Japanese Knotweed & The TA6 Selling A Property Form

Everything you need to know about the updates to the TA6 Form (what it is, why it is needed, and how it is relevant to Japanese Knotweed).

What is the TA6 Property Information Form?

When buying or selling a property, a useful document for both the vendor and prospective buyer is the TA6 Property Information Form.

The TA6 Property Information Form is filled out by sellers to detail key information about the property up for sale. Each of the fourteen categories entails asking multiple questions, from building safety and environmental concerns to parking permits and council tax bands.

Why is the TA6 Form useful?

It is useful not only for the potential buyer, where they can find comprehensive answers to all questions they may have about the state of the property in question to make an informed decision before purchase, but also for the seller; it shows that they are serious about selling the property, aiding in making the sale more transparent as estate agents have full information of the property they’re advertising, and streamlining the conveyancing process.

Whilst the TA6 form is not a compulsory requirement in a sale, filling it out incorrectly, even through ignorance, can have legal and financial consequences for the seller.

Japanese Knotweed and the TA6 Form

Japanese Knotweed has become a hugely invasive plant in the UK, subsequently first being added to the TA6 Property Information Form back in 2013 (3rd edition). Back then, the seller only had to declare whether or not knotweed was present, and if so, whether there was a Japanese knotweed treatment plan in place.

However, the TA6 form was updated in March of this year (5th edition) with further, more detailed, questions for the seller, which put more onus on the property owner to declare the risks to the property that come with the presence of Japanese knotweed. Compared to the 4th edition in 2020, these include not only whether is there knotweed within the property boundary, but also if it is present within three metres of the property; the answer options for these questions are ‘yes’, ‘no’ or ‘unknown’.

Not only can the seller answer ‘no’ if there is no visible sign of knotweed above ground, but they must also have certainty that there is no rhizome (root) present in the ground of the three-metre area.

You can find out everything you should know about Japanese Knotweed legislation here. 

Has bamboo been added to the TA6 form?

Bamboo has become an increasing problem in the UK, causing similar issues to that of Japanese knotweed. It has two types – ‘running’ bamboo and ‘clumping’ bamboo. Whilst clumping bamboo doesn’t cause all that much bother, running bamboo can create a network of roots that can span as far as thirty feet. Similarly to knotweed, it can also grow through structures such as concrete and brick, and even infiltrate shallow building foundations.

Bamboo has not been added to the most recent update to the TA6 form, however, it is increasingly being flagged up by surveyors on homebuyer surveys. Once flagged, it results in the seller either needing to treat the problem, or accept a lower price for the house, ultimately lowering the house value.

Green Leaf Remediation deals not only with knotweed but all types of weed infestation, including bamboo. Their expert services consist of both site surveys, treatment plans, and where necessary, long-term management plans.

What does this mean for sellers?

Unfortunately, the updates to the TA6 form impose a greater burden on property sellers. If any information provided is incorrect, or any details left out, then the buyer can refuse to complete the purchase, and can even take legal action by claiming misrepresentation – this can sometimes result in thousands of pounds of compensation and legal costs.

Whilst technical and legal expertise isn’t compulsory, the questions have to be answered honestly, which is why for questions regarding knotweed, it can be useful to engage a Japanese knotweed specialist to both undertake a survey of your property and the immediate areas surrounding your boundaries so that the TA6 questions can be expertly answered, then design a treatment plan should a Japanese knotweed infestation be found.

Regarding having bamboo on the property, whilst it cannot be claimed for after the sale, it can be costly to deal with, either in the way of treatment before completion, or negative house price negotiations with the prospective buyer.

What does this mean for buyers?

If you’re considering a property where the seller has filled out a TA6 form and answered the questions regarding knotweed as ‘unknown’, then it would be a good idea to enquire as to whether you can arrange to have a Japanese knotweed survey carried out.

Should the TA6 form be filled out incorrectly by the seller, however, due to links with the UK’s Misrepresentation Act, you would be able to claim against said seller. As the onus lies with the property’s seller, this adds a layer of assurance to your property purchase. 

