Small Claims for Building Work: A Homeowner’s Guide
How the small claims process works for a dispute over building work, what to do before you claim, and the questions worth answering before you start.
The short version
The small claims process is built for people without lawyers. It works best as a last step, taken with good records and realistic expectations.
If a builder will not put defective work right or refund money for work not done, and a formal complaint and mediation have not settled it, you can bring a claim in the civil courts. Lower-value claims go through a simplified procedure designed so that people can represent themselves. In England and Wales it is the small claims track, in Scotland it is called simple procedure, and Northern Ireland has its own small claims court.
The financial limits, court fees and forms differ between the three systems and change from time to time, so this guide does not quote them. Check the current figures on GOV.UK for England and Wales, mygov.scot for Scotland and nidirect for Northern Ireland before you start.
What follows is how the process works in general, what to do before you claim, the evidence that matters and the practical questions to ask yourself first. It is part of our guide to when building work goes wrong. This is general information, not legal advice.
Before you claim
Four questions worth answering first
Has the contractor had a fair chance to put it right? Courts expect you to have tried to settle the matter before you claim. That means a clear written complaint, a reasonable deadline, and then a formal letter saying you intend to go to court if it is not resolved. Our guide to raising a complaint with a builder covers the first steps.
Have you considered mediation? It is often quicker and cheaper, and a court will want to know you thought about it. Mediation and ADR for building disputes explains the options.
Is the business still trading? Check a limited company's status on Companies House. A company that has been dissolved, or has gone into liquidation or administration, is dealt with very differently, and a court claim is usually not the route. Our guides to checking a company on Companies House and when a contractor goes out of business cover both.
Could they pay if you won? A judgment in your favour is an order to pay, not the money itself. If the business has no money or assets, collecting what you are owed can be difficult. It is worth thinking about that honestly before you spend time and fees on a claim.
The process
How a small claim usually runs
This is the general shape in England and Wales. Scotland and Northern Ireland have their own rules, though the broad stages are similar.
Letter before claim
A formal letter setting out the problem, what you want, the amount and a deadline to respond, saying you will go to court if it is not resolved.
Making the claim
Most money claims can be started online through GOV.UK, or on paper. You pay a court fee based on the amount claimed. Name the right defendant: the business you contracted with.
The response
The contractor can pay, admit part of the claim, or defend it. If they don't respond in time, you may be able to ask for judgment without a hearing.
Mediation
In a defended small claim, the court service offers free mediation, and for many claims a mediation appointment is now part of the process.
Preparing for a hearing
If it is not settled, the court sets out what each side must do, such as sending documents and statements by a set date. Follow those instructions carefully.
The hearing and judgment
Small claims hearings are relatively informal and may be held in person or remotely. The judge hears both sides and decides.
Getting paid
If the other side does not pay, there are further steps to enforce the judgment, each with its own fee.
The first formal step
Writing a clear letter before claim
The letter before claim is often what settles a building dispute, because it shows the contractor you are organised and serious. It also shows a court, if it comes to that, that you gave the other side a fair chance. Keep it calm, factual and complete.
Who and what. Your name and address, the contractor's full business name, the address where the work was done, and the date of the quote or contract you accepted.
What went wrong. A short, dated account of the problem, what you have already done to raise it, and how the contractor responded. Refer to the documents and photographs rather than repeating them at length.
What you want. Either the work put right by a specific date, or a specific sum of money and how you arrived at it, for example from written estimates for the repair.
A deadline. A reasonable period for a reply, stated as a date. GOV.UK and Citizens Advice publish guidance on what is usually considered reasonable, along with example letters.
What happens next. A plain statement that you intend to start a court claim without further notice if the matter is not resolved, and that you are willing to consider mediation.
Send it in a way you can prove, such as by email and by recorded post, and keep a copy with your other records.
Which system applies
Three court systems, one principle
Each part of the UK runs its own process for lower-value claims. Always check the official source for the current limit and fees.
England and Wales
Lower-value claims are dealt with on the small claims track of the county court. GOV.UK explains how to make a claim, the current limit and the fees, including the online service for money claims.
Scotland
Lower-value claims use simple procedure in the sheriff court. mygov.scot and the Scottish Courts and Tribunals Service publish the current limits, forms and fees.
