Sellers are facing new requirements on the property information form when disclosing information about Japanese knotweed after the Law Society issued an updated TA6 form.

If they are not absolutely certain that the weed is absent, they must say so, enabling buyers to do their own investigations.

Previously the guidance stated: “The seller should state whether the property is affected by Japanese knotweed.”

The revised form and guidance now says: “The seller should state whether the property is affected by Japanese knotweed. If you are unsure that Japanese knotweed exists above or below ground or whether it has previously been managed on the property, please indicate this as ‘not known’.

“If no is chosen as an answer the seller must be certain that no rhizome (root) is present in the ground of the property, or within three metres of the property boundary even if there are no visible signs above ground.”

The Law Society said the revised TA6 was released in response to recommendations from the House of Commons Select Committee on Japanese knotweed.

The Law Society said: “We have reviewed and revised the Japanese knotweed question in the TA6 form and explanatory notes on an interim basis.

“We will review it again once the Department for the Environment, Food and Rural Affairs has completed its own research into the treatment of Japanese knotweed in the conveyancing process in other jurisdictions.”

Nic Seal, of knotweed removal specialists Environet, said: “Without visual surveys, no reputable knotweed specialist could certify that no rhizome is present in the ground, reinforcing the message that the safe bet is to always answer ‘Don’t know’, except of course where the answer should be ‘Yes’.

“I therefore welcome the Law Society’s revisions to the TA6 form guidance.”

The new TA6 form also has changes regarding flood risk, septic tanks and radon.

https://www.lawsociety.org.uk/news/stories/updated-ta6-and-explanatory-notes-published/