Terms and conditions for a builder doing domestic work

Domestic building work is high-value work that takes weeks, is carried out in the customer's home, and often changes in scope once work starts, which makes it more likely than most trades to end in a dispute. Terms that fix the specification, the price for changes, the stage payments and the programme are what protect the business. I draft them for a fixed fee of £995, delivered in five working days.

Who this is for

Small and medium building firms in England and Wales doing extensions, refurbishments, conversions and repairs for homeowners, and the same work for landlords and small developers. Work for someone who will live in the property is outside the Housing Grants, Construction and Regeneration Act 1996; work for a landlord or developer may be inside it, which changes the payment rules, so the terms deal with both.

What matters in a domestic builder's terms

The specification and the price

The contract is only as good as the description of the work. The terms should attach or refer to a written specification and drawings, say that anything not in it is an extra, and set out how provisional sums and prime cost items work if you use them. A price with no specification behind it leaves open what was included.

Variations and things found on site

Most domestic projects change during the work. The terms should require variations to be agreed in writing with the price and any effect on the programme before the work is done, and should treat unforeseen conditions, such as inadequate foundations, hidden services, asbestos or rot, as extras rather than risks you have priced. A change carried out before the price is agreed is where most of these disputes begin.

Stage payments and retention

Payment should follow the work: a deposit that is proportionate to materials and mobilisation, stage payments tied to identifiable milestones, and a final payment on practical completion. If the customer wants a retention against defects it should be small, time-limited and released automatically. Late payment by a business customer attracts interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998; for consumers the interest rate must be modest and stated.

Programme, delays and access

Start and finish dates should be estimates, with the programme extended for variations, weather, late decisions by the customer, late deliveries of customer-chosen materials and anything else outside your control. The terms should also cover working hours, site facilities, storage, and what the customer must do to give you access, because a customer who is unavailable for a period delays the job in the same way as the weather.

Permissions, other trades and defects

Planning permission, listed building consent, party wall notices and any neighbour's agreement are the customer's responsibility, and the terms should say so, while you remain responsible for doing the work in accordance with the Building Regulations 2010. On a domestic project the client's duties under the Construction (Design and Management) Regulations 2015 fall on the contractor unless the client appoints someone else, and the terms should record that. The terms should allow you to use subcontractors, deal with work by the customer's own trades, and define a defects period during which you return to fix your own work, as distinct from wear, misuse or the customer's changes.

Homeowners and the right to cancel

A contract signed at the customer's home or agreed by email is an off-premises or distance contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, with a 14-day cancellation period that can extend by up to a year if the cancellation information is not given. Starting within the period needs the customer's express request. The Consumer Rights Act 2015 requires the work to be done with reasonable care and skill and prevents terms that cut down a consumer's rights, so the liability clause has to be written with that in mind.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

Should I use a standard form building contract instead?

For larger domestic projects a published form can work, but most small firms find them long, unfamiliar to customers and slow to agree. A set of terms written for your business, with a schedule for the specification and price, does the same job in a form that suits the way you work.

What if the customer's architect or surveyor is running the project?

The terms should say who instructs you, who certifies payments and whose decisions bind the customer, so that an instruction from the architect is treated as an instruction from the customer and is paid for as such.

Can I stop work if I am not paid?

The terms should give you the right to suspend work on notice if a stage payment is overdue, and to recover the cost of remobilising. Without that right, stopping work can put you in breach.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495, if a main contractor or business customer has sent you their terms to sign
• Terms and conditions for a roofing business, if roofing is part of your work

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.