Can I Take a Builder to Small Claims?
Often yes, for lower-value claims, and you don't need a solicitor to do it. It works best as a last step, after a clear letter and an attempt to settle.
The short answer
Often yes, for lower-value claims, once you have tried to settle it first.
Yes, in many cases. The small claims process is designed for lower-value disputes and for people representing themselves, without a solicitor. Before you start, you are expected to have tried to settle: raise the complaint, give the builder a fair chance to put it right, and send a formal letter setting out your claim and a deadline. If that fails, you can usually start a claim online through GOV.UK in England and Wales, with separate procedures in Scotland and Northern Ireland. Value limits and court fees apply and change from time to time, so check the current figures on GOV.UK or your nation's court service before you begin.
Court is a last step, not a first one. Most disputes settle earlier. See what is ADR for building disputes? and our guide to small claims for building work.
Step by step
The usual route to a small claim
Complain properly first
A written complaint describing the problem, the evidence and what you want. See how do I complain about a builder?
Send a letter before claim
A formal letter stating what you are claiming and why, with a clear deadline for a response. Citizens Advice publishes templates. The courts expect this step.
Consider ADR
Offer mediation or another form of dispute resolution. It can settle things faster, and courts look at whether both sides tried.
Check the business
Confirm the builder's correct legal name and whether they are still trading. There is little point winning a claim against a business with no assets. Companies House is the place to check for a limited company.
Start the claim
In England and Wales, most money claims can be started online through GOV.UK. Scotland and Northern Ireland have their own procedures.
What to weigh up
Is a claim worth it?
Start with what you want. If you want the work put right, a court claim is usually a slow way to get it. If the relationship has broken down and you want the cost of repairs or a refund, a claim may be the right tool.
Think about proof. You will need to show what was agreed, what went wrong, and what it costs to fix. For building work that often means an independent report and quotes from other contractors. Our answer on how to prove work was defective covers this.
Think about recovery. A judgment in your favour doesn't mean you will automatically be paid. If the builder can't or won't pay, enforcing it is a further step, and if the business has stopped trading there may be nothing to recover.
Finally, think about time and cost. Court fees apply, and claims take time. In the small claims process, each side generally pays its own legal costs, which limits your exposure but also means professional help is at your own expense.
Across the UK
Different procedures in each nation
England and Wales
The small claims track of the county court. Claims can usually be started online through GOV.UK.
Scotland
Lower-value claims generally go through the simple procedure in the sheriff court. The Scottish Courts and Tribunals Service explains it.
Northern Ireland
A separate small claims procedure applies. nidirect explains how it works.
Value limits, fees and time limits for bringing a claim all apply, differ between the UK nations and are updated from time to time. Check the current rules with the official court service for your nation or with Citizens Advice before you act. This is general information, not legal advice.
The letter before claim
The letter that often settles it
The letter before claim is the step people most often skip, and it is often the one that works. It shows the builder that you are serious and organised, and it gives them a final chance to settle before costs and time build up on both sides.
Keep it clear and factual. Set out who you are, the job and its date, what was agreed, what went wrong and how you know, what you are asking for and how you have worked out the figure, and the date by which you want a response. Enclose or list your key documents, such as the quote, photographs and any expert report. Say that you are willing to consider mediation. Send it in a way you can prove, and keep a copy.
If the builder replies with an offer, consider it seriously, even if it is less than you asked for. A fair settlement now is often worth more than a better outcome months later, once the time involved is counted. Our answer on when to get legal advice covers the point at which professional help is worth paying for.
If you use Mortaro
We push for a resolution well before court
On work coordinated by Mortaro, tell us about a problem as early as you can. We raise it with your contractor and keep pressing for it to be put right, which is where most issues are settled. Your construction contract is with the contractor named in your quotation, so any claim about the work would be against them, not Mortaro.
See putting things right for how we escalate.
Straight answers
Questions about small claims
Do I need a solicitor?
Not usually. The process is designed for people representing themselves. For larger or more complex disputes, taking advice early can still be worthwhile.
Will I have to go to a hearing?
Many claims settle before a hearing, and some are dealt with through the court's mediation service. If yours reaches a hearing, it is usually less formal than people expect. This is general information, not legal advice.
Start here
Tell us about the work you have in mind
We will confirm we cover your postcode, arrange a site visit with a contractor from our network and send you a written quotation. No charge, no obligation.