|  Home |  All documents |  My documents | Software |  Basket |  Help |  Log in |
Before the work starts

Small-scale building contract
Request for access to builders on neighbours' land
Request an estimate or quotation from a builder
Contents

Minor jobs

For minor works, if no suitable contract is supplied by the tradesman, you can use our small scale building contract for a contractor to carry out small works to premises. There is provision to allow a change to the work to be carried out. However, there must be a signed memorandum setting out the changes that have been agreed and the extra cost involved.

If there are plans and specifications for the work, details should be included within the agreement. Usually the contractor is obliged to provide the material required to carry out the work. The work must be clearly defined in the agreement so that there can be no doubt as to exactly what the contractor is expected to do. If the owner is to provide the materials, it should be stated in the agreement.

There is a clause that may be incorporated to oblige the contractor to pay the owner money for each day that completion of the work has been delayed by matters not beyond their control. The amount of money inserted must reflect a reasonable estimate of the loss that the owner will suffer if completion of the work is delayed. Unless the amount is reasonable, the money will be irrecoverable.

Bigger jobs

For bigger home improvement and building jobs, there are extra things to think about.

Step 1: Do you need planning permission?
  • Does your work need to comply with building regulations?
  • Do you need listed building or conservation area consent?
  • Check with your local authority’s planning and building control department.
Step 2: Do you need your neighbours’ agreement?

Check whether any fences and walls you have in common, will be affected. Discuss and agree this with your neighbours.

To gain access to your neighbour’s land if you are in England or Wales you can use our request access for builders to neighbour’s land document. Under the Access to Neighbouring Land Act 1992, if an adjoining owner does not give his/her consent, then the party requiring such consent may apply to their local county court for an order to carry out the repairs which must be reasonably necessary. However, before applying to the court as a matter of courtesy, consent should be sought from the adjoining owner for such access.

If you are in Scotland, this document will not apply. The Access to Neighbouring Land Act 1992 does not apply in Scotland and there is no equivalent legislation. However, a person may be granted access to a neighbouring land for specific purposes by a servitude or an ancillary real burden, both of which are types of title condition and may often (though not always) be found by examining the title deeds. In addition, those who live in a tenement (such as a block of flats) have new rights under the Tenements (Scotland) Act 2004. This act includes provision allowing owners of a property in a tenement reasonable access for repairs etc. over the property of other owners.

Step 3: Do you need a professional to help you plan the project?

A professional such as an architect or surveyor may be able to help with designing, planning and managing larger or more complex jobs. If they employ sub-contractors, they are responsible for the quality of the sub-contractor’s work.

Step 4: Have you told the company which insures your house that you are having work done on it?

If not, you should inform the company that you are having work done on your house.

Planning the work

Draw up a list of what work is to be done, to be used as a basis for traders to quote a price for the work or to give you an estimate. To request a quote/estimate from a builder, you can use our Request an estimate or quotation for building work letter. To help the builder come up with a quote, you might want to include the following information:

  • Preparatory work: removing defective paint, ensuring surfaces are made good before repainting, removing rotten wood from window frames and so on.
  • Protection of existing features: for example, if you want parts of your property, such as mouldings, fireplaces or woodwork, to be protected against possible damage.
  • Materials : if you want certain materials to be used say what they are,such as which roof tiles, what type of paint and how many coats of paint you want.
  • Location, access and facilities: specify where the work is to be done, how the trader will get in, what storage space is available, what water, electricity or phone utilities can be used.
  • At the end of the job: state that the site should be left clean and tidy, with rubbish and any unused materials removed.

If you are only having minor renovation work done, you can use our small-scale building contract to draw up a contract between you and your builder. If you are presented with a contract that has already been written, you should not sign it until you have read it. If you disagree with any of the terms you should ask the tradesman to remove them or come to an agreement about alternative terms.

Paying as you go

For big jobs, paying in stages is a good way of keeping control of the job. If the trader fails to turn up, point out that the next payment could be delayed or stopped.

  • Agree in writing in advance the timing of payments.
  • If possible, try to negotiate an agreement in writing that you can keep back a percentage of the fee after the work is completed, to check that everything has gone well.
  • Don’t pay a lump sum to cover materials for the whole job, only pay for those that are needed at any particular stage. It can be better to order the goods yourself and have them delivered direct to you.
Package deals

Some companies offer packages for fitted kitchens, loft conversions, etc,, where they sort out everything for you. Be aware that you might be paying extra for the convenience of a package.

  • Query with the trader if you are asked to pay large deposits or payment in full before the work has been finished. Contact Consumer Direct if you need further advice.
  • Make sure the contract includes as much information as possible.
  • In case something goes wrong, make sure you know who has overall responsibility for the work, particularly if sub-contractors will be involved.
Useful organisations
Chartered Institute of Architectural Technologists

The Chartered Institute of Architectural Technologists (CIAT) is the professional institute representing individuals working and studying in the field of architectural technology in the UK and overseas.

397 City Road, London EC1V 1NH

Telephone: 020 7278 2206

Building Centre

26 Store Street, London WC1E 7BT

Tel: 020 7692 4000

An information centre offers technical advice and help to consumers about building projects and materials. Has an exhibition as well as a bookshop selling guides on home improvements projects. Also sells standard contracts (both ACA and JCT). Centre open Monday to Friday from 9.30am until 6pm, Saturday 10am to 4pm.

Royal Institute of British Architects (RIBA)

The Clients’ Advisory Service

66 Portland Place

London

W1N 4AD

Tel: 020 7580 5533

RIBA’s Clients’ Advisory Service can send you two introductory leaflets: ‘Working with your architect’ and ‘Selection of an architect’. The RIBA bookshop is also at Portland Place. There is a mail order service from RIBA Publications, Finsbury Mission, Moreland Street, London EC1V 8BB (020 7251 0791).

A standard contract (the JCT - Joint Contracts’ Tribunal contract) is available from the shop or by post. RIBA also has regional offices with lists of local architects.

Royal Institution of Chartered Surveyors

Database Resource Department

Surveyors’ Court

Westwood Way

Coventry

CV4 8JE

Tel: 02476 694757

A range of services offered, including help with offering surveyors’ opinions in disputes. Supplies three names and contact numbers for surveyors in your area. There is also a mail order service and a bookshop located at 12 Great George Street, London SW1P 3AD

Tel: 020 7222 7000.



Read more