Letter before action to a builder — what it must contain
The short answer: before you issue a court claim, you must write to the builder setting out what went wrong, what you want, and a deadline to respond. This "letter before action" (or "letter before claim") is expected by the court's Practice Direction on Pre-Action Conduct — and it settles a large share of disputes on its own.
REVIEWED BY: Sean McNamara on 2026-09-03
Why this letter matters more than any other
Under the Civil Procedure Rules Practice Direction on Pre-Action Conduct and Protocols (verified 2026-09-03), before issuing a claim the parties are expected to exchange enough information to understand each other's position, try to settle, and consider ADR. The practice direction states that a person who knowingly makes a false statement in a pre-action letter may face contempt proceedings — so write carefully and stick to what you can prove.
The structure the court expects
A compliant letter before claim includes:
1. Who you are and the address of the property. 2. The contract — date, what was agreed (quote, scope, price, timescale), attach it. 3. Concise details of the claim — what the builder did or failed to do, in dated bullet points. Facts, not feelings. 4. The legal basis — e.g. breach of the Consumer Rights Act 2015 ss.49–52 (reasonable care and skill, reasonable time, reasonable price) and any contract term breached. 5. What you want — the remedy: remedial work by a date, a price reduction, or a specific sum. Attach your schedule of loss with the evidence for each figure. 6. A deadline — 14 days from the date of the letter is the commonly used period for a straightforward claim (the practice direction's example). 7. What happens next — that if no satisfactory response arrives you will start a county court claim (and may seek costs and interest). 8. How to pay / respond — where to send the money or their written response.
Practical rules that win cases
- Send it in writing, keep proof — email plus recorded delivery; keep the postage receipts.
- Date everything and number the letter pages.
- Enclose copies, keep originals of every document you send.
- Stay measured. Judges read these letters if there is a hearing. An angry letter damages you; a precise one does the opposite.
- Don't inflate the claim. Exaggeration is the fastest way to lose credibility — and the practice direction makes false statements contempt-risk.
A 7-day / 14-day rhythm
Many homeowners send a short "initial complaint" first, then the full letter before action if the reply is inadequate. That is fine — just keep the total pre-action period proportionate (the practice direction prohibits using pre-action steps to gain an unfair advantage, or dragging them out unreasonably).
After the deadline passes
If the builder ignores the letter or refuses:
- File your claim via GOV.UK's online service — see the full walkthrough in take a builder to the small claims court.
- Include your letter and the delivery proof in your evidence bundle.
- Tell the court (in your witness statement) that you complied with pre-action conduct.
Sources: CPR Practice Direction — Pre-Action Conduct and Protocols (justice.gov.uk, verified 2026-09-03); Consumer Rights Act 2015. This page is general information, not legal advice.
Want this letter drafted for you in minutes, with every section the court expects? 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.