Arranging for a knotweed specialist to survey your prospective new property, with the owner’s permission, to determine whether it is infested or not, gives you the peace of mind in being able to make an informed decision on whether or not you want to proceed with an offer. Should knotweed be present, your engaged specialist can recommend a plan for treatment and management, and you can negotiate with your seller as to who is financially responsible for it, or even renegotiate the house value.

Why is Japanese knotweed a problem?

Japanese knotweed was first introduced to the UK in 1850, as an ornamental garden plant. Whilst pretty in appearance and easy to grow, not much was known at the time about how it grew, and the effect it can have around it.

It has become a problem due to its rhizomes (roots); they can be up to two metres deep in the ground and will push through the smallest of gaps, such as cracks in concrete, patio mortar and even brick walls, ultimately often causing property damage. Its presence can be difficult to identify by homeowners as in the winter months, particularly, its foliage dies off and the canes turn dark brown. However, even when the visible parts of the plant die back, its roots lay dormant underground, and will sprout new growth come the following year. 

Knotweed’s extensive root system is also why it is so difficult to eradicate. Its ability to grow so deep means that even cutting and digging it out is not sufficient, as it is likely that some will remain left in the soil and later grow to form a new plant. Treatment plans for knotweed consist of a herbicide often containing glyphosate but often takes two to three years of repeated application at the right time of year to fully eradicate. Herbicides available to the public are not sufficient, as the high glyphosate levels required can only be administered by licenced professionals. This is why it is important to use a qualified invasive weed management company for a Japanese knotweed survey and treatment plan such as Greenleaf Remediation.

TA6 Form & Japanese Knotweed FAQ’s

Is a TA6 form legally binding?

Whilst a TA6 form is not compulsory for a seller to fill in, the information they provide on the form is, as it is closely intertwined with the UK’s Misrepresentation Act. This means that any incorrect information on the form, even if answered in ignorance, can lead to legal repercussions. This can cost thousands of pounds to the seller in compensation and legal fees.

Is it illegal to sell a house with Japanese knotweed?

No, it is not illegal to see a house with Japanese knotweed, however, you may want to consider taking some extra measures to reassure your buyer, such as treating the infestation, or providing financial means for the buyer to undertake the management of the knotweed themselves.

Is it worth buying a house with Japanese knotweed?

Buying a property with Japanese knotweed isn’t ideal, however, with an extensive survey and treatment plan in place, it can become a viable option. If the property has been affected with knotweed in the past, it will be declared as such by the seller, and they must provide evidence of its eradication and the treatment plan used. You are within your rights to request this documentation, should it not be provided to you. In the case that the knotweed questions are answered with ‘unknown’, it would be wise to engage a knotweed expert to determine if it is present and recommend a treatment management plan.

In short, it is up to you, the buyer, to determine whether buying a house with Japanese knotweed is worth it. It is wise to hire a professional to conduct a Japanese knotweed survey on a property you love if you plan to buy it so you can determine the extent of the growth and whether it is controllable before moving forward.

What happens if a seller lies on a TA6 form?

If a seller lies on a TA6 form, there can be significant legal repercussions. If you find that your seller has lied on a TA6 form, you can claim against them for misrepresentation under the UK Misrepresentation Act. In the case of Japanese knotweed, for the seller to answer ‘no’, they have to be completely sure that knotweed isn’t present even underground, and within three metres of the property boundary. Therefore, should you subsequently find knotweed, you can potentially claim for, and win, thousands of pounds in compensation for treatment of the infestation.

Do surveyors check for Japanese knotweed?

Yes, a surveyor will check for visible signs of Japanese knotweed on a homebuyer’s survey. However, this only means being able to see if it is above ground and does not factor in when the canes die back in the winter or the roots lie dormant in the soil.

