How to take a builder to the small claims court (England & Wales)
The short answer: for building disputes worth £10,000 or less in England & Wales you can make a county court claim online, without a solicitor. The small claims track is deliberately informal: most hearings are in public buildings with limited costs liability, and the claim fee starts at £35.
REVIEWED BY: Sean McNamara on 2026-09-03
Before you sue: the four things a judge will want
1. A completed letter before action — the court's Practice Direction on Pre-Action Conduct expects you to give the builder concise details of the claim and a reasonable chance to respond before issuing proceedings. See our letter before action guide. 2. Your evidence, organised — contract, payments, photographs, messages, any expert report. See evidence for a building dispute. 3. A clear number — exactly what you are claiming and how you calculated it. See the schedule of loss. 4. The right defendant — the legal name of the business or person you contracted with, on the quote/invoice or Companies House record. Suing the wrong name is the most common fatal error.
What the claim actually is
A county court claim for money. On GOV.UK it is explained as applying to a county court for money you are owed — "it often used to be known as taking someone to a 'small claims court'". Claims up to £10,000 are normally allocated to the small claims track, designed for people representing themselves.
Step by step
1. Complete pre-action steps (letter before action, reasonable response time — commonly 14 days is given). 2. Make the claim online on GOV.UK, or by post on form N1 if you cannot. 3. Pay the fee (table below). You may get help with fees on a low income (form EX160), and you can usually claim the fee back if you win. 4. The defendant responds — they can pay, admit and pay over time, defend, or ignore. If they ignore, you can request judgment by default. 5. If defended — the court gives directions (deadlines for witness statements, documents) and may offer free mediation before any hearing. 6. The hearing — small claims hearings are informal. Bring your bundle, your photographs (printed and on device), and any witness. 7. If you win and are not paid — enforce the judgment (warrant of control, attachment of earnings, third-party debt order — see GOV.UK enforcement guidance).
Claim fees (England & Wales, verified 2026-09-03)
Source: GOV.UK court fees.
| Claim amount | Fee |
|---|---|
| Up to £300 | £35 |
| £300.01 to £500 | £50 |
| £500.01 to £1,000 | £70 |
| £1,000.01 to £1,500 | £80 |
| £1,500.01 to £3,000 | £115 |
| £3,000.01 to £5,000 | £205 |
| £5,000.01 to £10,000 | £455 |
| £10,000.01 to £200,000 | 5% of the claim |
| More than £200,000 | £10,000 |
If a defended claim proceeds to a contested hearing, a separate hearing fee applies under the current EX50 civil fee schedule — check the schedule for the amount for your claim value.
Interest
You can usually claim interest on the amount owed — GOV.UK explains claiming interest, typically at 8% a year under the late payment rules for business contracts or the court's discretion for consumer claims. Ask for it in your letter before action and your claim.
Realistic expectations
- Most small claims settle before the hearing — the formal process itself creates pressure.
- A judgment is not money in your pocket; enforcement is a separate step (and can fail against a company with no assets).
- If your claim is complex (structural defects, multiple trades, over £10,000), get advice — solicitors, legal expenses insurance on your home policy, or Citizens Advice.
Scotland or Northern Ireland?
The limits and procedure differ: see building disputes in Scotland & Northern Ireland.
Sources: GOV.UK — Make a court claim for money and its fees pages (verified 2026-09-03); CPR Practice Direction — Pre-Action Conduct. This page is general information, not legal advice.
Turning your evidence into a court-ready bundle? EvidenceCanvas (Casewright) helps you organise your evidence and draft pre-action documents for the small claims track. It is not a law firm and does not give legal advice.
Reviewed by Sean McNamara · 2026-09-03 · Independent information directory — not legal advice.