Summary

The Consumer Rights Act 2015 replaced and consolidated several earlier pieces of legislation including the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982. For tradespeople dealing with domestic (residential) customers, the CRA 2015 is the primary consumer protection legislation that governs your work. Understanding it is not optional — every domestic job is covered by it, whether you have a written contract or not.

The key principle is that the law implies certain minimum standards into every consumer service contract. You cannot contract out of these implied terms — a clause in your T&Cs saying "work is provided as-is with no liability for defects" would be unenforceable under the Unfair Terms in Consumer Contracts provisions. The minimum standard is reasonable care and skill — which in a trade context means work that meets the standards expected of a competent practitioner in that trade.

The CRA 2015 also introduces a tiered remedy system: the customer must first request repeat performance (you redo the work); if this fails or is not possible within a reasonable time, they can claim a price reduction. In limited circumstances, they can reject the service and claim a full refund. This framework protects you as well as the customer — the customer cannot immediately demand a refund; they must first give you the opportunity to remedy the defect.

Key Facts

  • CRA 2015 applies to contracts between any business (including sole traders) and consumers (private individuals acting outside a business context)
  • B2B contracts — NOT covered by CRA 2015; governed by Sale of Goods Act 1979, Supply of Goods and Services Act 1982, and Unfair Contract Terms Act 1977
  • Section 49 — services must be performed with reasonable care and skill
  • Section 51 — services must be performed at a reasonable price if the price was not agreed in advance
  • Section 52 — services must be performed within a reasonable time if no timescale was agreed
  • Section 54 — right to require repeat performance at no extra cost as the first remedy
  • Section 55 — right to a price reduction if repeat performance is refused, impossible, or not done within a reasonable time
  • Section 56 — in limited circumstances, a full refund (but only where repeat performance and price reduction are not adequate remedies — rare in services)
  • Unfair terms — Part 2 CRA 2015; any contract term that is unfair (not reasonably foreseeable at the time of contract) is not binding on the consumer; but the rest of the contract continues
  • Transparency requirement — all contract terms must be in plain, intelligible language; a complex or opaque T&C clause may be held unfair even if substantively reasonable
  • Digital content — the CRA also covers digital content (e.g., smart home apps, software); less relevant for most tradespeople
  • Who is a consumer? — a private individual; NOT a business, even a sole trader, acting in a business capacity
  • "Reasonable care and skill" — the standard of a competent practitioner in the relevant trade; defined by trade custom, industry standards, and relevant qualifications

Quick Reference Table

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CRA Section What It Covers Customer's First Remedy Second Remedy
s.49 — Reasonable care and skill Quality of workmanship Repeat performance (redo at no cost) Price reduction
s.51 — Reasonable price Price (if not agreed in advance) Pay only a reasonable price Court if disputed
s.52 — Reasonable time Completion timescale (if not fixed) Repeat performance within reasonable time Price reduction
s.54 — Repeat performance Right to have defective work redone Redo within reasonable time and without significant inconvenience Price reduction (s.55)
s.55 — Price reduction Where repeat performance fails Price reduction proportionate to shortfall Court if not agreed
Unfair terms (Part 2) Contract terms Term is unenforceable Rest of contract continues

Detailed Guidance

"Reasonable Care and Skill" in Practice

Section 49 is the most important provision for tradespeople. It means that your work must meet the standard of a competent, qualified practitioner in your trade. What constitutes that standard depends on:

  • Relevant British Standards (BS 7671 for electrical; BS 5440 for gas; BS EN 806 for plumbing)
  • Approved Codes of Practice and industry guidance
  • What a competent member of your trade would do in the same circumstances
  • Your own qualifications (a Gas Safe engineer is held to the standard of a Gas Safe engineer)

The standard is not perfection — it is the standard expected from a reasonably competent practitioner. However, it is also not the minimum — it means doing the job properly, not just avoiding catastrophic failure.

Examples of what "reasonable care and skill" requires:

  • An electrician installing a consumer unit must comply with BS 7671 (18th Edition); a non-compliant installation falls below the standard
  • A plumber installing an unvented cylinder must comply with Approved Document G3; omitting mandatory safety devices fails the standard
  • A builder constructing an extension must meet the relevant Building Regulations; a non-compliant extension fails the standard
  • A decorator painting interior walls must use appropriate primer and preparation; peeling paint after 6 months may indicate failure of standard

The hidden implication: If your work later turns out to be non-compliant with the relevant standard — even if you didn't know about the standard — the customer may have a claim. This is why staying current with regulations matters, and why professional indemnity insurance is important.

