Do Surveyors Look for Japanese Knotweed?
Introduction: Japanese Knotweed (Fallopia japonica) is a highly invasive plant species that can cause significant damage to properties. Its roots can penetrate and weaken building foundations, causing structural issues. Due to the potential risks, property buyers, owners, and surveyors must be aware of its presence and how it affects property transactions. However, the question remains: Do standard surveyors look for Japanese knotweed during property inspections?
The Role of Standard Surveyors:
Standard surveys, such as the homebuyer’s report or building surveys, generally focus on the property’s structural integrity, including the building itself, plumbing, electrical systems, and other essential aspects. They don’t typically include an exhaustive inspection for invasive plant species like Japanese Knotweed.
Surveyors may flag potential risks or recommend additional checks if they suspect the presence of Japanese Knotweed, but it’s not a standard part of most property inspections. The focus is mainly on the condition of the property’s infrastructure.
Why Specialised Japanese Knotweed Surveys Are Important:
To detect Japanese Knotweed, you need a specialist surveyor trained to identify it. A standard surveyor might miss subtle signs of infestation, especially in areas like gardens, boundaries, or sites with limited access. Specialised surveys are designed to thoroughly assess the property for signs of the plant and provide a comprehensive report on the infestation’s extent and potential risks.
Specialist surveyors typically check:
-
Visible Plant Growth: Identifying the plant’s distinctive features, such as bamboo-like stems and heart-shaped leaves.
-
Underground Rhizomes: Japanese Knotweed’s root system can extend deep underground, making it harder to spot but crucial for a proper assessment.
-
Surrounding Areas: Since Japanese Knotweed often spreads along waterways, disturbed soil, or waste ground, a full property inspection and evaluation of the surrounding area are vital.
Legal Implications of Japanese Knotweed:
Japanese knotweed has significant legal and financial implications. Under the Wildlife and Countryside Act 1981, it’s an offence to cause Japanese Knotweed to spread into the wild. Failure to manage it can lead to fines, legal action, and potential claims for damages if the plant spreads to neighbouring properties.
Additionally, Japanese Knotweed can severely affect a property’s value. Mortgage lenders may be unwilling to provide loans for properties with Japanese Knotweed or an active infestation, making early detection through specialised surveys even more important.
What Happens During a Japanese Knotweed Survey?
A Japanese Knotweed survey typically includes the following:
Inspection and Identification:
Specialist surveyors use their knowledge to identify and distinguish the plant from other similar species.
Mapping the Extent of Infestation: They assess the plant’s spread both above and below ground to understand the severity of the issue.
Risk Assessment: The survey will evaluate potential damage to the property’s structure and assess the plant’s risk of further spreading.
Control Measures: Based on the findings, the surveyor will recommend treatment plans, which may involve excavation, herbicide treatment, or a combination of methods.
Legal Compliance: They’ll advise on how to comply with legal obligations to prevent the spread of the plant.
Standard surveyors do not usually routinely look for Japanese Knotweed during property inspections.
Property buyers and owners should consider hiring a specialist surveyor to ensure that Japanese Knotweed is detected early. A detailed Japanese Knotweed survey can prevent significant legal and financial repercussions by identifying infestations early and recommending effective management strategies.
Engaging a professional surveyor who is experienced in detecting invasive plant species is a proactive step toward protecting your property investment from the potentially costly damage that Japanese Knotweed can cause.
Please note that there have been instances in the UK where surveyors have faced legal action for failing to identify Japanese Knotweed during property inspections. A notable case is Ryb v Conways Chartered Surveyors in 2019.HomeOwners Alliance+2Phlorum+2Mortgage Finance Gazette+2
More recent cases
-
Background: Paul Ryb commissioned a comprehensive Level Three RICS Building Survey for a £1.2 million ground-floor flat in Highgate, North London 2014.Home Owners Alliance+1Mortgage Finance Gazette+1
-
Survey Findings: The surveyor reported the property to be in excellent condition with minimal defects, recommending that the sale proceed.Home Owners Alliance+1Mortgage Finance Gazette+1
-
Discovery of Knotweed: In 2015, Japanese Knotweed was found in three locations on the property. The plant’s maturity indicated it had been present for over three years, making it easily identifiable during the 2014 survey.HomeOwners Alliance+1Mortgage Finance Gazette+1
-
Legal Action: Mr. Ryb sued the surveying firm for negligence, seeking compensation for removal costs, property devaluation, and legal expenses.Phlorum+2Mortgage Finance Gazette+2HomeOwners Alliance+2
-
Outcome: The court ruled in favour of Mr. Ryb, awarding £50,000 in damages for the property’s diminished value and additional legal costs. Home Owners Alliance
Key Takeaways:
-
Duty of Care: Surveyors are legally obligated to identify visible issues, including invasive species like Japanese Knotweed, during property inspections.
-
Professional Standards: Failure to meet these standards can lead to negligence claims and financial liabilities.
-
Documentation: Proper documentation, including photographs and detailed notes, is essential to support survey findings and defend against potential claims.
This case underscores the importance of surveyors staying informed about invasive species and conducting thorough inspections to uphold their professional responsibilities.
Recent Cases Involving Landowners:
-
Bradford, 2023: James Daniel Bateman, a landowner from Hull, was fined over £2,600 for failing to clear Japanese Knotweed from a site in Bradford. Despite previous warnings and a 2019 fine, he had not adequately addressed the infestation, leading to further legal action. Yorkshire Post+1Bradford Telegraph & Argus+1Bradford Telegraph & Argus+1Yorkshire Post+1
-
Bradford, 2018: Another landowner was fined £1,000 for allowing Japanese Knotweed to grow on a plot of land in Wibsey, Bradford. The overgrowth threatened neighbouring homes, and despite repeated calls to clear the site, the work was never done.