Builders · Money and payments

Materials and retention of title

Materials can be a big part of a job's cost. A little planning about who owns them, and when, reduces the risk.

Information, not legal advice. This guide explains official rules in plain words for England, with links to the sources. Rules change and every job is different, so check the source or get advice for your situation. Last checked 24 October 2026.

Retention of title

When you sell goods, the contract can say that ownership does not pass to the buyer until conditions are met, such as payment in full (Sale of Goods Act 1979, s.19). Builders' merchants and suppliers may use these clauses, and builders can use them with clients too.

In practice, such a clause is most useful for materials that are still separate and identifiable, for example stored on site or not yet fitted. Once materials are built into the property, relying on the clause is much harder. Get legal advice before relying on it, and never remove anything from a client's home without clear agreement.

Practical ways to cut the risk

• Invoice large material orders as their own stage, payable before or on delivery, and say so in the contract.
• Let the client buy high-value items (kitchens, sanitaryware, windows) direct, if that suits both of you. Citizens Advice suggests this to homeowners (Citizens Advice).
• Keep delivery notes and photos showing what was delivered and when.
• Check your own suppliers' terms, because your supplier may own the materials until you pay them.

After a court judgment

There is no shortcut to taking security over a client's home for an unpaid bill. If you win a money claim and it is not paid, one enforcement option is to ask the court for a charging order on the debtor's property (GOV.UK). See chasing unpaid invoices.