Use a written contract
A short written contract prevents most arguments. Options include JCT’s homeowner contracts, the RIBA domestic building contract (where an architect is involved), the FMB plain-English contracts, or a clear quotation and terms. Whatever you use, it should cover:
- the scope, drawings and specification, including who buys which materials;
- the price, and whether it is fixed or an estimate;
- a payment schedule linked to completed stages, not dates;
- start and finish dates;
- how changes (“extras”) are agreed and priced, in writing, before the work is done;
- who obtains planning permission and building control approval, and any party wall notices;
- insurance, guarantees, defects and how disputes will be handled.
A homeowner’s legal rights
Where a trader does work for a consumer, the Consumer Rights Act 2015 requires the service to be performed with reasonable care and skill. Things the trader said about the service can be binding. If no price or time was fixed, the price must be reasonable and the work done within a reasonable time. If the work falls short, the consumer can ask for it to be redone at the trader’s cost and, if that isn’t possible or doesn’t happen within a reasonable time, a price reduction. Goods supplied as part of the job must be of satisfactory quality and fit for purpose.
If the contract was made at the homeowner’s house or away from the trader’s premises, or at a distance, the homeowner usually has a 14-day cancellation right. The trader must give cancellation information; if it doesn’t, the period can be extended by up to 12 months. If work starts within the 14 days at the homeowner’s express request and they then cancel, they may have to pay for work done.
Builders: protect yourself too
- Give a written quotation that is clearly a fixed price or clearly an estimate, and say what’s excluded.
- Provide the cancellation information required for off-premises contracts. For off-premises contracts, failing to do so can be a criminal offence as well as letting the customer cancel late.
- Agree extras in writing with a price before doing them, even by text or email.
- Invoice promptly against the agreed schedule, and keep photos of completed stages.
- Remember the Construction Act payment and adjudication rules usually don’t apply to homeowners, so your contract terms matter more.
Deposits and paying safely
There’s no legal limit on deposits, but a large upfront payment puts the homeowner at risk if the builder disappears. Many advisers suggest keeping any deposit modest and linked to materials ordered, then paying in stages as work is completed. Paying part of the cost by credit card can bring Section 75 protection for items priced between £100 and £30,000. Some trade schemes offer deposit or warranty protection: check what is actually covered.
When it goes wrong
- Put your complaint in writing, with photos, and give a reasonable deadline to put it right.
- Allow the builder access to fix defects: refusing can reduce what you can claim.
- Use the trader’s trade association or ADR scheme if it belongs to one, or mediation.
- Get an independent surveyor’s report if the dispute is about quality.
- As a last resort, go to court. In England and Wales, most claims up to £10,000 go to the small claims track. Scotland and Northern Ireland have their own procedures and limits.
Builders chasing unpaid invoices follow similar steps, starting with a clear written demand. See our example letters.
General information, not legal advice. What applies to you depends on your contract, the facts and where the work is, and the law changes. Check the sources below and take advice from a qualified professional before acting on anything that matters.
Last updated: 15 October 2026
