Am I legally obligated to disclose Japanese Knotweed to buyers?

Question

Answer

In the past any occurrence of Japanese Knotweed on a property was down to ‘buyer beware’ meaning that you had no legal reason to declare knowledge of the plant unless the surveyor noticed the growth.

Most house sale documents now have a section detailing questions related to Japanese Knotweed so you would need to be honest when answering these questions. If the knotweed is a significant distance from the property it should not hinder the sale.

It could be worth your while employing a Japanese Knotweed contractor (use the INNSA website www.innsa.org) and getting a programme of works in place? Typically if the infestation is well away from the property a chemical treatment programme and warranty could be issued that would ensure that the sale went through unhindered. Most surveyors are now aware of the problems with Japanese Knotweed and much of the hysteria has calmed down meaning that common sense and careful management of the issues can resolve any potential for conflict.

reallymoving comment: 

The law around Japanese Knotweed changed in 2014.  The government states "You do not need to notify anyone about the invasive plants on your land. However, you should report certain non-native species on the Non-native Species Secretariat (NNSS) website. 

• Share this article
• Print

Mike Clough

Japanese Knotweed Solutions Ltd

Ask a question