The Problem

Although it rarely sets seed in this country, Japanese Knotweed can sprout from exceedingly small sections of rhizomes. Under the provisions made within Schedule 9 of the Wildlife and Countryside Act 1981, it is an offence to cause Japanese Knotweed to grow in the wild. Still not sure what Japanese knotweed looks like and how to identify it? Check out our blog for our tips and expertise.

The Legal Situation

Buying and selling property

Since 2013, the seller is required to state whether Japanese Knotweed (Fallopia japonica) is present on their property through a TA6 form – the property information form used for conveyancing. Your conveyancer or solicitor will be able to provide full legal advice, however, here is a summary:

If you are selling your house with Japanese knotweed, it is your responsibility to check the garden for the weed, (bearing in mind that it can die back in winter). The TA6 form asks you to confirm whether your property is affected by Japanese Knotweed and, where it is, to provide a management plan for its management from a professional company (see Seeking help from the professionals below).

If you are buying, the presence of Japanese Knotweed will be stated in the responses to the TA6 form. This often results in your mortgage lender requiring assurances that it will be managed before agreeing the funds. A management plan by a professional managment company, backed by an insurance backed guarantee for Japanese Knotweed, is usually sufficient. It is most common for this plan to be provided by the seller before the purchase is completed.

Whether a buyer or seller, it is also worth being proactive and checking the property for Japanese Knotweed. Disputes over the identity of a plant, the failure to disclose its presence, or the lack of a management plan can result in delays, increased costs later in the buying process, or even a possible misrepresentation claim after the sale, so this approach will help avoid problems.

New Legislation

An amendment to the Anti-social Behaviour, Crime and Policing Act 2014 includes invasive non-native plants including Japanese Knotweed. Here are some key points for how this affects the homeowner:

It is not illegal to have Japanese Knotweed in your garden, but on your property, you should aim to control this invasive non-native plant to prevent it from becoming a problem in your neighbourhood. If it has a “detrimental effect of a persistent or continuing nature on the quality of life of those in the locality”, the legislation could be used to enforce its control and property owners may be prosecuted.

Where problems with Japanese Knotweed occur in neighbouring gardens, we suggest that you speak or correspond directly with your neighbours (who may already be taking action to control this difficult weed). These informal steps should be taken before contacting your council to talk about action under the legislation.