Completing the TA6 Property Information Form has become standard practice when selling a UK residential property. The form was designed to allow sellers to consolidate key information about their property, and has adpated over the years to include more catagories and details. One of the most significant sections of the TA6 form addresses Japanese knotweed, this inclusion on the form has gained the plant a reputation for complicating property sales. Correctly completing the TA6 form (2024 or 2020 update) and accurately answering ‘Is the property affected by Japanese knotweed?’ is essential for sellers to ensure transparency, avoid legal disputes, and instil buyer confidence.
This guide outlines the relationship between the TA6 form and Japanese knotweed, highlights recent updates to its requirements, and explores the importance of accurate disclosure.
What is a TA6 Form?
The TA6 Property Information Form is used during the conveyancing process to provide buyers with detailed information about a property. While not currently mandatory, it is widely recommended by conveyancers and solicitors to ensure transparency and minimise delays in property transactions.
The TA6 form covers various topics, such as:
- Alterations and extensions
- Flood risks
- Legal boundaries
- Disputes with neighbours
- Environmental matters, including Japanese knotweed
Although not legally binding on its own, the TA6 form becomes enforceable when incorporated into the Contract of Sale, making sellers legally obligated to ensure the accuracy of their disclosures.
How Does the TA6 Form Relate to Japanese Knotweed?
Japanese knotweed is addressed in Part 2: Environmental Matters of the TA6 form under Question 23.3, which asks sellers if the property is ‘affected by Japanese knotweed‘. This term is significant, requiring sellers to determine whether:
- Japanese knotweed is visible above ground.
- Rhizomes (roots) are present underground, on the property, or within three metres of the property boundary.
- Japanese knotweed is growing in an adjacent or abutting area.
The form also asks sellers to disclose any management plans or records of previous treatment. Selecting ‘No’ requires certainty that Japanese knotweed is neither visible above ground nor present as rhizomes within the specified boundary, even in dormant form. For those unsure, ‘Not Known’ is the appropriate response.
This clarity ensures buyers are informed of any risks, reduces disputes, and maintains compliance with legal obligations.
Japanese knotweed rhizome close up © 2024 PBA Solutions
Is the Property Affected by Japanese Knotweed?
Question 23.3 of the TA6 form 2024 requires sellers to select one of three responses to the question:
Yes: When Japanese knotweed is present (above or below ground), either on the property or within three metres of its boundary
No: If you choose ‘No’ as an answer, you must be certain that, even if you cannot see any growth above ground, no rhizome (root) is present in the ground of the property or within three metres of the property boundary•
Not Known: Appropriate if the seller is not sure or no specialist survey has been conducted
*Property Information Form (TA6) (5th edition) (2024) explanatory notes for sellers and buyers
Choosing the correct response is critical, as inaccurate answers could lead to legal claims for misrepresentation. Commissioning a professional Japanese knotweed survey is strongly recommended for sellers who are uncertain, ensuring confidence and compliance during the transaction process.
N.B. Sellers completing the Property Information Form (TA6) should always refer to the explanatory notes for the relevant edition. As the form and guidance are subject to updates, your solicitor will provide the correct version for completion. The information on this page is for general reference only and should not replace official guidance or professional legal advice.
Is a TA6 Form Legally Binding?
Once the TA6 form is incorporated into the Contract of Sale, the information provided becomes legally binding. This means sellers can be held liable for misrepresentation if inaccurate or incomplete disclosures are made. For instance:
- Falsely stating that Japanese knotweed is not present could lead to legal claims if the plant is later discovered.
- Buyers may seek compensation for remediation costs or property devaluation, as seen in cases such as Downing v Henderson.
By completing the TA6 form honestly, sellers can reduce the risk of disputes, maintain trust, and ensure a smoother transaction process.
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What Knotweed Related Updates Have Been Made to the TA6 Form?
The TA6 form has seen significant updates to improve the clarity and accuracy of Japanese knotweed disclosures. This has been influenced by the House of Commons Science and Technology Committee’s sessions on Japanese knotweed and the built environment (2017–19). The report highlighted ambiguities in the wording of the knotweed question, such as:
- The term ‘affected’ being open to dispute, particularly when knotweed had been treated or excavated but its rhizomes remained.
- The unclear use of the word ‘eradicate’, as herbicide treatments often induce dormancy rather than complete elimination.
Key Changes
- February 2020 Update (4th Edition):
Sellers could only answer ‘No‘ if they were certain that no Japanese knotweed was present above ground or within three metres of the property boundary, even in dormant or rhizome form. - Expanded Scope (5th Edition):
The 5th edition requires sellers to disclose whether Japanese knotweed is growing not only on the property but also in areas adjacent to or abutting the boundary. - Emphasis on Documentation:
Both editions stress the importance of providing management plans and insurance-backed guarantees. The 5th edition, however, places greater focus on historical activity, encouraging sellers to disclose:
- February 2020 Update (4th Edition):
– Reports of knotweed presence when they purchased the property.
– Management plans from previous owners.
– Evidence of past treatment or removal efforts.
The TA6 Form 2024
The 5th edition (2024) of the TA6 form includes updates that expand the scope of seller obligations and improve the clarity of knotweed disclosures. However, until 15 January 2025, sellers may continue using the 4th edition (2020).
Both versions emphasise the importance of:
- Accurate disclosure of knotweed presence, including reference to Japanese knotweed rhizomes within 3 metres of the boundary.
- Providing documentation, such as management plans and insurance-backed guarantees, to buyers and lenders.
The updated 5th edition reflects ongoing efforts to ensure transparency in property transactions and address ambiguity Japanese knotweed declaration.
Japanese knotweed beside wall and fence © 2024 tintac
Peace of Mind About Japanese Knotweed and the TA6 Form
At PBA Solutions, we offer Japanese knotweed site surveys to confirm whether this invasive plant is present on your property or in surrounding areas. In most cases (when not already identified), our surveys demonstrate that the property is free from Japanese knotweed, providing reassurance to sellers and buyers alike.
If we identify Japanese knotweed, our survey includes a comprehensive report detailing the extent of the issue, the root zone, and the source of origination. We also provide costings for a treatment (or removal) plan, backed by professional expertise and an Insurance Backed Guarantee (IBG).
By commissioning a survey, you can streamline the selling process, ensure compliance with the TA6 form requirements, and instil confidence in potential buyers. Contact us today to schedule your survey and take the next step toward a smoother property transaction.
Contact Us Today
For professional assistance with the identification, treatment, and removal of Japanese Knotweed, contact PBA Solutions. Our PCA accredited invasive weed specialists are trained in all aspects of treatment and removal. If you’ve recently been made aware of the plant, you can find out about japanese knotweed treatment plan costs today. Call our friendly team on 0203 174 2187 or 01202 816134 for tailored advice, site surveys, comprehensive management plans, and insurance-backed guarantees.
Lead image © 2024 tintac