact the Environment Agency for further information.

Dos and don'ts for Japanese knotweed found on private land

Do:

act quickly to identify
follow Government guidance on good practice to control Japanese knotweed
cooperate with neighbouring properties, businesses, and landowners
make a plan to eradicate Japanese Knotweed from your site
get permission from Natural England if the area is protected, for example sites of special scientific interest. Contact Natural England
use an approved herbicide. Use herbicides safely and effectively
obtain the approval of the Environment Agency prior to treatment if you intend to use an herbicide in or near water. Visit GOV.UK to make an application
follow the manufacturer's instructions regarding protective clothing and the safe and effective use of herbicides
take care to avoid drift, and any damage to non-target plants when applying herbicides. Spraying should be performed during still dry conditions, without rain for 6 hours
check qualifications - spraying on land which is not your own should be carried out by an approved contractor with a National Proficiency Tests Council Certificate of Competence

Don't:

don't fly-tip Japanese knotweed, and any other type of plants or materials which can adversely affect areas within the Wirral
don't contaminate composting sites or cause a risk to water, air, soil or animals
don't ignore Japanese knotweed on your land – it is your responsibility, if ignored, you could face legal action in the civil courts
don't flail Japanese knotweed as this could cause it to spread. Cutting with sharp hooks, slashers etc. or hand pulling is recommended to avoid any dispersal of cut fragments
don't try to dig up Japanese knotweed as this will lead to a significant increase in stem density. Even a tiny fragment of the cut stem is capable of regeneration
don't spread soil contaminated with Japanese knotweed stem. Any soil that is obtained from ground within 7 m of a Japanese Knotweed plant could contain root. The root is highly regenerative and will readily grow into new plants
don't chip Japanese knotweed material. Mechanical chippers don't kill Japanese knotweed. If you spread the chipped material on soil, Japanese knotweed could regrow
don't add Japanese knotweed to compost. Compost it separately (preferably on plastic sheeting to prevent rooting) so that you can be sure it is dead before you apply it to land
don't take Japanese knotweed to recycling centres that receive garden waste as it will contaminate the compost
don't dump garden waste contaminated with Japanese knotweed in the countryside
don't waste time. If Japanese knotweed appears on your land, treat it immediately. Don't allow it to become established
don't break the law. Remember, if you cause Japanese knotweed to spread you are guilty of an offence under the Wildlife and Countryside Act, 1981