Protecting consumers from rogue builders
There will be a Westminster Hall debate on protecting consumers from rogue builders at 3:00pm on 13 November 2025. The debate will be opened by Mark Garnier MP.
Rogue trading encompasses a range of activities where the trader is acting outside of the law and to the detriment of the consumer. There are numerous ways in which rogue builders can take advantage of consumers. For example, some cases may involve doorstep scams or unsolicited approaches. This is where a homeowner is persuaded to carry out property maintenance, makes an advance payment, and finds out later that the contractor has done little or no work. Other cases might involve a builder abandoning a half completed project or performing works to a poor standard.
Relevant consumer law Consumer Rights ActAll builders carrying out work on private homes are regulated by the Consumer Rights Act 2015 (CRA 2015). This act sets out the standards that consumers can expect when a trader supplies goods and services (including building works), and statutory remedies if those rights are breached.
A Library briefing, Consumer Rights Act 2015 (PDF), provides further information. Traders cannot contract out of UK consumer law.
In a building dispute, if a trader and a consumer cannot agree to a remedy or settlement, the consumer can pursue a claim in the civil courts against the trader for breach of contract. Some consumers may be reluctant to pursue a court action because of the costs involved and the risk that the builder may have insufficient assets to make a refund.
Under the Limitation Act 1980, a breach of contract claim generally remains enforceable for six years. If the builder’s financial position improves during this six-year period, the consumer may still be able to take legal action against them.
If all or some of the disputed building works were bought on credit (using a credit card), the constituent might be able to enforce their consumer rights against the credit provider instead of the builder under section 75 of the Consumer Credit Act 1974. This is particularly useful in situations where a trader has gone out of business or cannot be traced.
Finally, some builders elect to be a member of a trade body, such as the Federation of Master Builders. Such bodies may offer a free mediation service to resolve disputes out of court.
Unfair trading provisions of the Digital Markets, Competition and Consumers ActThe unfair trading provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA) also apply to builders. These provisions apply to commercial practices which occur from 6 April 2025 onwards. They maintain much of the scope and effect of the previous law, the Consumer Protection from Unfair Trading Regulations 2008, which will continue to apply to consumer contracts made before 6 April 2025.
Under Part 4, chapter 1 of the DMCCA, some commercial practices are always considered unfair, whilst others will only be unfair if they impact on a consumer’s commercial decision-making.
There are three types of commercial practice which are always deemed unfair, regardless of their impact on consumer decision-making:
- Banned practices. Schedule 20 of the DMCC Act lists 32 “banned practices” including fake reviews, misuse of trust marks, pressure selling and selling illegal products.
- Omissions of material information from an invitation to purchase. This includes failure to provide information on the main characteristics of the price, product and trader, failure to display information in a clear, timely manner and drip pricing.
- Promotion of unfair commercial practices in a code of conduct.
Certain commercial practices will be ‘unfair’ if they “are likely to cause the average consumer to take a transactional decision which they would not have taken otherwise, as a result of the practice”. Under the DMCCA, there is no need for actual customers to be affected by a commercial practice.
EnforcementThe Competition and Markets Authority (CMA) now has direct enforcement powers in consumer protection law under part 3 of the DMCCA. This means that the CMA are able to impose penalties of up to 10% of global turnover alongside other measures for serious infringements of consumer law, including issuing directions (which can include consumer redress requirements).
Under Part 3, local authorities Trading Standards may also apply to the court for an enforcement order or interim enforcement order if they consider that a person has engaged in a commercial practice which constitutes a relevant infringement of consumer law.
Parliamentary activityCurrently there is no statutory compulsory licensing scheme for builders in the UK.
The Domestic Building Works (Consumer Protection) Bill (session 2021-22), was a Private Members’ Bill introduced in the House of Commons by Mark Garnier MP. It sought to empower the secretary of state to introduce by regulations a licensing scheme for builders undertaking domestic building works. The aim being to protect consumers from unprofessional property developers and to promote fair competition among reputable builders. The bill was withdrawn before second reading.
On 13 June 2023, there was a Westminster Hall debate on tackling rogue builders also led by Mark Garnier MP. During this debate, Members discussed the options for recourse when building work falls short of acceptable standards of quality and safety, and how these could be improved.
There was also a public petition to introduce statutory licensing and regulation of builders. The petition closed on 11 October 2023 with just under 11,000 signatures. Responding to the petition, the previous government said it had strengthened consumer protection through the CRA 2015 and “does not support a building licensing scheme” but it will keep this policy under review. The full response can be viewed online.
