Dispute resolution

We recognise that on occasion disagreements can occur when building work is being undertaken and we may be able to help through mediation.
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How can we help? 

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We are certified by the Chartered Trading Standards Institute (CTSI) to provide Alternative Dispute Resolution (ADR) to FMB members and their clients, to assist in reaching a satisfactory outcome to building disputes. 

Our ADR scheme is a free of charge, flexible process, conducted confidentially, in which we will actively assist both parties to work towards a satisfactory agreement. FMB members are required to participate in the process as part of the FMB’s Code of Conduct.

We employ four ADR officials, including one Director, one Manager and two case handlers. All were appointed on a permanent basis after a suitable interview and probationary period and receive regular specialist training relevant to their roles. They are trained to operate the FMB Dispute Resolution procedure in an impartial and fair manner. We maintain a Conflict of Interest log to ensure that this is the case. 

The dispute process is explained in the How does this work section below. You can also download the latest FMB Dispute Resolution annual report detailing our dispute services from 1 October 2021 to September 2022 for more information.

Use our online form to apply for mediation, or where mediation is not required or not applicable, you may use the form to report a member for alleged misconduct. If you are unable to use the online form, download a pdf form or request a postal form by calling 0113 201 4263.

Start your dispute

Got a question?

Call our disputes team on 0113 201 4263, email us or use the online chat on this page (Monday to Friday, 9am to 5pm)

Email disputes team

How does this work?

The intention of the Dispute Resolution Procedure (ADR) is to reach an agreed solution via telephone mediation and by reference to relevant documents. There is no need for you to seek legal advice in order to use the FMB’s disputes service but you may seek independent advice or be represented or assisted by a third party at any stage of the procedure.  No legally binding decisions will be made on your behalf and only you and the builder can decide what the outcome of the process will be. 

The FMB does not act like a court. The outcome of our mediation process may be different from what a court would have issued, as you and the builder can agree to solutions that may not be open to a judge. In the majority of cases the ADR process is successful, but where it is not, both parties are free to take further action including formal legal proceedings. 

You may withdraw your dispute at any time during the process.

Raise a dispute

  • Confirm your builder is an FMB member by using our Check a Member search*. If they are not an FMB member you should contact the Citizens Advice consumer helpline on 03454 04 05 06. 
  • Before raising a dispute you must have attempted to resolve the matter directly with your builder by clearly describing in writing the things you are unhappy with and how you want the dispute to be resolved. You should give them at least 10 working days to respond.  
  • You should also be aware that we cannot help with your dispute if:

    • You do not have a contract with our member, for example if you are a neighbour of someone who is having work carried out. In this case we recommend that you speak with your neighbour and ask them to liaise with the builder, or you seek advice from the Citizens Advice consumer helpline on 03454 040506. 

    • The work you are unhappy with has now been rectified and/or completed by another builder. 

    • It is over six years since the building work was carried out by our member.

    • The dispute is being dealt with by the courts, or by another third party including another ADR provider.

    • There is any use of a third party that would impair the effectiveness of our service. We would only assist once this has fully concluded.

    • The work is covered by an FMB Warranty (in which case you will have been issued with warranty documents). Please call FMB Insurance on 01353 652760 or visit www.fmbinsurance.co.uk for advice.

  • Once you have read and understood the above conditions you can go ahead and complete the online form. If you are unable to use the online form, download this pdf form or request a postal form by calling us on 0113 201 4263.
  • In the form you will be asked to either:
    • Apply for mediation - if the work is incomplete or requires rectification you must be willing to have the member back to remedy or complete works; or
    • Report a member (not applying for mediation) - we take all allegations of misconduct seriously and we will conduct an internal investigation, which consists of monitoring our members compliance with the FMB’s Code of Conduct.
  • Please note: We can only accept complaints in English as the disputes process is conducted in English.

* We write to all businesses that are found to be using our logos and/or wording that makes claims they are a member of the FMB when they are not. Unfortunately, not all of the businesses contacted remove the false claims and continue to mislead consumers.  Please report logo misuse to [email protected]. 

 

FMB initial response

  • Once we receive your form, we will process it within 5 working days and will contact you to confirm your case number.
  • A copy of the form will be passed to our member, who must provide a written response within 10 working days. If they fail to do so, we will send them further reminders allowing a maximum response time of 20 working days. 
  • If our member fails to respond within 20 working days*, they will be expelled from membership for non-compliance with the FMB Code of Conduct.
  • Once the member response is received, a copy of this will be forwarded to you. We will also explain our next steps and whether the case will be worked in house or forwarded to QASSS** for their consideration. 

* We may allow an extension to the deadline in some circumstances. 
** Some cases are referred to QASSS, an award-winning, independent dispute resolution provider for the home improvement sector approved by the Chartered Trading Standards Institute (CTSI). This service is offered free of charge, and is provided at the FMB’s discretion where required. 

The mediation process

  • After a member response is received, we aim to reach an outcome within 30 working days*. 
  • We will carry out telephone mediation with both parties and attempt to find an agreeable compromise and, if necessary, try to narrow the issues in dispute. 
  • We may request further documentation to support your dispute such as independent reports and photographic evidence.
  • If neither party is able to present a solution, we may suggest a solution for you to consider, but which you do not have to accept. We may also ask the FMB’s Technical Team for advice and a suggested solution. 

* We may allow an extension to the deadline in some circumstances and both parties will be notified of any extensions.

Closure process

  • If you are successful in reaching an agreed solution to resolve the dispute, we will produce a document outlining any agreement or recommendations and subsequently close the case. 
  • If we are unable to assist in reaching an agreed solution, we will notify both parties and close the dispute. Both parties are free to take further action including formal legal proceedings.
  • We do take action against members where this is warranted, and each year the FMB does expel a small number of members who have failed to abide by our Code of Conduct. However, we must follow a clear process, regulated by the CTSI, we cannot simply expel a company without further investigation, however badly the client feels they have been treated.  To do so would be clearly unfair.  
  • We may refer a member to our Standards Committee, which can apply sanctions up to and including expulsion from membership. It is at the FMB’s discretion whether a case is referred to the Committee for consideration, and this is an internal process which aims to monitor our members compliance with the FMB’s Code of Conduct. 
Raise a dispute FMB initial response The mediation process Closure process

 

The FMB does not tolerate unreasonable behaviour towards its staff by anyone using our Dispute Resolution Service. We reserve the right to withdraw our service or deal only in writing with anyone behaving in an aggressive or unreasonable manner. 

The FMB Dispute Resolution Service can be contacted on 0113 201 4263 or via email at [email protected]. Postal forms should be sent to FMB Dispute Resolution Service, Viscount Court, 245 Leeds Road, Rothwell, Leeds LS26 0GR. 
 

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