Bamboo – is it the New Japanese Knotweed?

When someone mentions bamboo, you would usually associate this with the tropical rainforest or pandas. However, bamboo is becoming increasingly problematic to homeowners and seems to be following suit with the plant Japanese knotweed.

Legally, the only difference between the two is that Japanese knotweed is classed as a controlled plant under the Wildlife and Countryside Act 1981 and bamboo is not. Both plants are invasive, however, and can be considered a legal nuisance at common law.

Bamboo and property

There are two distinct types of bamboo: clumping and running

It is running bamboo which can cause significant destruction to a property as the root system is extensive. Running bamboo tends to grow more quickly and aggressively than non-running (clumping) varieties.

Cases have shown shoots of bamboo creeping through skirting boards, out of the chimney breast, through floorboards, and even forcing walls apart. Bamboo shoots are so strong that they can penetrate through concrete, tarmac and cavity walls.

Bamboo is highly likely to be flagged up on any home buyer survey. In extreme circumstances, it may also make it difficult to get a mortgage on a property.

If homeowners wish to plant bamboo, they are advised to choose a non-invasive species and take preventative measures such as regularly maintaining the bamboo to reduce the spread and using root barriers.

Property owners can be held liable if bamboo from their property spreads to a neighbouring property and causes damage. Under the law of private nuisance, your neighbour could potentially take legal action against you should bamboo cause damage to your neighbour’s property.

Even though there is no current requirement to declare bamboo, it can still impact the value of a property, sometimes by a reduction of as much as 15%.

Japanese knotweed

This plant develops clusters of spiky stems with small cream or white flowers. The leaves are green in colour and display a flat, heart or shovel shape. Japanese knotweed can remain dormant for as long as 20 years before any disturbance in the ground occurs and encourages growth. The root of the plant can spread as far as seven metres across and two metres deep. It can grow up to 10cm per day. It can alter waterways and facilitate erosion and flooding. Simply pulling at or the partial removal of Japanese knotweed can increase the risk of spreading.

Sellers have a legal obligation to disclose the presence of Japanese knotweed to any prospective purchasers. The presence of Japanese knotweed can have a significant impact on the value of a property should it be present. In some extreme cases, properties have been known to lose 10% to 20% of their value due to the presence of this plant.

Under UK law, Japanese knotweed is legally classed as a controlled plant. It is not deemed illegal to have on your property, however it’s against the law to cause or allow the plant to spread in the wild. You can be prosecuted or given a community protection notice for causing a nuisance if you allow it to spread to a neighbouring property.

As with bamboo, you could face an action in nuisance if you allow Japanese knotweed to spread onto a neighbour’s land. You could be held liable for damage to property, cost of removal and the potential devaluation of their property. You could also face injunctive action to prevent it from spreading again in the future.

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