Sometimes people ask me? Do sellers have to disclose Japanese knotweed in [2023]

In the United Kingdom, sellers are legally required to disclose the presence of Japanese knotweed on a property. Failure to reveal the presence of Japanese knotweed on a property. It can be considered a breach of the Consumer Protection from Unfair Trading Regulations 2008. These regulations prohibit misleading actions and omissions in the course of commercial practice. That is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.

It is considered a “problematic invasive non-native species. It can cause significant damage to property and neighbouring properties. Making it difficult to obtain a mortgage or insurance on the property. Therefore, it is recommended that sellers disclose the presence of Japanese knotweed on a property to potential buyers.

Moreover. It’s important also to note that if a seller is aware of Japanese knotweed on their property. They have a legal responsibility to prevent it from spreading to neighbouring properties. This means that if the Japanese knotweed is not treated or contained. The seller could be liable for any damages caused by the plant.

When selling a property in the UK that is affected by Japanese knotweed. The seller is required to complete a TA6 form.

It is part of the property information questionnaire. The TA6 form includes a specific question about Japanese knotweed. It asks whether the seller is aware of the presence of Japanese knotweed on the property or in the surrounding area. If your answer is yes, the seller must provide further details and indicate whether a management plan is in place. The purpose of this form. This is to ensure that potential buyers are fully informed about any Japanese knotweed issues before making an offer on the property.

Furthermore, in the UK, if a seller fails to disclose the presence of Japanese knotweed on their property to the buyer. It can have serious consequences. The buyer may take legal action against the seller for misrepresentation or breach of contract. Which could result in significant financial damages.

It is classified as a controlled waste under the Environmental Protection Act 1990.

Additionally, Japanese knotweed is classified as controlled waste under the Environmental Protection Act 1990, which means that it must be disposed of in a specific way. Further, Suppose the buyer discovers Japanese knotweed on the property after the sale, and the seller did not disclose it. In that case, they may report the matter to the local council, which could result in enforcement action against the seller. Consequently, the cost of removing Japanese knotweed can be very high if enforcement action is taken. The seller could be required to pay for removing it from their property and any neighbouring properties affected by its spread.

Failing to disclose the presence of Japanese knotweed when selling a property can result in legal and financial consequences for the seller. Sellers need to be honest and transparent about Japanese knotweed issues to avoid future legal and economic problems.

It Is Best to put yourself in the buyer’s position. Would you want to be duped into buying a property with Japanese knotweed?

If you would like up-to-date advice regarding Japanese knotweed you could call Stephen or an experienced PCA accredited surveyor om 07753682333