What is Japanese Knotweed?
Japanese Knotweed is an invasive plant species native to East Asia but now found in various parts of the UK, including Scotland. It is recognisable by its bamboo-like stems, heart-shaped leaves, and white flower tassels that appear in late summer. While it may appear harmless, Japanese Knotweed grows rapidly and can cause structural damage to buildings, drainage systems, and other man-made structures.
Why is it important to make sure a property is free from Japanese Knotweed?
The presence of Japanese Knotweed can substantially reduce the value of a property and make it difficult to sell in the future.
Many mortgage lenders are hesitant to approve mortgages for properties affected by Japanese Knotweed until a professional eradication plan is in place. Some may refuse to lend altogether.
Like mortgage lenders, insurers may also be wary of covering properties with Japanese Knotweed, which could make it more challenging to secure buildings insurance coverage.
In the UK, it’s illegal to allow Japanese Knotweed to spread to neighbouring properties. Failure to manage it could lead to legal action against you.
The roots of Japanese Knotweed extend for several meters and penetrate deep into the ground risking damage to building foundations, drainage systems, and walls.
Successfully eradicating Japanese Knotweed can be expensive and time-consuming, often requiring specialised treatment over several years.
For more on how to remove Japanese Knotweed see this article on gov uk
What to do if you suspect a property has Japanese Knotweed?
If you suspect the presence of Japanese Knotweed, consult a specialist for a thorough survey of the property.
If you’re applying for a mortgage, you’ll need to disclose the presence of Japanese Knotweed to the lender.
Before going ahead with the purchase, make sure you understand the costs and duration involved in the professional eradication of the plant.
Knowing the implications and costs of managing Japanese Knotweed, you may be in a position to negotiate the property price downwards.
What if the seller misled you about the presence of Japanese knotweed on the property?
Scottish Standard clauses (v5) make specific provision for Japanese knotweed. In section 2.1 the seller warrants that, as far as they are aware, the property is not affected by Japanese knotweed or any other invasive plant species
“AWARENESS OF CIRCUMSTANCES AFFECTING THE PROPERTY
So far as the Seller is aware (but declaring that the Seller has made no enquiry or
investigation into such matters) the Property (including in respect of Clause 2.1.3 the Building, if appropriate) is not affected by:
2.1.1 any Notices of Payment of Improvement/Repairs Grants;
• 2.1.2 (nor has been affected by) flooding from any river or watercourse which has taken
place within the last 5 years;
2.1.3 other than as disclosed in the Home Report for the Property any structural defects;
wet rot; dry rot, rising or penetrating damp; woodworm; or other infestation.
2.1.4. Japanese knotweed or other invasive plant species.
Scottish Standard Clauses (v5)
Note that there is no requirement for the seller to conduct a knotweed survey. And it may be difficult to prove that the seller knew of knotweed but did not disclose it to you. For this reason, it is advisable to make your own checks for the presence of Japanese knotweed on any property prior to making an offer.
Key Takeaways 📚
- Japanese Knotweed is an invasive plant species that can cause structural damage to buildings and drainage systems.
- The presence of Japanese Knotweed can significantly reduce a property’s value and make it difficult to secure a mortgage or insurance.
- In the UK, it’s illegal to allow Japanese Knotweed to spread, and failure to manage it could result in legal action.
- Eradicating Japanese Knotweed is often expensive and time-consuming, requiring specialised treatment over several years.
- The seller is not required to conduct a knotweed survey, making it crucial for buyers to perform their own checks before making an offer.