In the 1840s, Phillip von Siebold, a physicist and botanist introduced Japanese Knotweed into the country and sold it as an ornamental garden plant.

The plant spreads rapidly. It can spread to over 2 metres deep and 7 metres laterally in all directions, growing at a rate of up to 40 mm a day, potentially causing damage to buildings and flood defences as well as invading  our natural habitats. 

Although it is not offence to have Japanese Knotweed growing on your own land, under the Wildlife and Countryside Act of 1981, it is an offence under section 14 for any person to cause the plant to grow in the wild. If found guilty, there is a hefty fine of  £5000 and/or a 6 months term of imprisonment, or on indictment to the Crown Court, an unlimited fine and 2 years imprisonment.

Developer clients be warned!!  It is costly to have the Knotweed removed (due to the spread of the roots and the regulations surrounding disposal) and if you leave just 0.7 of a gram fragment behind, it can regrow within 10 days.  Japanese Knotweed is considered to be hazardous waste and must be disposed of accordingly.

Check the site carefully before you buy and make sure you put proper arrangements in place for digging up and for disposal. Refer to the Environment Agency’s Japanese Knotweed Code of Practice which is available on the website - https://www.gov.uk/guidance/prevent-japanese-knotweed-from-spreading.

Residential clients could also face claims of Nuisance under common law if they allow the plant to spread onto neighbours land and could face damages and/or an injunction.