Therefore, it would be advised not to make any decisions in regards to knotweed based on your homebuyer’s survey. It is recommended to engage a knotweed expert like Green Leaf Remediation to undertake a comprehensive survey of your prospective property.

What is a misrepresentation of the TA6?

The information provided by the seller on the TA6 form, and the evidence provided alongside it, form part of the contract between the seller and buyer. If the seller provides incorrect information on the form, even in ignorance, and the buyer has relied upon said information to purchase the property, then the seller can be sued for breach of contract and misrepresentation. 

What are the TA6 and TA10 forms?

The TA6 Property Information Form is a form filled out by sellers to detail key information about the property up for sale. Each of the fourteen categories asks multiple questions, from building safety and environmental concerns to parking permits and council tax bands.

The TA10 form is a comprehensive document detailing all the fixtures and fittings that will be included, and excluded, as part of the sale. For example, this can include light fittings and electrical sockets, as well as radiators and kitchen appliances.

Who completes a TA6 form?

It is the responsibility of the seller of the property to complete the TA6 form.

Is a TA6 form compulsory?

Whilst completing a TA6 form isn’t compulsory, it can significantly streamline the property sale process. It is common for the sale’s progress to be held up by waiting on clarification of information, or delays in providing evidence, so it is useful for all parties involved to have an accurately completed TA6 form.

Can I claim for misrepresentation?

If you believe that the property you have purchased was infested with Japanese knotweed before completion, then it is likely that you can claim for misrepresentation. If the seller claims that it is not there, they should state this in the TA6 form and provide proof. Should it subsequently be found once the property is in your ownership, you have a case for arguing for misrepresentation and breach of contract.

Additionally, if you, or your mortgage lender, had a survey done on the property, it is the surveyor’s responsibility to report the presence of knotweed accurately. Suppose you believe that the property had a Japanese knotweed infestation before the survey and house sale. In that case, you can also make a claim for compensation against the surveyor for professional negligence.

About Green Leaf Remediation Services

If you are concerned you have or may be buying a property with Japanese Knotweed, contact Green Leaf Remediation today at 01269 495375. Our knotweed experts will answer all your questions and concerns, and we can book a no-obligation site survey for you to identify if it is present and advise you of the best and most successful method of management and removal. 

We are a fully qualified Japanese Knotweed surveyor, and all our customers are covered with a 10-year insurance-backed guarantee. We are certified through the industry trade body, The Property Care Association (PCA). We are licenced and certified to remove Japanese knotweed waste and will always provide you with a reliable and honest assessment of the growth and its potential to spread.

We cover the whole of South Wales, the West Wales area up to North Ceredigion & Powys and through South Glamorgan and Gwent. We also work in Bristol and throughout the West Country, as far north as Shropshire, and in the Midlands and Birmingham areas.

Our tree felling services provide free site assessments, and we will complete any work that is requested as long as it does not violate any legislation. We provide a wide range of professional tree felling services, including; reducing, thinning, re-shaping, sectional dismantling, site clearance, hedge trimming and management.

We always follow Health and Safety legislation and we have full public liability and professional indemnity insurance.

Green Leaf Remediation is a specialist Japanese Knotweed Management family-run business with many years of experience in removing and controlling invasive weeds. 

Our Qualifications & Accreditations:

• Principles of Safe Handling & Application of Pesticides (PA1/PA6)
• Principles of Safe Handling & Application of Pesticides near water (PA6AW)
• Herbicide Stem Injection Accreditation
• Member of the Property Care Association
• Cell Burial
• CSCS Certified
• Qualified Technician (PCAQT) in Japanese Knotweed
• Accredited Surveyor in Japanese Knotweed offering official and accredited JKMPs
• City & Guilds NPTC Level 2 in Felling & Processing Trees & Chainsaw Maintenance

We guarantee to provide you with expert and honest advice and a positive outcome for any knotweed or bamboo issue you may have. 

Contact us today:

South Wales & West Wales: 01269 495375

Bristol, South West, West Country: 0117 321 7799

Mobile: 07531 142316