New Bill proposes ban on retentions in construction contracts

The government is introducing legislation aimed at tackling late payments, including plans to ban retentions in construction contracts.

ADVERTISEMENT

The government is set to introduce a new Bill today that could bring major changes to payment practices across construction, including a proposed ban on retentions under construction contracts.

The Small Business Protections Bill, introduced to Parliament today, is intended to tackle late payment and give small businesses stronger protection when dealing with larger firms.

For scaffolding and access contractors, the most significant part of the Bill is the proposed action on retentions.

Retentions have long been a source of frustration for subcontractors across construction, with money often withheld for long periods after work has been completed. For smaller firms, this can place pressure on cash flow, wages, supplier payments and day-to-day operations.

The Bill also proposes a 60-day cap on payment terms for large firms paying smaller suppliers.

Late payment interest would become mandatory, set at 8% above the Bank of England base rate.

The government said the reforms would give the Small Business Commissioner stronger powers to investigate poor payment practices, adjudicate disputes and fine persistent late payers. Ministers said potential penalties for repeat offenders could be worth tens of millions of pounds.

Prime Minister Keir Starmer said small businesses were being forced to spend too much time chasing money they were already owed.

“Too many small business owners are spending hours chasing money they are owed and when payments don’t come through, the cost is personal,” he said.

“It’s about whether you can pay your staff, keep the lights on, or invest in your future.”

Business Secretary Peter Kyle said late payments cost the UK economy £11bn each year and were putting firms at risk.

“Through this landmark Bill we are delivering the toughest payment reforms in over a generation, to give the UK the strongest legal framework in the G7, and back small businesses with the certainty they need to grow and thrive,” he said.

The government said late payments are responsible for 38 business closures every day.

The Bill builds on the Late Payment of Commercial Debts Act 1998 and follows pressure from small business groups for tougher rules on poor payment behaviour.

The Federation of Small Businesses said the reforms were a significant step for small firms.

FSB Policy Chair Tina McKenzie said: “Tackling late payment is one of the biggest things the government can do to help small businesses grow.”

She said giving audit committees a clear role in payment practices would help change late payment culture.

Under the proposals, boards or audit committees of persistently late-paying large companies would also have to publish explanations of poor payment performance and set out what they are doing to improve it.

The construction industry has faced repeated calls for reform over retentions, with specialist contractors often arguing that withheld money damages smaller businesses and shifts risk down the supply chain.

The Bill will now pass through Parliament, where further detail will be needed on how the proposed retention ban would work, when it would apply, and whether any exemptions would be included.

Most popular ↑

Two construction workers killed in falls on successive days

Fatal incidents at construction sites in London and Birmingham have prompted separate investigations involving police and the Health and Safety Executive.

Two seriously injured after scaffold tower topples on busy London street

A London construction company and its sole director have been fined after a mobile scaffold tower overturned on Putney High Street, seriously injuring two members of the public.

How engineering precision is shaping the next generation of ringlock scaffolding systems

Precision has become a central issue in modern construction....

WorkSafe to strip SARNZ of scaffolding certification role after 20 years

New Zealand's workplace safety regulator will take control of...

AT-PAC establishes permanent Middle East base with UAE launch

AT-PAC has officially launched a dedicated business in the...

Latest news

ADVERTISEMENT
More from
Latest articles

WorkSafe to strip SARNZ of scaffolding certification role after 20 years

New Zealand's workplace safety regulator will take control of scaffolding Certificates of Competence from...

Falls from height account for quarter of all work deaths, HSE says

Falls from height caused 31 worker deaths in Great Britain in 2025/26, around a...

Construction output falls again in May as repair and maintenance work drops

Monthly construction output in Great Britain fell by 0.8% in May 2026, according to...

Two construction workers killed in falls on successive days

Fatal incidents at construction sites in London and Birmingham have prompted separate investigations involving police and the Health and Safety Executive.

Two seriously injured after scaffold tower topples on busy London street

A London construction company and its sole director have been fined after a mobile scaffold tower overturned on Putney High Street, seriously injuring two members of the public.

How engineering precision is shaping the next generation of ringlock scaffolding systems

Precision has become a central issue in modern construction. As scaffolding and temporary works...

New podcast gives women in scaffolding a platform to be heard

Advanced offshore scaffolder Vicky Welch is preparing to launch a new podcast sharing the...

Record entries as Scaffolding Excellence Awards shortlist is announced

The shortlist for the Scaffolding Excellence Awards 2026 has been announced, with organisers reporting...