Raising standards: the Domestic Building Works Consumer Protection Bill 2024-25

The Domestic Building Works (Consumer Protection) Bill 2024-5 (the “Bill”) is a Private Members’ Bill introduced in the House of Commons on 21 October 2024 by Mark Garnier, the Member of Parliament for Wyre Forest.[1] Private Members’ bills are for MPs who are not in Government, to bring topics and issues to Parliament for debate.

The Bill aims to enhance consumer protection in domestic building works by establishing a licensing system for builders undertaking such projects. This initiative seeks to ensure that consumers receive high-quality services from reputable professionals, thereby promoting fair competition within the construction industry.

Impact on the construction industry

The proposed licensing scheme would require builders to meet specific standards and qualifications before undertaking domestic projects. This measure is intended to:

• Enhance consumer confidence: by ensuring that only qualified builders are permitted to carry out domestic works, consumers can have greater trust in the quality and reliability of the services they receive.
• Promote fair competition: a standardised licensing system would level the playing field, allowing reputable builders to distinguish themselves from less qualified competitors.
• Improve industry standards: the introduction of clear standards and qualifications would encourage continuous professional development among builders, leading to higher overall quality in domestic construction projects.

The Bill does not provide details for the licensing scheme, nor does it list the specific requirements a builder would have to meet in order to obtain a licence under the scheme. However, it is expected that these elements will be substantiated in due course.

While the Bill is still in its early stages, its passage could lead to significant changes in how domestic building works are conducted, potentially reducing instances of substandard workmanship and protecting consumers from unscrupulous practices.

Importance of the second reading

The second reading of a Bill is a crucial stage in the legislative process, as it provides Members of Parliament with the opportunity to debate the general principles and purpose of the proposed legislation. For the Domestic Building Works (Consumer Protection) Bill, the second reading is scheduled for March 28, 2025.[2]

During this debate, MPs will discuss the merits and potential drawbacks of the Bill, considering its implications for consumers, the construction industry, and the broader economy. The outcome of the second reading will determine whether the Bill proceeds to the next stages of the legislative process, including detailed examination in committee and further readings.

The second reading is particularly significant for the construction industry, as it will set the tone for the level of support or opposition the Bill receives. Industry stakeholders, including builders, trade associations, and consumer protection groups, are likely to engage in this debate to advocate for their interests and ensure that the final legislation effectively balances consumer protection with the practical realities of the construction sector.

History of the Bill

This Bill is not the first attempt to address consumer protection in the domestic building sector. A similar initiative, the Domestic Building Works (Consumer Protection) Bill, was presented by Mark Garnier in November 2021.[3] The 2021 Bill sought to introduce a licensing scheme to combat rogue builders and protect consumers. However, as is often the case with Private Members’ Bills lacking government support, the 2021 Bill did not pass into law.

The reintroduction of the Bill in 2024 reflects ongoing concerns about substandard workmanship and unscrupulous practices within the domestic building industry. By reintroducing the Bill, Mark Garnier aims to continue the campaign for a licensing system that ensures consumers receive high-quality services from reputable professionals.

Likelihood of passage

The passage of Private Members’ Bills is often challenging. Historically, they have a low success rate, primarily due to the need for government support and the limited time allocated for their consideration in parliamentary schedules. Without backing from the government, Private Members’ Bills are less likely to progress through the legislative process.

However, the reintroduction of the Bill in 2024 indicates a sustained interest in addressing consumer protection within the domestic building sector. The upcoming second reading, scheduled for 28 March 2025, will be a pivotal moment. If the Bill receives significant support during this reading, it may increase the likelihood of its progression. Additionally, the involvement of industry stakeholders, such as the Federation of Master Builders, and the broader public’s interest in consumer protection could influence the Bill’s prospects.

Conclusion

In summary, while the Domestic Building Works (Consumer Protection) Bill 2024-5 faces challenges typical of Private Members’ Bills, its reintroduction and the scheduled second reading suggest a continued commitment to enhancing consumer protection in the domestic building sector. The outcome will depend on the level of support it garners from both Parliament and the public. If passed, the Bill would represent a significant change to the landscape in which domestic building works are carried out.

Beale & Co’s lawyers are experienced in advising on matters throughout a project’s lifecycle, including on legal points linked to construction of domestic projects and regulatory licencing schemes. If you have any queries on the above, and how this Bill may impact your profession or future projects, please contact Nadir Hasan.

[1] Mark presents the first reading of his new Private Members Bill | Mark Garnier

[2] Domestic Building Works (Consumer Protection) Bill – Parliamentary Bills – UK Parliament

[3] Campaign to Licence UK Construction reaches Parliament | FMB, Federation of Master Builders