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Japanese knotweed

Japanese knotweed causes a lot of problems in the UK, but you might be surprised to learn that this invasive species is NOT notifiable.

This means that, if you find Japanese knotweed in your garden, you are NOT legally required to notify the authorities. It is not an offence to have Japanese knotweed on your property as long as you are not allowing it to spread.

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Garden spades in the soil

We usually treat Japanese knotweed by spraying the leaves with herbicides. A typical knotweed treatment programme consists of multiple herbicide applications over a period of 3 years, followed by a 2-year monitoring period to ensure that the problem is under control.

If time is of the essence, excavation is a quicker (but more expensive) alternative to the above. Heavy excavation machinery is used to dig up the affected area; this may be combined with spraying for optimum results.

Learn more about our Japanese knotweed treatment plans

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The TA6 form's Japanese knotweed question was revised in February 2020. Now, when selling a property, you can only answer 'no' if you are certain there is no Japanese knotweed within 3 metres of the property boundary.

In this blog post, we'll take a closer look at the recent TA6 form change and what it means for buyers and sellers.

Filling out a form

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A row of terraced houses - selling a house with japanese kntoweed, can you sell a property that has knotweed

Selling a house whose garden is infested with Japanese knotweed is a tricky proposition. Japanese knotweed can have an impact on the value of a property, and make your home less desirable in the eyes of potential buyers.

It may be tempting to just play dumb and pretend you're unaware of the invasive species in your back garden, but if you conceal the fact that there is Japanese knotweed on a property you're selling, you may be breaking the law.

Whether you're a homeowner or an estate agent, here are some tips to help you complete the sale AND stay on the right side of the law.

 

First, make sure it actually IS Japanese knotweed.

If you think there's Japanese knotweed on a property you're trying to sell, your first course of action should be to call an expert.

Note that Japanese knotweed looks quite similar to a number of other plants and weeds - including bindweed, Russian vine, broadleaf dock and ground elder, so we recommend contacting a Japanese knotweed specialist and asking them to carry out a survey of your property.

An experienced professional will be able to confirm whether or not you have a Japanese knotweed problem and advise you on what to do next.

READ MORE: How to Identify Japanese Knotweed

 

Declare the knotweed presence

Japanese knotweed isn't technically classified as a 'notifiable weed', but since 2013, the Law Society's TA6 form includes a specific question on the subject of Japanese knotweed. Failure to disclose information relating to a knotweed infestation on your property can be deemed a breach of Consumer Protection Rights regulations.

Naturally, such a transgression can have legal ramifications, providing solid grounds for misrepresentation and potentially leaving you open to a lawsuit. So it's best to be honest and upfront about the issue during the entire selling process.

 

Insurance backed guarantee

If it turns out that you do indeed have Japanese knotweed on your property, it's important to take action as soon as possible. The longer you leave it, the worse the knotweed infestation will get.

Mortgage lenders can be extremely hesitant to lend the full amount if a property has Japanese knotweed. However, lenders can be persuaded - you just need to take a proactive approach.

We recommend finding a Japanese knotweed removal specialist who offers a knotweed insurance backed guarantee, i.e. a warranty that will safeguard you in the event that the infestation should return after treatment.

If you can demonstrate that appropriate removal measures have been implemented, this will potentially convince mortgage lenders to overlook the fact that you have Japanese knotweed on your property (or at last lead them to be more sympathetic to your situation).

READ MORE: Mortgages & Japanese Knotweed

 

Don't expect a quick fix

Japanese knotweed control can be a lengthy process - several visits will be required, and a complete course of treatment often takes around three years. If you want to maximise your home's value, you may want to refrain from selling until after your knotweed problem has been eradicated.

That being said, if you really are in a rush to sell your house despite the presence of Japanese knotweed, you may be forced to take a hit on the sale price in exchange for speed of the sale. This might mean that lenders are put off, in which case you'll have to take the cash buyer route; as a result, you could see the sale price drop by up to 20% below market value.

 

Call the professional

Essentially, if you're serious about selling a house that has Japanese knotweed (and you don't fancy dealing with a lawsuit or slashing your sale price), your best option is to call in the pros and get to the root of the problem.

Here at Taylor Total Weed Control, we specialise in Japanese knotweed removal and have over 15 years' experience under our belts. For a long-term solution with an insurance-backed guarantee, Japanese knotweed removal from Taylor Weed Control is the smart choice for you and your property.

Contact us to request a FREE survey

Japanese knotweed law

There are many laws and legislations in the UK surrounding Japanese knotweed and its management, reporting, and treatment. For your own wellbeing and of those around you, it’s best to have a firm understanding of these laws – especially if you already have a knotweed presence on your property!

Can you get in trouble with the law if you have Japanese knotweed in your garden?

No - it is not against the law to have Japanese knotweed on your property, and you are not obliged to remove the plant if you don't wish to. However, under the Wildlife and Countryside Act of 1981, you MUST NOT allow Japanese knotweed to spread into the wild. If you break this law, you may be fined up to £5,000 or even be imprisoned for up to 2 years.

Also, if there is Japanese knotweed on your property, it is your responsibility to make sure that it doesn't encroach on any neighbouring properties. Your neighbour can take legal action if they have reason to believe that you have allowed this to happen. (For more information, see What to Do If Your Neighbour Has Japanese Knotweed.)

Therefore, if you do notice Japanese knotweed is growing on your property, it is important that you put a proper treatment plan in place.

SEE ALSO: Do I Have to Report Japanese Knotweed?

 

Japanese Knotweed Treatment

The most effective way to treat Japanese knotweed involves the use of pesticides. If you choose this treatment method, you are bound by The Control of Pesticides Regulations 1986 to ensure that all the necessary precautions are taken to protect other human beings, animals and plant life.

No specific qualifications are required to treat Japanese knotweed on your own property; however, applying pesticides correctly can be quite difficult for a gardening novice. If the Japanese knotweed is in a high-traffic family garden or close to an open water source, it can be hard to gauge how much pesticide you can safely use.

Here at Taylor Total Weed Control, we always recommend leaving Japanese knotweed removal to the professionals. We have been dealing with this invasive plant for years, so we know how to get the job done quickly and efficiently without damaging the surrounding environment.

There are Japanese knotweed laws in place to make sure that people treating knotweed commercially have the necessary Japanese knotweed eradication certificate. Companies offering a professional knotweed removal service must be certified to use, supply and store the specialist agricultural pesticides required for effective treatment. Operatives must also be properly trained in the application of these pesticides.

If a knotweed removal company employs an individual who doesn't have the proper Japanese knotweed qualifications, that person can be supervised by a more senior member of staff (someone who does have their Japanese knotweed eradication certificate). The conditions of this require that they must remain in view and be able to hear their supervisor's instructions at all times.

 

Our Japanese Knotweed Qualifications

As one of the leading Japanese knotweed removal companies in South Wales, we hold a number of industry-recognised accreditations. All of our invasive species specialists are properly trained and fully qualified to deal with your knotweed while following the law.

Contact us to arrange a Japanese knotweed survey >

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