After a short break we are back to complete our trilogy of commentaries on the long-awaited report Japanese Knotweed Management Overseas. Commissioned by Defra and conducted by independent consultants Risk Policy Analysts (and others), this report adds to our understanding of Japanese knotweed management outside the UK and has delivered some interesting conclusions.

Can the UK improve?

The situation in the UK, where we have an organised and systematic approach to knotweed management, is consistent with the needs of property owners and lenders and is a reflection of its wide distribution relative to other countries says the report.

But the report goes on to suggest there are ways the UK knotweed management sector can improve and we have already responded to several points raised broadly accepting/supporting many of those suggestions.

The PCA is fully engaged with projects to review/revise the risk categorisation of Japanese knotweed and is well-placed to provide training and education to ensure all property professionals have a clear and accurate understanding of the impact of Japanese knotweed in the built environment.

But let’s get on with the remaining proposals from the RPA report!

What info banks use to make their lending decisions

Banks etc., use information about knotweed from a variety of sources to make their lending decisions, including:

• The Law Society’s Form TA6 (vendor declaration)
• Valuation Surveyors report (including RICS Risk category 1-4)
• Expert (CSJK) knotweed survey report (including options and costs for remediation)

The report asked the question whether too much reliance is placed on ‘Form TA6’ but concludes that it is an important matter for a prospective purchaser to have clarity around this issue (legal liability) and in most cases lenders do seek further details. We AGREE that lending decisions should always be based on a full appreciation of the impact of each knotweed infestation and in the context of the property in question – 10m2 of knotweed in a small garden is likely to be more important/detrimental to amenity value than 10m2 in a few acres.

To this end we are working closely with other stakeholders, especially RICS, to provide valuers and lenders with a risk assessment framework which helps to avoid unduly cautious lending decisions. This does not diminish the significance of the presence of knotweed to the property owner (medium-term management is still required), but will perhaps persuade lenders to ‘have faith’ that a professional management plan will always be a sufficient response to manage the risk to property value.

Should other Invasive Plants be included?

The report’s authors considered whether there are other ‘Schedule 9’ plants (Wildlife & Countryside Act 1981) of equal significance in regard to legal liability and/or property damage.

Giant Hogweed was considered but discounted as it is not damaging to buildings etc., but at the PCA, we think this is short sighted. Giant Hogweed is harmful by skin contact so, quite apart from the duties on the property owner to prevent spread ‘to the wild’, it must surely be a simple legal matter that it’s presence represents a liability to any future property owner – would you let your children play in such a garden?!

Also considered, but discounted, were bamboo and buddleia. Neither are scheduled under the Act but both are non-native, spread easily and cause physical impacts on buildings and hard surfaces. We agree that buddleia is relatively easy to manage/control so perhaps doesn’t represent any greater risk to buildings than proximal trees, but bamboo is a highly problematic plant with almost identical characteristics to Japanese knotweed (spreading rhizomatous roots, rapidly growing and very tall canes, extremely difficult to manage).

Perhaps the perception is that it is much less common in its distribution but our members often report on bamboo encroachment issues as a result of the style-trends amongst gardeners dating back to the 1980’s. Perhaps something to look at again in a few years’ time?

Will these recommendations make a difference?

Before answering the question, let us first say we think this report is an important and useful document. Besides addressing the questions posed by Defra it includes an excellent summary of pretty-well all the important knowledge/information available about Japanese knotweed ecology, distribution and management (approx. 170 references!) from around the world.

Will the findings and recommendations change the way we perceive and manage Japanese knotweed here in the UK? Well, its too early to say what the Government’s reaction will be. Quite apart from other distractions at the moment (lockdown #2), these things take time to filter through and, to date, there hasn’t been an official response. It seems likely that Defra will be broadly happy to receive the report as it is not critical of Government policy, but will they be able to influence any of the recommendations the report’s authors have made?

In general the report is supportive of the UK’s approach. The considerable resource focussed on Japanese knotweed remediation may be driven by consumer demand and, sometimes, planning/development codes but the outcome is also extremely positive for the UK environment. Every knotweed stand under a professional management plan is another brick in the wall as far as halting the spread of Japanese knotweed in the wild is concerned.

PCA is proud of its standards-driven approach to invasive weeds

From a standing start 10 years ago, the PCA now has over 100 members dedicated to invasive weed management. They provide a high-quality, unified standard of service (qualified surveyors, Codes of Practice, Insurance-backed Guarantees) to the UK property and finance markets. This orderly, standards-driven approach has reduced the stigma associated with Japanese knotweed and enabled the property market to function much more effectively than was the case in the noughties.

However, we and all the many other stakeholders (valuation surveyors, conveyancing solicitors, lenders) are not complacent so we welcome many of the report’s recommendations and will continue to work with other professional bodies to ensure the perception and management of Japanese knotweed is balanced and proportionate. Never forgetting of course the needs of home owners and lenders to have confidence in the outcomes we deliver!

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