Japanese Knotweed. Japanese Knotweed Law and Legislation is very clear. The Law Society has amended its explanatory notes accompanying the TA6 conveyancing form which will prompt a “sharp increase” in sellers answering “not known” to the Japanese Knotweed question. If the Japanese knotweed is deemed to less than a ‘safe distance’ from the property itself then they will ask for proof of either remedial work having been completed, or that a Japanese knotweed treatment plan is in place. Under the Wildlife and Countryside Act 1981, it is an offence to plant or cause Japanese Knotweed to grow in the wild.So if you allow Japanese Knotweed to spread from your land you may wind up facing a fine of £5,000 or even a prison sentence, since this law can be enforced by both the police and local authorities. Whether you have recently bought a house and discovered Japanese knotweed or are worried about Japanese knotweed on adjoining land our Japanese knotweed solicitors will be able to advise you. We have successfully gained compensation for a large number of clients and our knowledge of Japanese knotweed law is unparalleled. The Japanese knotweed and its rhizomes presence impose and immediate burden on landowners who face an increased difficulty in their ability to develop, and in the cost of developing, their land, should they wish to do so, because of the difficulties and expense of eradicating Japanese knotweed from affected land. Giant knotweed leaves are generally twice the size of the other 3 species. Japanese Knotweed, the law and you. We are an environmental company specialising in all types of land remediation, based in Co Kerry and we cover the whole of Ireland with our services. Causing Japanese knotweed to … This places a new onus on buyers to make their own enquiries into whether a property is affected. Leaving trails or entering areas containing Japanese knotweed can encourage the spread of this plant. The Wildlife Order (NI) 1985. Japanese Knotweed, commonly known as Asian Knotweed, is recognisable by its pretty heart-shaped green leaves and red stems. Prevent spread of Japanese knotweed. Identify Japanese knotweed. Japanese knotweed is an invasive species which can cause damage to property and render houses difficult to sell. In fact, this plant can cause serious damage and devastation to foundations, roads, paving, retaining walls and agricultural land. To make matters worse, research indicates that very few people are readily able to identify Japanese knotweed. Irish Law Simply put, if you directly or indirectly cause the spread of Japanese Knotweed or any other non-native invasive plant species listed under the Third Schedule of the European Communities (Birds and Natural Habitats) Regulations 2011 [SI. Since it was introduced as an ornamental plant in the 19th Century from Japan, it has spread across the island of Ireland, particularly along watercourses, transport routes and waste grounds where its movement is unrestricted. Recently, though, the law has joined the fight against Japanese Knotweed on two fronts. Japanese Knotweed is on the rise across Northern Ireland, an invasive non-native weed, it is known for spreading rapidly and is strong enough to break concrete. Yet, Japanese Knotweed’s extraordinary powers of growth (the weed can grow 20cm in one day) and ability to penetrate concrete have caused havoc for property owners and the foundations of their homes. Look up the regulations concerning Japanese knotweed in your area. A distinguishing feature of Japanese knotweed is the zigzag pattern in which leaves are arranged along the plant’s arching stems. The Japanese Knotweed infestation in Cork is a real epidemic. How to identify Japanese knotweed.. Japanese Knotweed Claims. It is against the law to buy, sell, trade, propagate or purposely grow Japanese knotweed. The dreaded Japanese Knotweed has long been the bane of property owner’s lives and, although awareness of it is rapidly growing, many are unaware of the legal and practical implications of Japanese Knotweed. The Post Office and Bank of Ireland expect their valuers to make their decisions based on the RICS guidance. SCHEDULE 9 WILDLIFE AND COUNTRYSIDE ACT OF 1981. The Japanese Knotweed Key Legal Case – Williams and Waitsell v Network Rail. Under the Wildlife and Countryside Act 1981, Japanese knotweed growth can lead to the criminal prosecution of an owner or occupier if they do not handle the plant in accordance with the law. Japanese knotweed management falls under numerous laws and acts concerning the way in which it is treated and disposed of, due to its damaging ability to spread aggressively if mishandled. Northern Ireland departments and local councils have no legal responsibility for the removal of Japanese Knotweed on any private land, nor can they compel a landowner to remove it from their own land – this is considered as a civil matter dealt with by common law. Reynoutria japonica, synonyms Fallopia japonica and Polygonum cuspidatum, is a large species of herbaceous perennial plant of the knotweed and buckwheat family Polygonaceae. — THE LAW IN ENGLAND AND WALES. We can safely and effectively remove Japanese Knotweed throughout Northern Ireland : What’s the big deal? Control systems and banning the sale of Japanese – Knotweed was introduced & now it is controlled by a raft of government legislation, which to this day, is still being ignored in many cases. If you have Japanese knotweed on your property you must not allow it to spread to neighbouring gardens/sites. If SEPA agree to you using this method you must clear all of the leaf and stem material above ground and remove all of the roots and fibres in the ground along with any soil or earth that contained the roots and fibres as this will be contaminated. Knotweeds spread rapidly through root systems that may extend from a parent plant up to 20 metres laterally and up to a depth of 3 metres. In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers. This can result in civil prosecution. It is an offence to plant or otherwise cause to grow schedule 9 species (Japanese Knotweed is classed as a schedule 9 species) in the wild, punishable by fines or imprisonment; If it can be shown that a schedule 9 plant has spread from a landowners property onto another property, then the … Our team has experience with liasing with Government Departments on the Island of Ireland. Japanese Knotweed Removal Training has a team of Contaminated Land & Invasive Species Experts delivering training in Ireland on the Control of all Invasive in particular Japanese Knotweed. The laws and legislation regarding Japanese Knotweed differ depending on which part of the UK you are in. No. As determined by the Court in the decision of Williams and Waitsell v Network Rail, owners have a duty of care to ensure that Japanese Knotweed does not spread from their land. To date there have been no reported cases of knotweed actions in Ireland but it can only be a matter of time as the spread of knotweed is endemic throughout the country. KNOTWEED LAW. Generally having any invasive species listed under annex 2 of the S.I. Now, when selling a property, you can only answer 'no' if you are certain there is no Japanese knotweed within 3 metres of the property boundary.. Stay on designated trails and keep pets on a leash. Image: Horticulture Week Japanese knotweed is the cause of approximately £170 million worth of home repairs in the United Kingdom every year and is causing problems for developers and private homeowners. You must not cause Japanese knotweed to grow in the wild. Japanese knotweed UK law. Property owners therefore need to be alive to the risks that it can create. Because Japanese knotweed is classified as “controlled waste” by the 1990 Environmental Protection Act, many places, like the United Kingdom, require you to dispose of it at a licensed landfill site. Japanese knotweed Japanese knotweed (Fallopia japonica), is an invasive herbaceous perennial (a plant that can live more than one year). Prevent Japanese knotweed is a perennial plant that can grow up to 10cm a day during the summer expect... The TA6 form 's Japanese knotweed spreading into the wild or causing a nuisance, research indicates very. 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