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When building work goes wrong: your options

When work is poor, unfinished, late or not what you agreed, the law gives you rights. The order in which you use them matters:

  1. Put the problem in writing and give the builder the chance to put it right.
  2. Use the builder's complaints process and any dispute scheme there is.
  3. Send a formal letter before claim.
  4. Go to court only after that.

This guide is general information about what the law says. It is not advice on your own situation. Before you take a step that could cost you money, get advice, for example from the Citizens Advice consumer helpline or a solicitor.

It is written for England and Wales. In Scotland and Northern Ireland the small claims limit is £5,000, not £10,000, and the advice lines and fraud reporting routes differ (see "Where to get free help").

Your rights

The work. The Consumer Rights Act 2015 says every contract for a trader to supply a service includes these terms:

  • the work is done with reasonable care and skill (section 49);
  • what the builder said or wrote about themselves or the work, which you took into account, becomes a term (section 50);
  • where no time was fixed, the work is done within a reasonable time (section 52).

If the work does not meet the contract, section 54(3) gives you two rights, in this order.

1. Repeat performance. The builder does the work again, to the extent needed to put it right (section 55). They must:

  • do it within a reasonable time;
  • do it without significant inconvenience to you;
  • bear the cost, including labour and materials.

This right does not apply if putting the work right is impossible.

2. Price reduction. The builder reduces the price by an appropriate amount, which can be the full price, and refunds anything you paid above that (section 56).

  • When you can ask for it. Only if putting the work right is impossible, or if you asked for repeat performance and the builder did not provide it within a reasonable time and without significant inconvenience (section 56(3)).
  • When a refund is due. Within 14 days, beginning with the day the builder agrees you are entitled to it (section 56(4)).

Late work. Where no time was fixed and the work was not done within a reasonable time, the right is a price reduction (section 54(5)).

Other remedies. Your rights also include other remedies, such as damages (money for your loss), but you cannot recover twice for the same loss (section 54(6) and (7)).

Materials the builder supplied and fitted. Goods installed incorrectly do not meet the contract (section 15). Your remedies are:

  1. repair or replacement first (section 23);
  2. then a price reduction, or the "final right to reject" (section 19(4)).

There is no short-term right to reject for incorrect installation. Faulty goods may have other remedies; ask Citizens Advice.

Which remedy fits your situation is a question to take advice on.

Time limits. In England and Wales, a claim for breach of contract generally cannot be brought more than six years after the date on which the "cause of action accrued" (Limitation Act 1980, section 5). For a broken contract that is normally the date the contract was broken (for poor work, often when the work was done), not the date you found the problem. If the work was done some years ago, get advice now.

Get advice before you hold back money

It can feel natural to stop paying until the problem is fixed. Which? says of withholding money: "we wouldn't recommend it … it could also put you in breach of your contract. This could enable a trader to take legal action against you and would put you in a weaker position if you wanted to go to court." Read what your contract says about payment and defects, and get advice before holding back any payment.

Step 1: tell the builder, in writing

Gather your evidence first. Citizens Advice suggests you:

  • gather any paperwork and receipts;
  • take photos as evidence of the problem;
  • make notes about what has happened, with dates and times.

Who to complain to. Citizens Advice says to take up the problem with the business you made the arrangement with, even if someone else did some of the work.

How to write. Which? advises against discussing a dispute by text or WhatsApp: "use email so you have an official record of the dispute". In your letter or email, say:

  1. what was agreed, with the date of the quote or contract;
  2. what is wrong, with your photos and notes;
  3. what you want. Usually this is for the builder to put the work right, which is repeat performance under section 55.
  4. a reasonable date by which you want a reply, and a date for the work to start;
  5. a request for their complaints procedure.

Keep a copy of everything you send and receive.

Free letters you can use:

Step 2: the complaints process, a scheme or ADR

ADR, or "alternative dispute resolution", means an independent body helping you and the builder settle without court: for example mediation, an ombudsman or arbitration.

If your contract says disputes must go to arbitration. For a money claim of £5,000 or less, such a clause is treated as unfair, and an unfair term does not bind you, though you can choose to use it. This comes from section 91 of the Arbitration Act 1996, the Unfair Arbitration Agreements (Specified Amount) Order 1999 and section 62 of the Consumer Rights Act 2015. For a larger claim, get advice on what the clause means for you.

