Buyers purchasing a new build home are being warned to be on the look-out for Japanese knotweed when they commission their survey after solicitors spotted a potential conveyancing loophole.
According to Graham Coffey & Co solicitors some new builds could be at risk from infestation of the invasive weed without their potential owners’ knowledge because property developers were exempt from disclosing its presence.
The solicitors explained when developers purchase land in advance of building they are required to declare and treat Japanese knotweed as part of the planning process. However, there is no requirement for a specialist survey to detect the weed.
As such the solicitors is urging prospective buyers hoping to purchase a new build of being vigilant when instructing surveyors to carry out checks on Japanese knotweed.
Stuart Snape, partner and head of Japanese Knotweed Claims at Graham Coffey & Co. Solicitors, said: “Property developers’ blatant failure to omit Japanese knotweed detection from the sale of new build properties to buyers leaves members of the public in a dire situation, facing the cost and time-consuming removal of the weed.
“In many cases, it also means buyers are unable to sell their home in the future.
“We have seen many instances of developers insufficiently treating Japanese knotweed in order to achieve a short-term removal from the site – but this is not enough to prevent it from returning. Then, they will sell the new build property without mentioning the infestation.”
According to Snape, many purchasers do not ask about the prospect of detected Japanese knotweed on the site of their new home unless they specifically instruct their solicitor to ask the question, leaving them vulnerable to issues with the highly-invasive weed at a later date.
If the weed is detected at this late stage, homeowners have no legal recourse against the developer.
The firm of solicitors said it was issuing the warning as UK property market experienced an upturn following the announcement of the Stamp Duty holiday.
Snape added: “It is vital that homebuyers are aware of this loophole, which is allowing property developers to get away with rolling out short-term fixes to what can be a disastrous issue.
“By asking their solicitor to make a specific request of the developer to declare Japanese knotweed, prospective buyers could save themselves precious time and money.”
