One of the biggest myths about taking legal action against builders is that it's prohibitively expensive. The reality? For claims under £10,000, the small claims track makes it remarkably affordable. You don't need a lawyer, and your only mandatory cost is the court filing fee - which the builder pays if you win.
Court Filing Fees: Your Only Required Cost
The court charges a fee to file your claim, based on how much you're claiming. This is the only mandatory cost for taking a builder to court:
| Claim Amount | Court 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 |
Important: If you win your case, the builder must pay your court fee on top of your claim amount. You get it back.
Hearing Fee: Only If It Goes to Court
If the builder contests your claim and it goes to a hearing, there's an additional fee:
- Claims up to £300: £27
- Claims £300.01 to £500: £55
- Claims £500.01 to £1,000: £80
- Claims over £1,000: £115
Again, if you win, the builder pays this fee too. Many builders settle before the hearing stage to avoid court, so you may never pay this fee at all.
You Don't Need a Lawyer
The small claims track (for claims under £10,000) is specifically designed for people to represent themselves. Even if you hire a lawyer, you can't recover their fees if you win - the system actively discourages using lawyers for small claims.
This is intentional: small claims court is meant to be accessible, informal, and affordable for ordinary people. Judges expect non-lawyers and adjust proceedings accordingly.
Affordable Justice Starts Here
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Optional Costs: Expert Reports and Surveys
While not mandatory, these professional services can strengthen your case:
Building Surveyor Report
Cost: £300-£800 depending on complexity
What it provides: Professional assessment of defects, confirmation that work doesn't meet standards, estimate of remediation costs. Particularly valuable for structural issues or building regulation breaches.
Expert Witness (Rare in Small Claims)
Cost: £500-£1,500
What it provides: Specialist opinion on technical matters. Generally only needed for complex cases. Most small claims don't require expert witnesses.
When Are These Worth It?
Consider expert reports when:
- Your claim is over £3,000 (justifies the expense)
- The defects are technical or not obviously visible
- The builder disputes that work is defective
- You need professional confirmation of remediation costs
Skip them when defects are obvious (visible poor workmanship, incomplete work, etc.) and you have clear photos and quotes from other builders.
JustClaim Service Costs
Traditional solicitors charge £250-£400 per hour to prepare building dispute claims. A typical case can cost £2,000-£5,000 in legal fees alone - money you can't recover even if you win.
JustClaim offers fixed-price services to help you prepare your case without hourly billing:
- Free case assessment - Find out if you have a valid claim
- Affordable document preparation - Fixed fees for Letters Before Action and claim forms
- DIY option - Use our guidance to prepare everything yourself
Total Cost Examples
Here's what it actually costs to sue a builder for different claim amounts:
Small Claim (£1,000 for incomplete work)
Court filing fee: £70
Hearing fee (if contested): £80
Photos and quotes: £0 (you take photos, get free quotes)
Total: £70-£150 (recovered from builder if you win)
Medium Claim (£5,000 for defective extension)
Court filing fee: £205
Hearing fee (if contested): £115
Optional surveyor report: £500
Total: £320-£820 (filing fees recovered if you win)
Larger Claim (£8,000 for major issues)
Court filing fee: £455
Hearing fee (if contested): £115
Optional surveyor report: £600
Total: £570-£1,170 (filing fees recovered if you win)
Key Insight: Even for a £10,000 claim, your out-of-pocket costs (excluding optional expert reports) are just £570 maximum - and you get the court fees back if you win.
What If I Can't Afford the Court Fees?
If you're on certain benefits or have low income, you may qualify for Help with Fees (previously called fee remission). This can reduce or eliminate court fees entirely.
You may qualify if you:
- Receive certain benefits (Income Support, Jobseeker's Allowance, etc.)
- Have income below certain thresholds (including partner's income)
- Have savings below £16,000
Apply using form EX160 when you file your claim. The assessment is quick and doesn't affect your ability to file if you don't qualify.
Don't Let Cost Stop You Getting Justice
Small claims court is designed to be affordable. Find out exactly what your case will cost with our free assessment.