Repeat Performance: Your Key Protection

The primary remedy under the CRA 2015 is repeat performance — the customer asks you to redo the defective work. This is your opportunity to fix the problem before the dispute escalates. Critically:

  • The customer MUST allow you this opportunity before claiming a price reduction or refund
  • You must redo the work within a reasonable time and without causing significant inconvenience to the customer
  • You cannot charge for remedial work that arises from your failure to perform with reasonable care and skill

In practice: if a customer contacts you about a defect, take it seriously. Inspect the work promptly. If the defect is yours, fix it. This resolves the vast majority of complaints without further escalation. A customer who is ignored or dismissed is far more likely to escalate to small claims, online reviews, or trading standards.

What You Cannot Do: Unfair Terms

The CRA 2015 (Part 2) prohibits unfair terms in consumer contracts. A term is unfair if it creates a significant imbalance between the rights and obligations of the trader and the consumer, to the detriment of the consumer, and contrary to the requirement of good faith.

Terms that are likely to be unfair (and therefore unenforceable):

  • "No refunds or liability for any defects" — directly contradicts CRA 2015 implied terms
  • "Disputes must be resolved within 7 days of completion" — unreasonably short timescale; some defects take months to manifest
  • "We accept no liability for consequential loss" — may be unfair in consumer contracts (unlike B2B)
  • "The customer cannot withhold any payment for any reason" — prevents exercise of legal rights
  • "Work is carried out at the customer's risk" — shifts risk that should properly rest with the tradesperson

Terms that are likely to be enforceable:

  • "Additional works not described in this quote will be charged at [day rate]" — fair; establishes variation price in advance
  • "Our liability for defects is limited to repair or replacement; we do not accept liability for loss of use" — may be acceptable depending on context
  • "This quote is valid for 30 days from the date above" — fair; limits your exposure to material price changes

The Reasonable Price Trap

Section 51 says that if a price was not agreed in advance, the customer need only pay a reasonable price. This applies when:

  • You said "I'll look at it and charge you accordingly" without specifying a price
  • The job expanded significantly beyond the original scope and you didn't agree a variation price
  • You relied on a verbal agreement that the customer later disputes

The fix: always agree a price (or a day rate) in writing before starting work. For jobs where the scope cannot be precisely defined in advance, agree a day rate and an estimate of likely hours/total cost. A written estimate is better than nothing.

Dealing with Disputes Under CRA 2015

If a customer claims a defect:

  1. Listen carefully — understand exactly what their complaint is before responding
  2. Inspect promptly — visit the site and assess the defect within 2–5 working days
  3. Determine cause — is the defect from your workmanship, from a pre-existing condition you disclosed, from third-party products, or from customer interference?
  4. If it's your defect — offer to redo the work at no charge; fix it quickly and to a higher standard than the original
  5. If it's not your defect — explain clearly in writing why the defect is not attributable to your workmanship; reference any pre-existing condition you noted or product failure
  6. If disputed — mediation through your trade association is faster and cheaper than court

For amounts up to £10,000 in England and Wales, the small claims track (County Court) is accessible to both parties without lawyers. The court will assess whether your work met the "reasonable care and skill" standard based on evidence — which is where your written contract, variation agreements, and any contemporaneous documentation (photos, texts, emails) become critical.

Frequently Asked Questions

Does the CRA 2015 apply if I'm a sole trader working for a private customer?

Yes. The CRA applies to any business — including sole traders — providing services to consumers (private individuals). Your legal form (limited company, sole trader, partnership) makes no difference. If you are a business and the customer is a private individual acting in a personal (non-business) capacity, the CRA applies.

A customer changed their mind 3 months after completion and now says the work is poor quality — do I have to fix it?

If they have a genuine defect claim (the work does not meet "reasonable care and skill"), they have the right to request repeat performance regardless of when the defect became apparent — within a reasonable timeframe. Three months is short; six years is the limitation period for breach of contract in England and Wales (Limitation Act 1980). However, the customer must prove the defect was pre-existing at completion, not caused by subsequent damage or fair wear and tear. The burden is on them; the longer after completion, the harder this is.

Can I exclude my liability to consumers?

You cannot exclude or limit liability below the minimum standards implied by the CRA 2015 — specifically the right to repeat performance or price reduction for failure to perform with reasonable care and skill. You can restrict other aspects of liability (e.g., consequential loss) but courts will assess whether such restrictions are fair. Insurance is the correct way to manage liability — not attempting to contractually exclude it from consumers.

If I use subcontractors, am I responsible for their work?

Yes. You are the party contracting with the consumer, and you are responsible for the quality of all work carried out under your contract — including work you subcontract to others. Your subcontract with the sub-contractor can include your own right to claim against them for defects, but this does not affect your liability to the consumer.

Regulations & Standards