Cancelling a Construction Contract – do I have a cooling off period?

If you have arranged for some building work to be completed, are you able to change your mind and cancel the agreement.

What does the law state?

Consumer Law states that when you purchase goods at a distance you receive added legal protection as the products were purchased off-premises and not in store.

You should receive information about the services you are being provided with in writing and this should include the following:-

• the total price
• the time limits
• extra information about you right to cancel

Consumers have a 14-day “cooling-off period” to cancel their purchase and get their money back.

If you are not provided with this information, it could mean that your cancellation rights may be extended up to 12 months, but you should seek legal advice on this point, prior to cancelling.

This important information must be supplied in writing on paper or by email.

One important point to note, this that if any goods are damaged or diminished, then the seller can be obliged to make deductions.

Can I change my mind and cancel?

So, if you have arranged for some building work to be carried out, then your right to cancel will depend on, the following: -

• where and how you made the agreement
• whether the work has been started or not
• whether you've ordered bespoke material or not
• If you are a business rather than an individual

If your contractor starts the work during the cooling-off period without your approval, you’ll have the right to cancel and get a full refund of all costs.

If you are unsure and want advice, get in touch with our Construction Solicitors who can advise you accordingly.

When does the 14-day cooling period start?

The cooling off period will begin the day after you have agreed for the work to be to be done or you have signed an agreement.

If you have ordered materials, which you now need to return, your cooling-off period for returning them depends on the type of order:

• For one single order the cooling off period starts the date after the delivery has been made
• If you have ordered several items and they are being delivered at different times, your cooling-off period starts the day after the last item is delivered.

What if I wasn’t informed about my right to cancel?

If you were not told about your right to cancel then your right to cancel can be extended to up a maximum of 1 year. If you need advice, then please contact one of our Construction Solicitors who can help you further.