Knotweed (Fallopia Japonica) was first introduced into this country for its aesthetic appeal to Victorian gardeners, its prolific propagation has meant it is now widespread throughout the UK and a problem for many property owners. In Maidstone we are aware of pockets of Japanese Knotweed, and certainly we are alert to the possibility of its presence.
It spreads rapidly both natural means and through human activity and can cause structural damage to buildings. Waste material from these plants is considered “controlled waste” under the Environmental Protection Act 1990 and must be disposed of at a suitably licenced or permitted waste site.
It is also an offence to plant or otherwise cause Japanese knotweed to grow in the wild. If identified then further investigation should be carried out by an accredited member of a recognised trade body such as the PCA or INNSA and a management plan prepared. All this said a recent article in the Telegraph indicated that the perceived risk of Knotweed may have been overstated making reference to the RICS to the Professional Standard paper released in 2022, which in turn referred to the 2020 House of Commons Publication which stated that, “attitudes are currently disproportionate to the physical risk posed by Japanese Knotweed”.
However, this does not mean complacency or that it will not be costly if not dealt with appropriately. Pre this report, a chartered accountant in 2017 was sued £200,000 for failing to declare Japanese Knowtweed when selling his south west London home in 2017.
More recently in 2023 a case has further highlighted the potential for problems and costly litigation. The issues in this case dated back to 2013 when a homeowner suffered ingress form a neighbouring property and although work had been completed to remove knotweed from the site “as best it can be” there had been residual diminution of value of the property. The homeowners claimed for damages of £4,900. This was finally upheld by the Court of Appeal. However, this cost pales into insignificance when the legal costs are factored in apparently amounting to around £300,000 for the Respondent! Perhaps a more pragmatic approach to the outcome of litigation to costs may be one lesson, but equally ignore the issues of Knotweed at your peril. Declare it if you know it exists and ensure you utilise the appropriate companies to manage its disposal!
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