Construction law update · 2026

Construction retentions ban and late payment reforms: what is coming

The government plans to ban cash retentions in construction contracts, cap payment terms at 60 days for large firms and make 8% late payment interest compulsory. Here is where things stand and what to do now.

  • Latest position after the King’s Speech 2026
  • What it means for your cash flow
  • How retentions affect your tax and accounts
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At a glance

The four main reforms

Announced March 2026, confirmed in the May 2026 King’s Speech.

Ban on cash retentions

Withholding retention money under construction contracts will be prohibited.

60-day maximum terms

Large firms paying smaller suppliers must pay within 60 days.

8% interest by law

Late payment interest at 8% above base rate becomes compulsory in all commercial contracts.

Stronger Commissioner

The Small Business Commissioner gains powers to investigate, adjudicate and fine.

What has the government announced?

On 24 March 2026 the government published its response to the 2025 consultation on late payment, which ran from July to October 2025. It described the package as the biggest change to UK payment law in more than 25 years. The measures were confirmed in the King’s Speech on 13 May 2026 as part of the Small Business Protections (Late Payments) Bill.

For construction, the headline is an outright ban on cash retentions. The government considered the alternative of making retentions sit in protected third-party accounts, but chose a ban.

Important: these measures are not law yet. They need to pass through Parliament and the start date has not been confirmed. Until then, the existing rules still apply and retention clauses in your contracts remain valid.

Why retentions are being banned

A retention is usually 3% to 5% of each payment held back until the work is complete and the defects period ends. Smaller subcontractors often wait months or years for that money, and lose it entirely if the main contractor becomes insolvent. The government says late payment costs the UK economy around £11 billion a year.

Your rights today

The Housing Grants, Construction and Regeneration Act 1996, known as the Construction Act, already gives you the right to stage payments, payment and pay less notices, and adjudication. Under the Late Payment of Commercial Debts (Interest) Act 1998 you can usually claim interest at 8% above the Bank of England base rate, plus fixed compensation of £40, £70 or £100 depending on the size of the debt.

Retentions, tax and your accounts

Retentions also affect your figures. Money held back is normally still income when the work is done, so it counts towards profit even before you receive it. Retentions you never get back may qualify for bad debt relief. For VAT, the tax point for a retention is usually when it is paid or invoiced. Under the domestic reverse charge, your customer accounts for the VAT instead. CIS is deducted when the retention is actually paid, not when the work is done. We make sure retentions are tracked properly, so you do not pay tax early or lose relief.

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What to do now

Get ready before the ban arrives

Practical steps for subcontractors and main contractors.

List your retentions

Record every retention owed to you, the release dates and who owes it.

Chase overdue releases

Use payment notices and adjudication rights if releases are late.

Plan your cash flow

Model what happens when retentions disappear from your contracts.

Review new contracts

Watch for alternatives such as bonds or longer defect periods.

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FAQs

Frequently asked questions

Are construction retentions banned now?
No, not yet. The government has announced a ban and included it in the Small Business Protections (Late Payments) Bill, but it must pass through Parliament and a start date has not been set.
What will replace retentions?
The details are still being worked out. Clients may ask for alternatives such as performance bonds, insurance or longer defects periods. Read new contracts carefully.
Can I charge interest on late payments now?
Usually yes. The Late Payment of Commercial Debts (Interest) Act 1998 lets businesses claim interest at 8% above base rate plus fixed compensation, unless the contract sets a substantial alternative remedy.
Do I pay tax on retentions before I receive them?
Often yes. Income is normally recognised when the work is done, so retentions count towards profit even while held back. If one becomes irrecoverable, relief may be available.
When is CIS deducted on a retention?
CIS is deducted when the payment is actually made, so a retention is subject to CIS when it is released to you.

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