The rules have changed. The rule that traders had to name an ADR body came from regulations made in 2015. legislation.gov.uk now shows those Regulations as revoked, though some websites still describe the old rule.

The current rule. Since 6 April 2026, section 308 of the Digital Markets, Competition and Consumers Act 2024 applies when a builder responds to your complaint about your contract. When it tells you the outcome, it must also tell you about "any ADR or other arrangement that is available" if you are unhappy. That covers only a scheme the builder is obliged to take part in, whether by legislation, the terms of your contract, or other contractual arrangements it has made. It does not mean every builder has to use ADR.

What to do. Look in your contract and the builder's paperwork for a trade association or scheme, and check that scheme's own website for its complaints process. Consider offering ADR yourself. The court's Practice Direction – Pre-Action Conduct and Protocols (called PD-PAC here) says refusing to take part in ADR, or not replying to an invitation to, "might be considered unreasonable by the court". That could lead to the party refusing paying additional court costs.

If you paid by card or bank transfer

Credit card: section 75. Section 75 of the Consumer Credit Act 1974 can make a credit provider liable along with the builder for misrepresentation or breach of contract. It needs payment by credit card, or certain other credit agreements linked to the purchase. It does not apply to a single item with a cash price of £100 or less, or more than £30,000 (section 75(3)(b)).

Citizens Advice says:

  • Part payment by card. If you paid any part of the cost by credit card, you can claim for the full cost, as long as the item's total cost is within the limits. Its example is a £50 deposit by credit card on a £250 item, with the rest paid in cash: the whole £250 can be claimed.
  • Buying through someone else. You "can't usually use Section 75 if you didn't buy directly from the trader".

If you paid nothing by credit card, buy now, pay later or other credit linked to the purchase, section 75 does not apply. If you paid using finance arranged for the work, ask the lender whether section 75 applies, and get advice.

Debit card: chargeback. Citizens Advice says to ask your bank for a "chargeback" if you paid by debit card. Which? says chargeback "isn't a legal obligation, so banks have to agree liability", and gives a 120-day time limit, so ask your bank promptly.

Bank transfer or cash. Section 75 and chargeback do not cover these, but other routes may:

  • If you were tricked into paying, National Trading Standards says to contact your bank "as soon as possible".
  • If you paid for work that was never provided, you may be able to recover the money: the Consumer Rights Act 2015 says its remedies do not stop you seeking to recover money paid where what you paid for was not provided (section 54(6) and (7)(b)). Get advice on whether that fits your case.
  • If you validly cancelled an off-premises or distance contract, the builder must refund you (regulation 34 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

Step 3: the letter before claim

A letter before claim (also called a letter before action) is a formal letter telling the builder you will go to court if the dispute is not settled. The court expects the two sides to exchange information before a claim starts, and this letter is the usual way to do that.

What PD-PAC expects. Paragraph 3 says the court will expect both sides to understand each other's position, try to settle without court, and consider ADR. Paragraph 6 describes the letter:

  • concise details of the claim;
  • the basis of the claim and a summary of the facts;
  • what you want from the builder, and if it is money, how you worked out the amount;
  • the builder "responding within a reasonable time – 14 days in a straightforward case and no more than 3 months in a very complex one";
  • both sides disclosing key documents.

That 14 days is the court's benchmark for a reasonable time, not a deadline set by statute.

A second set of rules may apply. There is also a Pre-Action Protocol for Construction and Engineering Disputes, which "applies to all construction and engineering disputes". Its letter of claim includes:

  • your full name and address, and the builder's;
  • a brief summary of the claim, with a list of the main contract terms or laws you rely on;
  • what you are claiming, with a breakdown of any money.

The builder should acknowledge the letter within 14 calendar days and respond within 28 days, and the parties "should normally meet" after that. The Protocol says that in cases "of modest value, the letter of claim and the response can be simple".

A cautious approach. Whether a court would expect a homeowner's small claim against a builder to follow the Protocol, rather than only PD-PAC, is not settled. A cautious letter covers what both ask for, allows the builder 28 days, and offers to meet to discuss the claim. If you are unsure, get advice before you send it.

Free letter. Which? has a generic Letter before small claims court claim, which gives 28 days. It is not written for building work, so add the details above.

