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Hiring a Builder or Fitter for a Home Gym Project in England: Permissions, Quotes, Deposits and Your Rights

Posted on by Super Home Gym

A garage conversion, garden room or loft gym usually means hiring a builder, electrician or fitter, and the contract with that trader is where many problems start. Citizens Advice publishes detailed guidance on getting work done at home. This article summarises it for a home gym project. The advice applies to England, and Citizens Advice publishes separate advice for Northern Ireland, Scotland and Wales, which differ in places.

Step one: check permissions first

Citizens Advice says a homeowner may need more than one kind of permission or approval before starting. It states that anyone who does not get the permission required might be fined, prosecuted, made to put things right or undo the work, and might have problems when selling the home. The checks it lists include:

  • Planning permission. Usually needed from the local council for building something new such as an annexe, a major change to an existing building such as an extension, or a change of use. Smaller changes may need it in areas with extra restrictions.
  • Building regulations approval. Usually needed to extend a building, build something new or work on a controlled service or fitting, which includes most plumbing, electrical and heating work and work affecting energy efficiency. Some work never needs approval, though the person doing it must still follow the regulations. Using a trader registered with a competent person scheme can mean approval is not needed for some types of work.
  • Other permissions. These may be needed from the original developer, a management company or a mortgage lender. In a conservation area or listed building the council should be asked first, protected trees may need consent, freehold covenants may forbid outbuildings, and leasehold properties may need permission under the lease.

Step two: find traders and check them

Citizens Advice says gas work must be done by a Gas Safe registered engineer and electrical work by a properly qualified or registered electrician, describing it as dangerous to use someone who is not. It advises getting two or three recent examples of similar work with contact details and contacting the people, because written references are not always genuine. It also advises checking any scheme or trade association membership a trader claims, ringing the business to check it exists and avoiding traders who refuse references.

Step three: get written quotes

The guidance defines a quote as a promise from the trader to do the work at an agreed price and advises against relying on a verbal one. It suggests written quotes from at least three traders and stresses the difference between a quote, which is a fixed price, and an estimate, which is a rough guess. The trader cannot charge more than the quote unless the customer asks for extra work, agrees to extra work the trader says is needed, or the trader made a genuine error in writing down or calculating the price. A quote should include:

  • a fixed total price, not a daily rate;
  • a breakdown of the work and materials, with separate costs;
  • how long the price is valid;
  • whether VAT is included; and
  • when the price can rise, for example only if extra work is agreed.

Citizens Advice warns that a daily rate risks work being strung out.

Step four: insurance

Homeowners are advised to contact their buildings insurer to check cover during the work, since premiums may change and the insurer will probably want to know the trader and their insurance. It also advises asking to see the trader’s insurance policies and checking they will not expire before the work finishes. A leasehold building is normally insured by the freeholder or management company.

Deposits, contracts and cancelling

Citizens Advice says a contract can exist without a written document: agreeing a quote, fixing a start date, paying a deposit or telling the trader to go ahead can all form one. Where the work was arranged at the trader’s premises and a contract exists, cancelling breaks it, and the trader may ask for a cancellation fee and loss of profit and may hold some or all of a deposit. Once work has started, labour costs and items that cannot be removed without damage may be added. If the work was arranged by phone, online, by post or away from the trader’s premises, there is a minimum 14-day cooling-off period, beginning the day after the go-ahead, with exceptions for specially made goods and urgent repairs the customer invites the trader in for. Paying in stages is described as a good idea, so problems can be fixed before the final payment.

If something goes wrong

The trader must use reasonable care and skill under the Consumer Rights Act 2015. Citizens Advice says that where the trader supplied goods as well as the service, the customer can ask for the problem to be fixed, and where only the service was supplied, the customer can ask for a refund and for further work to stop. The customer should take up the matter with the trader who arranged the work even if it was subcontracted, and gather paperwork, photos and notes with dates. If a partial or full refund is agreed, it should be paid within 14 days.

Frequently asked questions

Can a builder keep my deposit if I cancel?

The guidance says they may hold some or all of it to cover their loss, and suggests negotiating if the amount seems unreasonable.

The bottom line

For a garage conversion or garden gym, Citizens Advice’s advice for England is to confirm planning, building regulations and other permissions first, use qualified traders for gas and electrical work, get at least three written fixed-price quotes, check both parties’ insurance, agree staged payments and put the contract in writing. Where work goes wrong, the Consumer Rights Act 2015 requires reasonable care and skill, and the first step is a documented approach to the trader who arranged the job.

Sources

Super Home Gym

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