It is reported that banks are becoming increasingly reluctant to lend against properties that could be affected by the spread of Japanese Knotweed. Once imported as an ornamental plant for landscaping, Japanese Knotweed is now listed in Schedule 9 of the Wildlife and Countryside Act 1981, making it an offence to allow the plant to spread or cause a nuisance. However, there is currently no obligation (in England and Wales) requiring existing landowners to treat or remove outbreaks on their own land. The Law Commission report Wildlife Law: Control of Invasive Non-Native Species, concluded that such species pose a significant threat to both biodiversity and the economy – the cost of removing Japanese Knotweed during construction of the Olympic Park pre-2012 is estimated to be c£70m. The 2014 Infrastructure Bill proposes to amend the 1981 Act so that, where agreements cannot be reached between landowners, an order can be made to compel landowners to control invasion of non-native species or otherwise grant the authorities the right of entry to survey or carry out remedial works. Failure to comply with such an order would be a criminal offence. But a word of warning for sites earmarked for development – Japanese Knotweed can lay dormant for up to 20 years, so even it the invasion has been treated and apparently killed-off, the soils affected will still be considered to be a controlled waste or the soils may require further remediation.