On 20 March 2024, Mark Garnier introduced in the House of Commons the Domestic Building Works (Consumer Protection) Bill (session 2024-25), a bill to make provision about consumer protection in relation to domestic building works. This presentation bill, a type of Private Members' Bill, is used to draw attention to an issue. The bill has not received a second reading.
Parliamentary questionsTo ask the Secretary of State for Business and Trade, whether his Department plans to introduce a statutory compulsory licensing scheme for builders.
17 Sep 2025 | Written questions | Answered | House of Commons | 71527
Asked by: Edwards, Sarah | Answered by: Blair McDougall | Department: Department for Business and Trade
To ask the Secretary of State for Housing, Communities and Local Government, what steps her Department is taking to help (a) local authorities and (b) Trading Standards take action against rogue builders; and what steps her Department is taking to improve the (i) frequency and (ii) success of Trading Standards actions against rogue builders.
16 Sep 2025 | Written questions | Answered | House of Commons | 74824
Asked by: Naish, James | Answered by: Matthew Pennycook | Department: Ministry of Housing, Communities and Local Government
To ask the Secretary of State for Housing, Communities and Local Government, whether her Department holds information on the number of rogue builders prosecuted in England in each of the past three financial years.
16 Sep 2025 | Written questions | Answered | House of Commons | 74823
Asked by: Naish, James | Answered by: Matthew Pennycook | Department: Ministry of Housing, Communities and Local Government
Asked by: Sir Julian Lewis (New Forest East) (Con)
As Ministers will know, some rogue builders take thousands of pounds from people, wreck their homes and leave them while they go on to do the same to other victims, yet victims are told that no crime has been committed.
Answered by: Alex Davies-Jones | Department: Justice
We will be consulting on a new victims code in due course to make sure that all these crimes are captured, so that we can support all victims. I would be happy to discuss this matter further with the right hon. Gentleman.
16 Sep 2025 | Topical questions - Supplementary | Answered | House of Commons | 772 c1336
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential implications for his policies of the Federation of Master Builders report entitled Licence to build: A pathway to licensing UK construction, published on 2 July 2018.
13 Feb 2025 | Written questions | Answered | House of Commons | 29506
Asked by: Wilson, Munira | Answered by: Sarah Jones | Department: Department for Business and Trade
To ask the Secretary of State for Business and Trade, what assessment he has made of the potential merits of introducing (a) licencing for builders and (b) affordable recourse for people impacted by rogue builders.
16 Jan 2025 | Written questions | Answered | House of Commons | 23175
Asked by: Wilson, Munira | Answered by: Justin Madders | Department: Department for Business and Trade
To ask the Secretary of State for Business and Trade, what steps his Department is taking to help tackle rogue builders.
17 Dec 2024 | Written questions | Answered | House of Commons | 18841
Asked by: Maguire, Ben | Answered by: Justin Madders | Department: Department for Business and Trade
To ask the Secretary of State for Business and Trade, if he will introduce a licencing regime for builders.
22 Jul 2024 | Written questions | Answered | House of Commons | 60
Asked by: Garnier, Mark | Answered by: Sarah Jones | Department: Department for Business and Trade
Asked by: Richard Foord (Tiverton and Honiton) (LD)
Mr Hussein from east Devon, whom I represent, has effectively been robbed of £100,000, given that £40,000 of sub-standard building work has to be levelled and destroyed. The Federation of Master Builders has campaigned for a compulsory licence scheme for construction companies. The Domestic Buildings Works (Consumer Protection) Bill would outlaw cowboy builders, provide compensation for consumers and ensure that reputable builders were not undercut by unlicensed rogues.
Answered by: Kevin Hollinrake | Department: Business and Trade
The hon. Gentleman raises an important point. Some of the most frequent correspondence that I get from colleagues from across the House relates to rogue builders. We are determined to ensure that this does not happen to our constituents. We advise them to use builders registered with TrustMark, which is a trusted scheme, to ensure that work is done properly. I would be very happy to meet him to discuss that potential legislation.
07 Mar 2024 | Topical questions - Supplementary | Answered | House of Commons | 746 c962
Further recent parliamentary material on the topic of builders and licensing schemes is publicly available on Hansard or through the parliamentary search tool (please note, this requires a parliamentary log in).