Northern Ireland
Lower-value claims go through the small claims court. nidirect explains the current limit, how to apply and the fees.
Evidence
What makes a building claim strong
Building claims usually turn on two questions: what was agreed, and whether the work met it. Your evidence should answer both. Our guide to keeping evidence and records covers how to keep it in order.
The agreement. The accepted quote or contract, any written changes and the payment terms. If the dispute is about what was included, what a building quote should include explains why the written quote is your starting point.
The problem. Dated photographs and video, taken when the problem appeared and as it developed, with a short written description of what you saw and when.
The correspondence. Every message, email and letter in date order, including your complaint, the replies and your letter before claim. Notes of phone calls, made at the time.
The cost. Payments you made, with receipts, and written estimates from other contractors for putting the work right. The court will want to see how you reached the amount you are claiming. Our guide to invoices and receipts for building work covers what to keep.
An independent view. Where the dispute is about whether work is defective, a report from a surveyor or another qualified professional can carry weight. In small claims the court decides what expert evidence it will allow, so check before paying for a detailed report.
Court fees depend on the amount you claim and the stage of the claim, and they change from time to time. In small claims, the legal costs one side can recover from the other are usually very limited, so the cost of paying a solicitor to run a small claim is often not recoverable even if you win. There are also legal time limits for bringing a claim. Check current limits, fees and time limits on GOV.UK, mygov.scot or nidirect, and ask Citizens Advice if you are unsure. This is general information, not legal advice.
Being realistic
What a small claim can and can't do
A small claim can end in a judgment that the contractor pays you a sum of money: for example, the reasonable cost of putting defective work right, or a refund for work paid for and not done. It is a practical route for a clear, well-documented dispute with a business that is still trading.
In practice, a small claim is about money. The court is unlikely to order a contractor to come back and do the work, and it will not organise the repair for you. It is not quick either: allow for weeks or months between issuing a claim and a hearing, depending on the court and whether the claim is defended.
If you are the one being claimed against, for example because you held back part of a payment, the same process applies the other way round. Respond by the deadline, set out your reasons and evidence, and take advice if the amount is significant. Our guide on when to withhold payment covers how to keep a held-back amount defensible.
Naming the right party
Who your claim is against
Your claim is against the business you contracted with for the work. For a limited company, use its registered name and registered office address from Companies House, which may differ from its trading name. For a sole trader, use their own name and the name they trade under. Getting this wrong can delay a claim or make a judgment harder to enforce.
If one company organised the work and another carried it out, check your paperwork carefully to see who the construction contract was with. Our guide to what a main contractor is responsible for explains why the contracting party matters.
If you use Mortaro
Your contractor is named from the start, and we escalate first
Mortaro coordinates domestic building projects. Your quotation names the appointed main contractor, an independent company from our network who carries out the work, holds the insurance and provides the workmanship warranty. Your construction contract is with them, so a claim about the work would be against them, and you have their name in writing before you commit.
We don't indemnify the work. What we do is work to make a claim unnecessary. If something needs putting right, tell us: we raise it with your contractor, push for a visit and a resolution, and keep at it. Contractors who fail to put their work right are removed from our network. Putting things right and who you're dealing with set this out in full.
Straight answers
Questions about small claims
Can I take a builder to the small claims court?
Yes, if you have a claim against them and have tried to resolve it first. Whether it goes through the small claims process depends on the amount and where in the UK you are. Check the current limits on GOV.UK, mygov.scot or nidirect. This is general information, not legal advice.
Do I need a solicitor?
Not usually. The process is designed for people representing themselves. You may still want advice on a larger or more complicated claim, bearing in mind that legal costs are often not recoverable in small claims.
What is a letter before claim?
A formal letter telling the other side what you are claiming, why, and by when they must respond before you go to court. It gives them a final chance to settle and shows the court you tried.
What if the builder has gone out of business?
A court claim is usually not the right route. Check the company's status on Companies House, then read our guide to when a contractor goes out of business for the options open to you.
How long do I have to make a claim?
There are legal time limits for bringing a claim, and they differ between England and Wales, Scotland and Northern Ireland. Don't leave it late. Citizens Advice explains the limits that apply to you.
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.