Japanese knotweed Law

Learn about the legal measures that are in place regarding Japanese knotweed Laws. And to deal with Japanese knotweed in the UK. They include the Wildlife and Countryside Act 1981. Environmental Protection Act 1990. Anti-Social Behaviour. Crime and Policing Act 2014. Also, the Town and Country Planning Regulations and the Highways Act 1980, and understand the responsibilities of property owners to control and remove the invasive plants.

Grandfather Rights about pesticide use?

While it is not against the law to have Japanese knotweed on your Land

1. The Wildlife and Countryside Act 1981 (as amended) makes it an offence to plant or otherwise cause to grow Japanese knotweed in the wild.
2. The Environmental Protection Act 1990 (as amended) makes it a crime to knowingly deposit and dispose of the plant. Or knowingly cause or knowingly permit the deposit or disposal of controlled waste, including Japanese knotweed, in or on any land except by a waste management license.
3. The Anti-Social Behaviour, Crime and Policing Act 2014 gives local authorities, including the police. The power to take action against the owners or occupiers. If the land where Japanese knotweed is causing a nuisance or causing harm to the broader community.
4. The Town and Country Planning (Control of Advertisements) (England) Regulations 2007 require that the local planning authority permit any new advertisement, sign, or notice visible from a main road.
5. The Highways Act 1980 allows local authorities to remove any vegetation, including Japanese knotweed, that causes a danger or obstruction on a highway.

Please note

Suppose it is causing damage to a neighbouring property or causing a nuisance to the community. You can be ordered to take action to remove it and can be held liable for any cost and damage caused.

The difference between the “three-meter rule” and the “seven-meter rule.” 

The difference between the “three-meter rule” and the “seven-meter rule” in the context of Japanese knotweed concerns guidelines for surveyors assessing the plant’s impact on properties.

Valuers used the “seven-meter rule” to decide whether Japanese knotweed threatened a property. However, this rule has been abolished following new guidance from the Royal Institution of Chartered Surveyors (RICS), which reflects an updated understanding of the weed. The guidance suggests that Japanese knotweed poses little to no risk of structural damage to sturdy buildings with substantial foundations and that control rather than eradication may be a more appropriate objective​1​.

The “three-meter rule” seems to be related to the proximity of knotweed to a property’s boundary. Suppose Japanese knotweed is within three meters of a property’s boundary. In that case, it will fall into a specific management category, which requires surveyors to flag infestations within this range on neighbouring properties. It recognises the potential problems that can result from the encroachment of knotweed from adjoining land​

new guidance

🟣 Category A – Action Required (Management Category A)

Japanese Knotweed is within 3 metres of a building AND is causing damage or has potential to do so.

Indicators:

• Growth is seen within 3m of a habitable structure.

• There may be damage to walls, hard surfaces, or drains.

• Property may be harder to mortgage or sell without a management plan.

Implications:

• Professional treatment plan required (preferably PCA-accredited).

• Insurance-backed guarantee often needed for lending.

• Lenders may require reassessment post-treatment.

🟠 Category B – Advisory Monitoring (Management Category B)

Japanese Knotweed is within 3 metres, but no structural damage is present or likely.

Indicators:

• It’s close to a building, boundary, or path, but hasn’t caused damage.

• Slightly overgrown garden, fence line, or unmanaged areas.

Implications:

• Still requires a management plan and monitoring.

• Lenders may proceed if there’s a clear treatment strategy in place.

🟢 Category C – Observation (Management Category C)

Japanese Knotweed is more than 3 metres from any structure and shows no sign of damage or encroachment.

Indicators:

• It may be at the back of a garden, on a rear fence line, or on neighbouring land.

• Not currently posing a threat to buildings or access.

Implications:

• No immediate action needed.

• Monitoring and photographic records recommended.

• May still affect buyers’ perceptions but less likely to impact mortgages.

🔵 Category D – Not Present / No Evidence (Management Category D)

No evidence of Japanese Knotweed found on the property or nearby.

Implications:

• No impact on mortgage or property value.

• If overgrowth prevents inspection, a professional survey is recommended before ticking “No” on the TA6 form.

If you don’t follow Japanese knotweed laws 2024

You could face penalties such as fines or legal action. Japanese knotweed is considered an invasive species and is regulated by law in many countries, including the UK. Failure to control its spread can harm the environment and neighbouring properties. Properly managing and disposing of Japanese knotweed is essential to prevent its spread. Call us if you need more clarification about your Japanese Knotweed legislation situation.

If you would like more information regarding Japanese knotweed Law, Call Stephen on 07753682333