Japanese Knotweed is a weed that spreads rapidly. The plant dies back to ground in winter but the bamboo-like stems emerge from rhizomes deep underground to shoot to over 2.1 meters by early summer. Under Schedule 9 of the Wildlife and Countryside Act 1981, it is an offence to cause Japanese knotweed to grow in the wild.
The Legal Situation
It is not illegal to have Japanese knotweed in the garden, but the owner must control this invasive, non-native plant to prevent it 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 owner of the property may be prosecuted pursuant to Anti-social Behaviour, Crime and Policing Act 2014.
A seller is required to state the presence of Japanese knotweed through a TA6 form (or other commercial enquiries such as CPSE 1 or 7) and if so, to provide a management plan for its eradication from a professional company. From the buyer’s point of view, the lender is likely to seek assurances that it will be eradicated before agreeing the mortgage. A management plan by a professional eradication company, backed by a transferable insurance-backed guarantee, is usually sufficient, and it is most common for this plan to be provided by the seller before the purchase is completed.
For example, HSBC requires any property with Knotweed within the boundary or on neighbouring land within 7 metres of the habitable space to have:
- A fully paid up treatment plan which has commenced with an appropriately qualified person or company such as an accredited member of an industry recognised trade association such as the Property Care Association and the Invasive Non-Native Specialists Association
- A minimum 10-year insurance backed guarantee can be provided on completion of the works.
Control
- Non-weedkiller control: although this is nature friendly, but even you can dig out this deeply penetrating plant without professional help, as classified as ‘controlled waste’, disposal of Japanese knotweed at licensed landfill sites might be problematic.
- Weedkiller control: it usually takes at least 3 or 4 seasons to eradicate it, but professional contractors, who have access to more powerful weedkiller may reduce this period by half.
Conclusion
A property with Japanese knotweed is difficult to sell so the onus is on a Seller to provide comfort to a buyer. The seller may be prepared to accept a reduction in purchase price, but this approach won’t necessarily provide the comfort required. As the buyer, it is advisable to make sure that a management plan is pre-paid by the seller, the professional contractor is an accredited member of the Property Care Association and a minimum 10 years insurance-backed guarantee is provided.
If you are buying the property with a mortgage then your solicitor will need to discuss the issue with your lender as they may have specific requirements which need to be satisfied before they will agree to release the mortgage funds (see above for example).
