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Can Land With Japanese Knotweed Be Built Upon?

One of the big questions around the presence of Japanese Knotweed is whether you can legally build on land contaminated with the invasive plant. For new buildings to be legally built on land that contains Japanese Knotweed, the presence of the plant must be announced as a part of the building process.

Areas of Shade

Some building developers have been known to ignore or hide the presence of knotweed on the land to prevent any slowdown in construction time and speed up the sale of the finished property.

Development companies are not required to fill out the TA6 property form when selling the property, which allows them to be shady around the knotweedc infestation if present. This legal loophole has given developers free rein to complete projects and sell to unsuspecting homeowners.

Homebuyers can protect themselves by asking their conveyancing solicitor to request a TA6 property form, requiring the developer to confirm any history of Japanese Knotweed present on the site.

Japanese Knotweed Survey

A Japanese Knotweed survey is not required by law to be performed on land affected by Knotweed before development. However, any suspicion that land is occupied with the dangerous plant would see the best interests of having one conducted.

A Japanese Knotweed survey prevents any future financial impact or time wasted on repairs, giving early identification and treatment of knotweed. It is an effective money and time saver for the property. Japanese Knotweed specialists in Manchester can confirm or deny the presence of the weed through a thorough survey, going as far as analysing how it affects the land and surrounding property.

Information collected during a survey indicates the impact you would face towards building or renovating the property. For small infected patches of land, the area can be sectioned off during construction so that building work can continue around it.

Do You Require Planning Permission?

Planning permission would be required before starting development on any land – including those infected with knotweed. Most borough councils have policies in place regarding knotweed control and will be aware of the hotspot areas.

Ignoring the presence and choosing to move soil contaminated with knotweed is a criminal offence under the Wildlife and Countryside Act 1981, leading to severe fines and potential prison sentencing.

It is necessary to remove knotweed from the land affected that is used for construction work. In severe cases, it is necessary to treat and excavate before any work starts. To remove Japanese Knotweed, you need professionals to accurately identify the plant and create a knotweed management plan.

Contact the team at Solutions for Japanese Knotweed today.