De minimis in construction
De minimis is a legal term which is derived from a Latin expression referring to things that are too minimal or unimportant to be considered. It is taken from a longer phrase which translates as ‘the law does not concern itself with trifles’. What this means in practice is that generally the law does not encourage parties to pursue legal action for breaches of rules or agreements where the impact is minimal.
In a construction, the term 'de minimis' often arises in relation to practical completion.
Practical completion is often certified when there are de minimis (very minor) items 'not affecting beneficial occupancy' that remain incomplete and that can be put right without undue interference or disturbance to occupants, i.e. the client is able to take possession of the works and use them for their intended purpose. However, the legal basis for this is not clear, and unless the contract states otherwise, if the works are not complete, practical completion need not be certified.
For more information see: Practical completion.
In relation to party wall issues, ‘de minimis works’ are those that may be so minor that service of a notice under the Party Wall Act would be generally regarded as not necessary. The government’s explanatory booklet gives examples of ‘de minimis works’ as those unlikely to affect the structural strength or support functions of a party structure or cause damage to the neighbour’s side of it, such as re-plastering, shallow chasing for electrical wiring or inserting power sockets, and screws to support shelves, kitchen cupboards, and the like.
In contrast, in the context of money laundering, the Proceeds of Crime Act 2002 effectively created notifiable incidents arising in situations that many would not consider as falling within the definition of ‘money laundering’, and sets no de minimis limit. In other words, a deliberate under-declaration of one’s own tax liability, even of only a few pounds, could be considered a money laundering offence.
For more information, see Money laundering.
NB The glossary of statistical terms, published by the Organisation for Economic Co-operation and Development (OECD), defines de minimis creditors as: ‘Minor creditors that are exempted from debt restructuring to simplify implementation of the Paris Club restructuring agreements. Their claims are payable in full as they fall due. An exposure limit defining a minor creditor is specified in each Agreed Minute.’
[edit] Related articles on Designing Buildings
Featured articles and news
Boiler Upgrade Scheme and certifications consultation
Summary of government consultation which closes 11 June 2025.
Deputy editor of AT, Tim Fraser, discusses the newly formed society with its current chair, Chris Halligan MCIAT.
Barratt Lo-E passivhaus standard homes planned enmasse
With an initial 728 Lo-E homes across two sites and many more planned for the future.
Government urged to uphold Warm Homes commitment
ECA and industry bodies write to Government concerning its 13.2 billion Warm Homes manifesto commitment.
Places of Worship in Britain and Ireland, 1929-1990. Book review.
The emancipation of women in art.
CIOB Construction Manager of the Year 2025
Just one of the winners at the CIOB Awards 2025.
Call for independent National Grenfell oversight mechanism
MHCLG share findings of Building Safety Inquiry in letter to Secretary of State and Minister for Building Safety.
The Architectural Technology Awards
AT Awards now open for this the sixth decade of CIAT.
50th Golden anniversary ECA Edmundson awards
Deadline for submissions Friday 30 May 2025.
The benefits of precast, off-site foundation systems
Top ten benefits of this notable innovation.
Encouraging individuals to take action saving water at home, work, and in their communities.
Takes a community to support mental health and wellbeing
The why of becoming a Mental Health Instructor explained.
Mental health awareness week 13-18 May
The theme is communities, they can provide a sense of belonging, safety, support in hard times, and a sense purpose.
Mental health support on the rise but workers still struggling
CIOB Understanding Mental Health in the Built Environment 2025 shows.
Design and construction material libraries
Material, sample, product or detail libraries a key component of any architectural design practice.
Construction Products Reform Green Paper and Consultation
Still time to respond as consultation closes on 21 May 2025.
Resilient façade systems for smog reduction in Shanghai
A technical approach using computer simulation and analysis of solar radiation, wind patterns, and ventilation.