BBC TV's Rogue Traders landscape expert Mitch Westwood said "duff" landscapers were setting up in increased numbers, while BALI chief executive Sandra Loton-Jones said many newcomers to the industry were unaware of the legislative position, including VAT and Work at Height Regulations.
Westwood backed the confidence trade associations give consumers in a market where more rogue traders are setting up, while recognising the role of small operators working as "jobbing gardeners".
Gardiner backed Westwood's comments, adding: "There is no question that, from a price perspective, operators who work in the domestic market and are VAT registered are at a disadvantage when competing against non-VAT-registered businesses. The domestic client is unable to reclaim the VAT charged by the VAT-registered contractor yet the contractor must charge it by law.
"The non-VAT-registered operator is immediately 15% (17.5% from January 2010) cheaper before selection of materials and labour is even considered.
"While there are undoubtedly 'rogue traders' among VAT-registered contractors, there is a greater risk of becoming the victim of an unscrupulous landscaper among non-registered companies if they are not members of a recognised trade association or customer protection scheme.
"Indeed, it is arguably more important for sole traders and small businesses to belong to a trade association with strict entry criteria and recognised industry standards so that the client can be reassured of their professional capabilities and trustworthiness."
"The member is also then protected against unscrupulous domestic clients who exploit smaller contractors by trying to extract last-minute discounts for often spurious claims of dissatisfaction with the work completed.
"However, there is, undeniably, a major contingent of sole traders and micro businesses, outside of landscape trade associations, that operates effectively and efficiently and represents all that is good in the industry."
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All Comments
Mr Gardiner has help clear up the misunderstanding of the previous article which appears to have taken "quotes" out of a more lengthy interview and caused some healthy debate!
I see the real challenge being how the various trade associations can embrace the many thousands of sole traders and micro businesses that currently sit outside of the established and respected landscape trade associations.
All professional landscape / gardening businesses have a duty to help combat Rogue Traders, it will be an ongoing battle and in today's financial climate not an easy one!
I feel that The Hard Landscaping Show 2010 next March 24-25 at Ricoh Arena, Coventry, will be the perfect place for BALI to meet many of the landscapers that are not currently members of a trade association and seek to convince them of the benefits of joining.
To add to Richard's words(for the sake of accuracy).
"The comments made by BALI's Chief Executive, Sandra Loton-Jones, in the article on page 5 of the 6th November 2009 edition of Horticulture Week, were extracted selectively by the journalist from a longer interview and, in isolation, could be open to misinterpretation."
In respect of what our two 'high profile' landscaping experts are saying, it goes from bad to worse!
"Westwood backed the confidence trade associations give consumers in a market where more rogue traders are setting up, while recognising the role of small operators working as "jobbing gardeners".
'
Jobbing gardener' is a rather condescending term that is usually applied when someone wants to describe an amateur or part-timer.
Many of our members at the Landscape Juice Network are under the VAT registration threshold but they are far from 'odd jobbers'
Many have identified (quite professionally) the dangers of getting too big and the challenges with employment, taxation and VAT it brings.
You only have to read comments on HW to understand how quickly things change.
Just look at some of the high profile casualties - Garden designer Trevor Tooth liquidated his design and build company and APL member Generating Gardens also went bust.
Mark Gregory, who run Landform confidently boasted about being 'above the cloudline' Gregory, who's previous business Landmark Design and Build was liquidated, has now tamed down this posturing and admitted that 'people are panicking' and they had to drop prices to compete. This is evidence that being a member of a trade association doesn't bring any business security.
On the other hand, I spoke with a Landscape Juice member last week who, after paying a £100 donation, told me that he had built up enough confidence from what he had gleaned from the site to double his hourly rate without losing a single client - this was during the recession.
A single enterprising person can make a fair living by remaining under the £67,000 VAT registration threshold - it makes this person no less enterprising or professional than an trader who turns over £68,000 of £150,000.
There are legitimate ways that a trader can plan to stay below the threshold at which he or she is obliged by the law to inform the HM Revenue that turnover has exceeded the limit.
The associations have enjoyed their positions for too long and have gone unchallenged and it is time they had to work hard to get their organisations right. Having part time staff who run these organisations and cannot offer full time support is one important aspect that needs to be addressed fairly urgently.
Its an interesting debate which crops up from time to time. It is my belief that whilst undoubtly there are rogue traders \(they appear in all walks of life) people are actually more savvy about where they spend their money at present, its in short supply, therefore they will select their contractor carefully after researching the options open to them.
The biggest problem is that there are no national minimum standards or expectations of cost for landscpaing works in the domestic market - therefore where is the yard stick for the public to benchmark? Trade Associations therefore, whilst they are not perfect \(no body ever said they were), do offer the opportunity to show case good standards of work the awards process this at least highlights this to the public through PR locally and nationally. They also provide a source of information and a point of contact and help to reduce the risk of walking in to 'rogue trader' - but I agree with Richard and Philip there many equally good and better contractors outside the trade Association umbrella - but how do you identify them?
The biggest concern is in time like these where perhaps the client is playing hard on the budget the contractor is more likely to agree to a project knowing that it will be tight. As those in the trade will know it is a false economy for all concerned it rarely ends in a satisfactory job and more usually in dispute.
Were they a rogue trader? I suspect not just a buisness trying to maintain their business through difficult times.
I suspect a closer working relationship of all interested parties is the way forward to tackle this perennial issue.
Thanks for getting involved Jason
"I suspect a closer working relationship of all interested parties is the way forward to tackle this perennial issue."
I would welcome this.
Adam is already a member and I have sent Richard an invite - http://toahiuk.ning.com/
The industry can only benefit if we put our differences aside.
It won't be easy but I think it necessary for all parties to start talking - and we can do that from the comfort of our own desks.
I have the utmost respect and admiration for Richard Gardiner and his taking over the chair of BALI we will start to see real change, in fact from what I have seen and heard the association has become fresher and more open and longer term will go from strength to strength under his leadership.
However I am worried that there are many thousands who for various reasons will never become a member of BALI, APL and SGD. These small businesses, one man bands need to be embraced and listened to. Only by working together can we all help raise the profile of the British landscaping industry for the better.
http://www.telegraph.co.uk/gardening/6550436/Do-gardeners-have-a-bad-reputation-Allotment-confessions--is-gardening-art.html
The second comment on this is interesting.