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Dealing With a Cowboy Builder: Your Rights Under the Consumer Rights Act 2015

Substandard walls, a five-month delay on an eight-week job, a builder who's stopped answering calls. The Consumer Rights Act 2015 gives you specific, enforceable rights here — and you don't need a solicitor to use them.

The three standards every building service must meet

Under Section 49 of the Consumer Rights Act 2015, a trader supplying a service to a consumer must perform it with reasonable care and skill, within a reasonable time, and at a reasonable price if none was agreed in advance. "Reasonable care and skill" means work meeting the standard of a reasonably competent person in that trade — this doesn't require perfection, but it does mean following the accepted methods and standards of the industry, including relevant Building Regulations and technical standards like BS 7671 for electrical work.

You cannot contract this away

These are implied statutory rights, not optional terms — a builder's contract or terms and conditions cannot lawfully exclude or limit your rights under the Consumer Rights Act 2015. A clause claiming "work is provided as-is with no liability for defects" would itself be unenforceable under separate unfair contract terms protections.

The tiered remedy system

  1. Repeat performance: your first right is to require the trader to redo the substandard work, within a reasonable time and at no extra cost to you
  2. Price reduction: if repeat performance isn't possible, or the repeated work is still substandard, you can claim a price reduction — potentially up to 100% of the price in serious cases
  3. Refund: in limited circumstances, you can reject the service entirely and claim a full refund

This tiered structure matters: courts generally expect you to have given the trader a genuine chance to put things right before jumping straight to a refund demand.

Building your case

Escalation: mediation and the small claims track

If direct contact doesn't resolve things, mediation is worth trying, particularly if the trader belongs to a relevant trade body. If that fails, you can bring a claim through the small claims track of the County Court — accessible to both parties without needing a lawyer, for claims up to the current limit (£10,000 in England and Wales at time of writing, though always check the current GOV.UK figure). The court will assess whether the work met the "reasonable care and skill" standard, so the evidence you've gathered — your written contract, photographs, and any independent assessment — is what the case turns on.

What this means practically

Sources

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