Japanese Knotweed Law and Legal Responsibilities in the UK

Japanese knotweed is regulated under several key pieces of UK legislation. These laws cover its control, disposal, and the responsibilities of landowners to prevent its spread. Below is a clear summary of the current legal framework.

Wildlife and Countryside Act 1981

Under Schedule 9, Section 14, it is a criminal offence to:

• plant Japanese knotweed
• cause it to grow in the wild (including accidental spread)

Environmental Protection Act 1990

Japanese knotweed is classified as controlled waste. This means:

• It must be disposed of at a licensed landfill site.
• Contaminated soil must be handled as controlled waste.
• Waste Transfer Notes and correct EWC codes are required.
• Duty of Care Regulations apply to all handling and transport.

Anti‑Social Behaviour, Crime and Policing Act 2014

Authorities may issue a Community Protection Notice (CPN) if:

• knotweed is not being controlled
• it negatively affects neighbouring properties

Civil Liability & Neighbour Disputes

You may be held liable if knotweed spreads from your land. Claims may include:

• remediation costs
• legal fees
• loss of property value

Property Sales, Mortgages & RICS Guidance

Lenders typically require:

• a professional management plan
• a 10‑year insurance‑backed guarantee
• evidence of ongoing treatment

Control of Pesticides Regulations 1986

Anyone applying herbicides must:

• use approved products
• follow HSE and manufacturer guidance
• protect people, wildlife, and watercourses
• obtain EA approval for treatment near water

Allowing knotweed to spread or failing to dispose of it correctly can result in civil action, enforcement notices, or prosecution. Proper management and documentation are essential to remain compliant with UK law.