Terms and conditions for a builder doing domestic work

Domestic building work is the highest-value work most tradespeople do, and the most likely to end in a dispute, because the job takes weeks, the customer lives in it, and the scope changes as the walls come down. Terms that fix the specification, the price for changes, the stage payments and the programme are what keep a project out of court. 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 is an invitation to disagree about what was included.

Variations and things found on site

Every domestic project changes. 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 customer who wants the change done today and priced later has just started the dispute.

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 away for a fortnight has delayed the job as surely as the rain has.

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. 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 around your business. Five working days.

Review of your existing terms, £495. You already have terms and want to know how much of a problem they are. 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 terms drafted around your business, not a template with your name inserted
• A covering note in plain English explaining every commercial choice I made and why, so you can defend the terms in a negotiation without ringing me
• Liability, payment, termination and IP provisions set at a level that will survive a procurement review
• Consumer-facing wording drafted to be enforceable where you sell to consumers
• Guidance on how to incorporate the terms properly, which is where most businesses actually fail
• One round of amendments after you have read them

What is not included

• Negotiating your terms with individual customers
• 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

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 you can actually use.

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, downing tools 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.