Step 4: the small claims court (England and Wales)

Which claims. The small claims track is the court's simpler route, and it is the normal track for a claim worth not more than £10,000 (Civil Procedure Rules, rule 26.9). For larger claims, get legal advice.

Costs. Part 27 of the Rules "limits the amount of costs that can be recovered" on this track. That is not the same as no costs.

Court fee to start a money claim (gov.uk, as of 14 September 2026):

  • up to £300: £35
  • £300.01 to £500: £50
  • £500.01 to £1,000: £70
  • £1,000.01 to £1,500: £80
  • £1,500.01 to £3,000: £115
  • £3,000.01 to £5,000: £205
  • £5,000.01 to £10,000: £455

gov.uk says you may be able to get help with fees "if you have a low income or you're on certain benefits". Check the current fees on gov.uk before you claim, because they change.

Mediation. gov.uk says: "If you're making a claim of £10,000 or less and the defendant disputes it, you'll be told you must attend mediation. The court will organise this mediation. This service is free." If you do not attend, or make no effort to reach an agreement, the judge can sanction you. Sanctions can include your case being dismissed, or paying all court costs even if you win.

Making the claim. Most claims can be made online, through the Civil Money Claims or Money Claim Online services. gov.uk lists when you cannot claim online. Start at Make a court claim for money.

After you win. A judgment does not by itself put money in your account. If the builder does not pay, you can ask the court to collect the payment, and there are further fees for that.

Scotland and Northern Ireland. In Scotland, "simple procedure" covers claims for a sum not exceeding £5,000. In Northern Ireland, nidirect says a small claim is generally one of not more than £5,000.

Reporting a builder to Trading Standards

Citizens Advice says: "To report to Trading Standards, you need to contact the Citizens Advice consumer service." It is clear about the limits: "Trading Standards can take businesses to court or stop them operating, but they won't help you fix your problem - for example, they can't help you get a refund."

  • Citizens Advice consumer helpline: 0808 223 1133, Monday to Friday, 9am to 5pm, closed on bank holidays.
  • Welsh-speaking adviser: 0808 223 1144.

Doorstep fraud

A trader may have turned up uninvited, taken money and done little or no work, or pressured you into paying. Report it:

  • England, Wales or Northern Ireland: Report Fraud, 0300 123 2040.
  • Scotland: Police Scotland, 101.
  • If you paid: National Trading Standards says to contact your bank "as soon as possible".
  • If a caller will not leave: Which? says that if a caller "refuses to leave, you can call 999", and to call 101, the police non-emergency number, if you are suspicious but not in immediate danger.

If you were misled or pressured into the contract, other rules may give you further rights. The law on those rights is in transition, so ask the Citizens Advice consumer helpline.

Where to get free help

England and Wales

Scotland

  • Advice: Advice Direct Scotland, 0808 164 6000.
  • Reporting fraud: Police Scotland, 101.

Northern Ireland

  • Advice: Consumerline, 0300 123 6262.
  • Reporting fraud: Report Fraud, 0300 123 2040.

Common questions

Will Trading Standards get my money back? No. Citizens Advice says they "can't help you get a refund". The routes to money back are the builder, any scheme or ADR, your card provider or bank, and then the court.

Can I get another builder to fix it and send the first builder the bill? Get advice before you do. The Consumer Rights Act 2015's first remedy for poor work is asking the builder to put it right (section 55). Before anyone covers the defects up, record them in photos and notes.

The builder has stopped replying. Keep writing, by email, with dates. Give a final deadline, then send a letter before claim. The Which? follow-up letter above is written for this.

The builder has stopped trading. If you have an insurance-backed guarantee or a deposit protection policy, contact the provider named in it. If you paid by credit card, ask your card provider about section 75. For anything else, get advice.

What our documents do not do

Our Letter Before Claim — Building Work sets out what PD-PAC and the construction protocol ask a letter to contain, and our Letters to Your Builder help you put each stage in writing. Neither decides whether you have a claim, what it is worth, or which rules a court will apply, and neither will win a dispute for you. For that, get advice. What our documents can and cannot promise.

Quotations from gov.uk, justice.gov.uk and legislation.gov.uk contain public sector information licensed under the Open Government Licence v3.0.

Documents for this work