Hidden Savings of Small Claims Court
Beyond low filing fees, small claims court saves you money in other ways:
No Lawyer Needed
Avoiding solicitor fees saves you thousands. Traditional legal representation for a building dispute can cost £3,000-£10,000 - far more than the claim itself for smaller cases.
Informal Process
Small claims hearings are relaxed. No wigs, no court reporters, no legal jargon. Just you, the builder, a judge, and your evidence. This simplicity means you don't need expensive legal prep.
Quick Resolution
Cases typically resolve within 6-9 months. Faster resolution means less time and stress, and quicker access to compensation.
Paper-Based Option
Many small claims are decided "on the papers" without a hearing. You submit evidence, the builder submits their response, and the judge decides. This can save you the hearing fee and time off work.
When Costs Might Be Higher
In some situations, you might face higher costs:
Claims Over £10,000
These go to "fast track" court where procedures are more complex. Court fees are higher (starting at £455+), and you may genuinely need legal advice. Consider whether your claim should be capped at £10,000 to stay in small claims.
Complex Technical Issues
If your case involves complicated structural engineering or requires multiple expert witnesses, costs can escalate. Consider whether the potential recovery justifies the expense.
Losing Your Case
If you lose, you don't get court fees back. In small claims, you typically won't be ordered to pay the builder's costs (unlike higher courts), but your fees are lost. Only pursue claims you're confident about.
Comparing Costs: Legal Action vs Accepting Loss
Consider the math:
Scenario: Builder Owes You £4,000
If you sue:
Court fees: £205 + £115 = £320
If you win: Recover £4,000 + £320 in fees = £4,320 total
Net gain: £4,000
If you don't sue:
Loss: £4,000
Builder faces no consequences
Net loss: £4,000
The choice is clear: even paying £320 in court fees to recover £4,000 is excellent value. And if you win, you get the fees back anyway.
Calculate Your Exact Costs
Every case is different. Our AI assistant will tell you precisely what your claim will cost and what you can recover.
Fee Recovery: What Happens When You Win
If you win your case, the court orders the builder to pay:
- Your full claim amount
- Your court filing fee
- Your hearing fee (if there was a hearing)
- Fixed costs for serving documents (typically £60-£100)
What you can't recover in small claims:
- Lawyer fees (if you hired one anyway)
- Expert report costs (usually)
- Time off work for the hearing
- Your travel to court
This is why the small claims track is designed for self- representation - you'd waste money on lawyers you can't recover.
Payment Plans and Enforcement
Even if you win, collecting money from the builder might require enforcement. Additional costs may include:
If Builder Doesn't Pay Voluntarily
- Bailiff warrant - £110 (often recovered from builder)
- Attachment of earnings - £110
- Charging order - £110
- Third party debt order - £110
These enforcement fees are usually added to the debt, so the builder pays them too. Factor in that you might need to pursue enforcement, but it's still affordable compared to losing your claim entirely.
Is It Worth It?
Consider taking action when:
- Your claim is over £500 (makes filing fee worthwhile)
- You have strong evidence of breach or poor work
- The builder is traceable and has assets
- The principle matters to you (not just the money)
Maybe reconsider when:
- Your claim is tiny (under £200) and builder is judgment-proof
- You have very weak evidence or the case is highly uncertain
- The builder has disappeared completely and has no traceable assets
Why JustClaim Makes It Even More Affordable
While you can absolutely do everything yourself, JustClaim helps you avoid costly mistakes:
- Correct claim amount - Helps you calculate exactly what you're entitled to
- Proper documentation - Ensures your claim form is complete and correct
- Evidence guidance - Shows you what evidence matters (avoiding expensive expert reports you don't need)
- Time savings - Streamlines the process so you spend less time figuring it out
- Confidence - Reduces risk of errors that could weaken or lose your case
The Bottom Line
Suing a builder in small claims court costs between £35 and £570 in mandatory fees (depending on claim size), which you recover if you win. You don't need a lawyer. Optional expert reports (£300-£800) can strengthen your case but aren't always necessary.
For most builder disputes under £10,000, the cost is affordable and the potential recovery far outweighs the expense. The system is designed to be accessible, and thousands of homeowners successfully use it every year without legal representation.
Don't let cost concerns stop you from pursuing what you're owed. The barriers are much lower than you think.