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The Infrastructure Act 2015 and Japanese knotweed
The Infrastructure Act 2015 expanded the powers of public bodies to tackle invasive non native species across the UK. Japanese knotweed is one of the plants directly affected by these changes.
The Act was designed to make it easier for authorities to prevent the spread of harmful species, particularly where they threaten infrastructure, public safety, or the environment.
For landowners, local authorities, developers, and contractors, the Infrastructure Act sets out when government bodies can intervene and what this means for the management of knotweed.
What the infrastructure act does
The Infrastructure Act introduced Species Control Orders (SCOs), giving authorities the power to require action when an invasive species poses a clear risk. These orders apply both to private land and public land, offering a legal mechanism to control plants like Japanese knotweed when voluntary cooperation fails.
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Species control agreements
Before issuing an order, authorities usually try to reach a species control agreement (SCA) with the landowner. This is a voluntary arrangement that sets out what action will be taken, how it will be done, and who is responsible. Most cases are resolved at this stage, with landowners agreeing to allow qualified contractors to undertake the necessary work.
Species control orders
If a landowner refuses an agreement or fails to carry it out, the authority can issue a species control order. This is legally binding. It allows authorised personnel to enter the land, carry out the necessary control measures, and recover costs from the landowner if required. For Japanese knotweed, this could involve excavation, herbicide treatment, or containment measures depending on the situation.
When species control orders may be used
- infestations threatening railways, roads, bridges, or embankments
- knotweed spreading onto protected land or sensitive habitats
- unmanaged waste sites containing contaminated soil
- failure to cooperate with management on publicly funded projects
What the infrastructure act does not cover
The infrastructure act does not require every landowner to remove knotweed. It does not give neighbours automatic rights to enforce action against each other. Nor does it replace the civil remedies already used in property disputes. Its scope is limited to environmental protection and the safeguarding of essential infrastructure.
Responsibilities for landowners
Landowners should understand that although species control orders are rare, they carry legal force. If an authority issues one, you must allow access and comply with the requirements. Failure to do so can lead to fines and the recovery of costs. Keeping knotweed under control and working with professionals ensures you remain on the right side of the law and avoid unnecessary intervention.
Where knotweed is located near roads, railways, or public assets, landowners should take proactive steps to prevent spread. This can include proper surveying, controlled herbicide treatment, or professional excavation. Unmanaged infestations in these areas increase the likelihood that authorities may intervene.
Working with professional contractors
Because species control orders often involve complex or large-scale treatment, authorities and landowners almost always rely on specialist contractors. Environet provides legally compliant excavation, removal, and treatment services, along with documentation demonstrating that the infestation has been properly addressed.
For landowners, particularly those preparing to sell or develop property, a clear record of professional management is essential. It demonstrates compliance, prevents delays, and reassures buyers, surveyors, and solicitors that knotweed is under control.
Why the infrastructure act matters
The introduction of species control orders helps prevent knotweed from spreading onto land where it can cause significant harm. Roads, railways, power stations, and water infrastructure are particularly vulnerable, and unchecked infestations can cause delays, increased maintenance costs, and long-term damage.
The Infrastructure Act ensures that authorities have the power to intervene when necessary, making it an important part of the UK’s invasive species management framework.
The Infrastructure Act and Japanese Knotweed FAQs
The Infrastructure Act 2015 introduced Species Control Orders, which give authorities the power to require action when invasive species such as Japanese knotweed pose an environmental or infrastructure risk.
Yes. If a voluntary species control agreement fails, authorities can issue a legally binding Species Control Order, allowing them to carry out control work and recover costs from the landowner.
No. Species Control Orders are only used when knotweed presents a wider environmental or infrastructure risk. They are not intended for private neighbour disputes.
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