Dealing with dodgy builders and decorators Your rights
Top tips
- Consider using an approved contractor or an active member of a professional organisation which offers dispute resolution.
- Ask for references - and check reviews on Which? Local. Don't be afraid to verify a reference by asking to visit previous clients with the builder.
- Get a signed contract that sets out fully the costs, the work to be completed and start/completion dates.
- Pay for at least some of the cost with a credit card - this should give you extra protection if there is a problem.
- Do not pay all of the money up front. Agree in writing on a payment schedule.
- You may be able to get another builder to fix poor-quality work and claim the cost back from the original builder – but give them the chance to fix the problem first.
Building work can be expensive and complicated and if the job isn't done properly, there could be serious consequences.
Do what you can at the outset to avoid problems: reach clear agreement with the builder as to what work they will and won't be doing and set a price for as much of the work as possible; make sure everything you have agreed is then put in writing. Where you can't set a fixed price for the whole job, try to limit the circumstances in which the price can be increased and get agreement from the builder that if extra work is necessary, they will let you know about it and agree a price with you before starting.
For larger projects, consider using a professionally drawn-up contract. There are a number of standard form contracts that you can buy, for example from the Joint Contracts Tribunal.
Your right to a good-quality result
Under the Supply of Goods and Services Act 1982 any building or decorating work should:
- be done using 'reasonable care and skill'; this doesn't mean perfection but the standard you could expect from the reasonably competent contractor
- be done with materials that are 'of satisfactory quality' and 'fit for their purpose', this includes any goods supplied, for example, appliances as part of a new kitchen
- goods supplied must be 'as described', so for example, appliances ordered as part of a new kitchen mustn't just work properly, they must be the specific make and model ordered, and must have all the features promised.
- be done within a reasonable time, unless a specific time is agreed.
If a builder or decorator breaches their contract with you
If a builder or decorator fails to meet any of these conditions they will be in breach of contract, and you have to right to:
- have any faulty items replaced or repaired (though in practice the builder or decorator can decide whether to repair or replace items, based on which is cheaper).
- have any poor quality workmanship put right.
You also have the right to have any damage the builder or decorator caused to your property put right.
Extra protection with a credit card
Under Section 75 of the Consumer Credit Act 1974, a credit company can be equally liable along with the builder or decorator for any breaches of contract. So if you pay for the work by credit card or if the builder arranges finance for you to pay for the work, you could claim against the card company or credit provider if the builder breaches their contract with you.
You are also covered for misrepresentation, for example, if the builder or decorator or one of their staff makes promises about their product or service that you rely on but turn out to be untrue.
Section 75 protection is particularly useful if the builder or decorator goes out of business before finishing the job, because you will be able to claim the cost of finishing the work from the card or credit company. However, the contract must be for more than £100 but not more than £30,000 in order to get this protection.
How guarantees can help
Some items supplied as part of the contract may carry a manufacturer's guarantee. Guarantees in practice create a contract between the consumer and manufacturer, but the manufacturer only has to do whatever it says it will do in the guarantee and only for the duration of the guarantee. Usually this will be to repair or replace a defective item.
Sometimes the builder or contractor may offer you an 'insurance-backed' guarantee for the work. This means the guarantee is underwritten by an insurance company, which means you could get any problems put right if the builder goes out of business.
Building regulations and planning permission
Depending on your property and the work you're having done, you may need planning permission or building regulations approval. And if your house is listed or you live in a conservation area you may need other types of permission.
As the property owner, it is your responsibility to make sure that the work has the necessary permission and approval. And if your house is listed or you live in a conservation area you may need additional permissions.
Scotland & Northern Ireland
In Scotland consumers have the same right to have the work done using reasonable skill and care, but this is provided by the common law. The part of the Supply of Goods and Services Act 1982 that says goods must be of satisfactory quality, as described and fit for purpose applies in England Wales, Scotland and Northern Ireland. However, the differences in Scotland are technical, and broadly you have the same protection as in the rest of the UK.
Help from Which?
If you don't know of a good builder through word of mouth or personal recommendation, why not try Which? Local. They've reviews of 1,000s of traders independently tested and rated. Find out how you can get instant access to Which? Local for just £1.
Which? Legal Service offers unlimited, expert legal advice from our team of qualified and experienced lawyers, at affordable prices. If you've had poor service from a builder, we can advise and help you better understand your rights, to make sure you don't get ripped off.
