If your dispute is under £10,000, the normal court route is the small claims track. It's designed for people to run without heavy lawyers, with fixed-ish forms, short hearings and very limited recovery of legal costs -- so the loser isn't wiped out by the other side's fees.
For construction, that covers a lot of real-world fights: unpaid small invoices, modest snagging/defect claims, disputes over extras on domestic jobs.
1. When the small claims track applies
Under the Civil Procedure Rules, Part 27 sets out the small claims track rules.
In broad terms:
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It's the normal track for money claims up to £10,000 (subject to special rules for injury/housing).
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It's about financial value, not whether it's "construction" -- if you're arguing over an invoice or cost of putting defects right and the total is under £10k, this is usually where you land.
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The judge can move a claim to another track (fast track/multi-track) if it's too complex for small claims, or move a slightly higher claim down if everyone agrees -- but under £10k is the default.
Once you're on the small claims track, Part 27 kicks in and caps what costs can be claimed.
2. How you actually start a small claim (online)
Most under-£10k money claims start through an online portal now.
Two main tools:
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Money Claim Online (MCOL) -- the long-standing online system for simple fixed-sum money claims (up to £100k) against up to two defendants in England & Wales.
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Online Civil Money Claims (OCMC) / MyHMCTS -- the newer platform that's being made mandatory for solicitors and increasingly used for all money claims, with guidance updated in 2025.
To use MCOL / OCMC, broadly you need:
- a money claim (fixed amount) against someone in England or Wales
- value under the platform's limit (MCOL up to £100k; OCMC being ramped up for wider use)
- correct names and addresses
- a debit/credit card for fees, and an email address.
The gov.uk user guides walk you through registration, issuing the claim, and what happens next.
3. Fees, costs and the "do it yourself" reality
This is where small claims is different to big TCC fights.
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Issue fee: depends on claim size -- e.g. £455 for £5,000.01--£10,000 via MCOL/OCMC at recent rates.
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Hearing fee: payable later if it actually goes to a hearing; also banded by claim value.
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Costs recovery: CPR Part 27 heavily limits what you can recover -- usually just fixed costs, court fees, some witness expenses, and maybe a capped amount for expert reports in some cases. You can't normally recover full solicitor costs.
Result: for sub-£10k construction disputes, it rarely makes sense to instruct full-service lawyers to run the whole thing. The economics just don't stack unless you do a lot yourself and use legal advice surgically.
4. Where small claims works well in construction -- and where it doesn't
Good use-cases:
- Unpaid small invoices / final balances on straightforward jobs under £10k.
- Domestic defect/snagging claims where the cost to put right is clearly priced and under £10k.
- Simple refund disputes -- deposits, over-payment, clearly unperformed work.
Less suitable (but still possible):
- Complex technical defect cases needing multiple experts -- the costs and complexity can quickly outgrow the track.
- Disputes tied up with live projects and future work -- where mediation or adjudication may be a better first shot.
Courts themselves now expect ADR even in small claims, and OCMC is moving towards mandatory mediation for most under-£10k money claims. So even if you start online, you'll probably be pushed to try and settle before a full hearing.
5. Simple roadmap: small construction claim under £10k
Very stripped-down flow:
Pre-action:
- Try to resolve direct; send a clear letter/email before action with what you want and your evidence.
- Consider mediation or a structured without-prejudice meeting -- judges like to see you tried.
Issue the claim (MCOL/OCMC):
- Register, fill in your details, state the amount, and set out a concise "particulars of claim" explaining what happened and what you're owed.
- Pay the court fee.
Response stage:
- Defendant admits/defends/counterclaims; there may be an online mediation step (telephone/online mediator) especially under OCMC.
Allocation & directions:
- Court allocates to the small claims track; gives simple directions (file evidence by X date, short witness statements, perhaps one expert report if allowed).
Hearing:
- Usually 1--3 hours before a District Judge; more informal than big cases but still a court hearing. Bring your bundle: contract, quotes, emails, photos, invoices, notes, and any allowed expert report.
Judgment & enforcement:
- If you win, you get judgment for the sum + limited costs/fees. Enforcement (bailiffs, attachment of earnings, charging orders, etc.) is a separate step if they still don't pay.
Used properly, small claims is a decent pressure tool for smaller construction disputes -- as long as you go in knowing you'll be doing most of the legwork yourself and you won't get big legal costs back even if you win.
Small claims "ready check" (under £10k)
Only press "issue claim" if you can tick most of these.
- Claim is under £10,000 and basically about money, not injunctions or declarations.
- You've sent a clear letter/email before action with what you want, by when, and your key evidence.
- You've tried or at least seriously offered settlement/ADR (e.g. mediation or a without-prejudice meeting).
- You can explain your case in one page: what was agreed, what went wrong, what it cost.
- You've got the basics in a bundle: contract/quote, emails, photos, invoices, payment records, and any repair quotes.
- You understand you're on the small claims track, so you'll only get limited costs back even if you win.
- You're willing to speak for yourself at a short hearing with a judge using those documents.
If you can't tick most of that, you're better off tightening your paperwork, trying one more round of negotiation/mediation, or getting some early legal advice before jumping in.
Disclaimer: SiteKiln gives you plain-English information, not legal advice. Talk to a solicitor before making big decisions on live disputes.
What to do next
- Send a clear letter before action setting out what you want, by when, and attaching your key evidence.
- Seriously try or offer mediation or a without-prejudice meeting before issuing -- judges like to see you made the effort.
- If you decide to issue, register on Money Claim Online (MCOL) or the Online Civil Money Claims (OCMC) portal and prepare a concise "particulars of claim".
- Prepare your bundle early: contract or quote, emails, photos, invoices, payment records, and any repair quotes.
- Understand that on the small claims track you will not get full legal costs back even if you win, so plan to do most of the legwork yourself.
Sources
- Civil Procedure Rules, Part 27 (Small Claims Track) -- https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27
- Civil Procedure Rules, Part 26 (Case Management and Allocation) -- https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part26
- Pre-Action Protocol for Construction and Engineering Disputes -- https://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced
Common questions
Can I take a builder to small claims court?
Yes. Anyone can use the Small Claims track for disputed amounts up to £10,000 in England and Wales. The limit is £5,000 in Scotland and £3,000 in Northern Ireland. You don't need a solicitor. Court fees start at £35 and you get them back if you win.
Small Claims Quick-Check tool.
How do I write a letter before action?
A Letter Before Action is a final written demand for payment, sent before you sue. It must state what you're owed, the deadline (usually 14 days), and that you'll issue court proceedings if unpaid. Send it by recorded delivery and email so you can prove it arrived.
Letter Before Action template.
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