A conservatory contract can contain small-print terms that a court would not enforce. The Consumer Rights Act 2015 and Competition and Markets Authority guidance explain which terms are risky and which can never bind.
In this guide
Fitting a conservatory usually involves a written contract with a deposit, stage payments and a long list of conditions. Part 2 of the Consumer Rights Act 2015 lets a homeowner ignore terms that are unfair, and it applies across the United Kingdom. This guide sets out how the test works, using the Act and the Competition and Markets Authority (CMA) guidance for businesses. It is general information, not legal advice.
How the fairness test works
Section 62 of the Act says an unfair term of a consumer contract is not binding on the consumer. A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the consumer’s detriment. Fairness is judged by the nature of the subject matter, all circumstances when the term was agreed, and the contract’s other terms.
The protection is one-way. Section 62(3) allows a consumer to rely on a term if they choose to, so a homeowner is not forced to abandon a clause that helps them. Under section 71, a court must also consider whether a term is fair even where neither side has raised the point, provided it has enough legal and factual material before it.
What the test cannot check
Section 64 removes two things from the fairness assessment: the term that specifies the main subject matter of the contract, and the appropriateness of the price compared with what is supplied. The exemption applies only if the term is transparent and prominent. Transparent means expressed in plain and intelligible language and, if written, legible; prominent means brought to the consumer’s attention so an average consumer would be aware of it.
The exemption has limits. CMA guidance states that elements of price other than the amount charged, such as timing, method or variation of payment, are not part of the essential bargain and can be checked for fairness. Terms on the indicative list in Schedule 2 to the Act are also not exempt.
Terms to look for in a conservatory contract
Schedule 2 lists terms that may be regarded as unfair. Several map directly onto home-improvement paperwork:
- Letting the trader keep sums paid when the consumer decides not to go ahead, without equivalent compensation when the trader is the one cancelling.
- Requiring a disproportionately high sum from a consumer who cancels or fails to fulfil the contract.
- Letting the trader raise the price without giving the consumer the right to cancel if the final price is too high.
- Letting the trader decide the price afterwards, or change the characteristics of what is supplied, without a valid reason specified in the contract.
- Giving the trader the exclusive right to decide whether the work conforms to the contract.
- Binding the consumer to terms they had no real opportunity to read before agreeing.
The CMA gives worked examples. A clause stating that start and completion dates are estimates only, with time not of the essence, is described as unlikely to be fair because it excludes liability even where the trader is at fault for the delay. A fairer version lets the customer set a new date if work is not started or finished within 5 days of the estimate and then cancel for a full refund.
Deposits and cancellation charges
On prepayments, the CMA says a term is unlikely to be fair if it makes prepayments non-refundable regardless of why the customer cancels, or lets the business keep money when it has not supplied anything. A business may legitimately keep a deposit in full if it is no more than a small percentage of the price and the contract makes clear exactly when it becomes non-refundable. Cancellation fees should reflect a genuine estimate of what the business loses, taking account of steps to reduce that loss.
These contract-law checks sit alongside statutory cancellation rights. The 14-day rules and the personalised-goods exception are explained in the guide to cancelling a conservatory order, and money paid before an installer fails is covered in the guide to installer insolvency.
Terms that never bind
Some wording is prohibited outright. The CMA states that wording excluding or limiting a trader’s responsibility for the death or injury of any customer must never be used, and that wording cannot take away legal rights such as the right to services of a reasonable standard or a price reduction or replacement. Those service standards are explained in the guide to substandard installations.
Where a dispute arises, CMA and Trading Standards can act against businesses that use unfair or non-transparent terms, according to GOV.UK. A homeowner can raise an unfair term with the installer and use the routes in the guide to resolving a dispute without court.
FAQs
Does a signed contract mean every term is binding?
No. Section 62 says an unfair term is not binding on the consumer, whatever the consumer signed, although the consumer may choose to rely on it.
Can the price itself be challenged as unfair?
Not under the fairness test, if the price term is transparent and prominent. Other rules on misleading pricing may still apply.
Is a non-refundable deposit always unfair?
No. CMA guidance says a small deposit can legitimately be kept in full if the contract is clear when it becomes non-refundable, but making prepayments non-refundable in all circumstances is unlikely to be fair.
The bottom line
Under Part 2 of the Consumer Rights Act 2015, an unfair term in a conservatory contract does not bind the homeowner, and terms on retained deposits, disproportionate cancellation charges, one-sided price rises and open-ended delay are the ones the Act and the CMA single out. The price and the product description escape the fairness test only if they are transparent and prominent. Reading the small print before paying a deposit and keeping a copy of the signed terms put a homeowner in the strongest position.
Sources
This guide draws on the following sources, current as of 9 October 2026:
- Consumer Rights Act 2015, sections 62, 63, 64 and 71 and Schedule 2 (legislation.gov.uk)
- Writing a fair contract for customers, Competition and Markets Authority (gov.uk)
- Unfair contract terms, Competition and Markets Authority (gov.uk)
Related guides
Cancelling an order
Substandard installations
Resolving disputes
Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.