The Local Authority is only responsible for controlling Japanese Knotweed that is growing on land in its ownership. It does not have any legal responsibility or the authority to treat private or unregistered land. Responsibility for controlling Japanese Knotweed nearly always lies with the Landowner unless the Leaseholder is responsible for land management.
In 2023 The Royal Institute of Chartered Surveyors (R.I.C.S) published a new legislation for Japanese Knotweed and the following procedure should now be followed when dealing with Japanese Knotweed on private land affecting neighbouring properties:
Where Japanese Knotweed is present on privately owned land the reporting person must first make contact with the land owner by means of letter to make them aware of the Japanese Knotweed, and discuss the option of a treatment plan being put in place to eradicate the Knotweed. If this is not an option, i.e the property is unoccupied, there are no details for the land owner (if rented) on the land registry website, or if the land owner is refusing to look in to this option then the reporting person will need to make contact with a reputable company who deal with Japanese Knotweed in order to get a report drafted. This report should outline the category that the Japanese Knotweed falls into under the new legislation from March 2023.
Should the Knotweed fall in to category “A” or “B” then the reporting person can make contact with the Community Safety Department on publichealthcommunitysafety@rctcbc.gov.uk with evidence of the report outlining the category that the knotweed falls under.
The Community Safety Department can then assist with further action by means of warning letters, Community Protection Warning Notices, Community Protection Notices, and if not adhered to Fixed Penalty Notices.
Unfortunately, the Community Safety Department cannot become involved in any Japanese Knotweed cases on Private owned land, until we have evidence of the category from a reputable company. The Community Safety Department will not fund any treatment for Japanese Knotweed that is on Private land.