You do not legally have to remove Japanese knotweed from your land unless it is causing a nuisance, but GOV.UK says you must stop it spreading off your property and that contaminated soil or plant material may be classified as controlled waste.

Your legal position as a landowner

GOV.UK’s guidance on stopping Japanese knotweed spreading, which refers to Environment Agency and Natural England processes in England, says you must stop knotweed on your land from spreading off your property. It adds that you do not legally have to remove it unless it is causing a nuisance, but you can be prosecuted for causing it to spread into the wild. Soil or plant material contaminated with non-native invasive plants such as knotweed can cause ecological damage and may be classified as controlled waste, which is why moving it needs care.

Why disturbance matters

GOV.UK explains that knotweed spreads through direct rhizome (root) growth and through new growth from pieces of stem and rhizome, with a new plant able to grow from a piece of rhizome as small as 1cm. Rhizome can remain dormant in the soil for many years and regrow if disturbed or if the soil is relocated. It says treatment usually takes at least three years. GOV.UK advises against treating knotweed yourself unless you have the appropriate skills and experience, and points to specialist companies.

GOV.UK notes there are four invasive knotweed species in the UK (Japanese, dwarf, giant and Bohemian hybrid knotweed) and that knotweed grows in most soil conditions, particularly in man-made habitats such as roadsides and waste ground, and commonly along rivers and streams.

Treatment with chemicals

Spraying or injecting stems with chemicals can be effective, and GOV.UK says only approved herbicides may be used. Depending on the site, you may need someone with a certificate of competence for herbicide use, a Control of Substances Hazardous to Health assessment, Natural England’s permission if the area is protected, and Environment Agency agreement if the plants are near water. To dispose of certain chemicals you may need an environmental permit or a waste exemption, and chemicals must go through a registered waste carrier to a permitted disposal facility. GOV.UK also refers to a regulatory position statement (RPS 178) on treating and disposing of invasive non-native plants; that statement says it does not change the legal requirement to hold a permit or register an exemption where one applies, though the Environment Agency will not normally take enforcement action over that requirement if you meet the statement’s conditions.

Burying knotweed on site

If you choose to bury it, GOV.UK says you must notify the Environment Agency at least one month beforehand. Knotweed material, including ash and soils that may contain propagules, must be buried on the site it came from, at a depth of at least 5 metres if you have not sealed it in a geotextile membrane, or at least 2 metres if you have. Any membrane must be undamaged, large enough to minimise seals, securely sealed, UV-resistant and expected to remain intact for 50 years. Dead brown canes can be composted on site if they are cut, not pulled, at least 10cm above the crown. GOV.UK suggests choosing a contractor with experience of burial and membership of an assurance scheme.

For hiring a specialist, GOV.UK lists accreditations and registrations to look for, including Amenity Forum membership and the BASIS professional and amenity training registers, and says many such firms belong to trade bodies such as the Invasive Non-Native Specialists Association or the Property Care Association.

Burning knotweed

A business that wants to burn Japanese knotweed must, according to GOV.UK, tell the Environment Agency at least a week beforehand, tell the environmental health officer at the local council, obtain a D7 “burning waste in the open” exemption, follow local byelaws and not cause a nuisance. An individual only needs to check with the local council that burning is allowed. GOV.UK warns that crowns and rhizomes may survive burning, so you must still follow the guidance for burying or off-site disposal. Our guides to waste carrier licences and duty of care explain the checks to make if anyone removes material from your property.

FAQs

Is it illegal to have knotweed in my garden?

GOV.UK says you do not legally have to remove it from your land unless it is causing a nuisance, but you must stop it spreading off your property and can be prosecuted for causing it to spread into the wild.

Can I put knotweed in my green waste bin?

GOV.UK does not say councils will accept knotweed in green waste, and it says contaminated plant material may be controlled waste. Ask your council and a specialist before moving or disposing of any material.

Does this apply in Wales, Scotland and Northern Ireland?

The GOV.UK guidance refers to Environment Agency and Natural England processes in England. Other nations have their own regulators and rules, so check locally.

Bottom line

Knotweed is manageable, but disturbing it can spread it and turn soil and plant material into waste that needs controlled handling. In England, do not move it casually: stop it leaving your land, use approved methods and a specialist where needed, follow the burial, burning and chemical-disposal rules and check with the Environment Agency if unsure. This is general information, not legal advice.

Sources

This guide draws on the following primary sources, current as of 20 September 2026:

• GOV.UK, “How to stop Japanese knotweed from spreading”
• Environment Agency via GOV.UK, “Treatment and disposal of invasive non-native plants: RPS 178”

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