The main changes relating to Japanese Knotweed are;
- highlighting that information ought to be provided to a buyer if the seller is aware that there is a treatment plan in place
- replacing “eradication” with “managing its regrowth”
- adding a “Not known” response on the basis that knotweed can be difficult for a homeowner to detect
Sellers are advised to enter "Not Known" as a response if they are not certain that there is, or is not Japanese knotweed on the property.
if a seller says there is no knotweed, they “must be certain” no root is present within the ground of the property or within three meters of the property boundary, even if there are no signs above ground. Therefore it is expected that sellers will now be more likely to avoid a positive or negative answer to the Japanese knotweed question and opt for the safer "Not Known" answer.
Buyers who want a definite answer to the question will be have to make their own enquiries by paying for a professional Japanese knotweed survey which will add cost and delay to the transaction.
Read the updated TA6 Law Society Guidance Here