All construction products to be regulated in the UK

Katherine Metcalfe of Pinsent Masons was commenting after the government published its construction products reform white paper (142-page / 9.3MB PDF) and opened a further consultation on expanding existing safety requirements for construction products (52-page / 467KB PDF). The papers represent the government's latest response to the Grenfell inquiry recommendations.

Under the government’s proposals, general safety requirements would be applied to all construction products that are currently unregulated – estimated to be about two-thirds of construction products in the UK. Only those products to which design standards apply are subject to regulation at the moment. The new regime is expected to come into force in 2027.

“The government's proposals are far reaching,” said Metcalfe. “They will require new levels of transparency from product manufacturers, and compliance with a general safety requirement for all products which are not governed by a designated European standard. The ambitious aim is to put safety at the heart of construction product regulation.”

Under the government’s proposals, a two-track system of regulation for construction products would operate.

For products subject to designated standards, products would be governed by the existing framework under the Construction Products Regulations (CPR). This entails a process of technical assessment and third-party assurance before products are placed on the market.

All other products would notionally be governed by the new general safety requirements regime, similar to the rules which currently apply to consumer products. Manufacturers would have the option of subjecting their products to technical assessment and third-party assurance under the CPR. Where they do not do so, they would be responsible for undertaking their own risk assessments in relation to those products. This would require an assessment of the “safety risks connected to the intended use and the normal or reasonably foreseeable conditions of use” and then “proportionate action to eliminate or control such risks”, the government said.

General safety requirements would also apply to importers, distributors and fulfilment providers, which would be under a duty to ensure only safe products are placed on the market. In practice, those businesses would be required to verify manufacturers’ compliance with the general safety requirements and ensure that users of the products are provided with relevant product information, which would entail details like instructions for safe use, disposal, and maintenance of the products, and guidance around their storage and transportation.

Importers, distributors and fulfilment providers would also be responsible for ensuring the traceability of construction products through the retention of customer information.

The government plans to strengthen product information requirements to underpin the new regime, including by ensuring information is “made available digitally, in formats that are interoperable, accessible, and endure over time”. It said: “Product labelling must include unique product identifiers, linked to up-to-date product information through a digital label (such as a QR code).”

The new national construction regulator that is being established would be responsible for enforcing compliance with the new general safety requirements.

The government said it intends to use powers under the Building Safety Act 2022 to introduce regulations providing for new general safety requirements by the end of this year, though this is subject to parliamentary time, with a view to them entering into force in late 2027.

Further reforms are also detailed in the government’s white paper.

For example, the government said it plans to introduce new obligations for online marketplaces in relation to construction products as part of a wider update of product safety rules. A separate consultation on those reforms is due to be published “early this year”. That initiative, the government said, will “strengthen consumer protections, clarify supply chain responsibilities and streamline the processes for enforcement”.

Other proposed reforms to the third-party assurance and certification regime include strengthened testing requirements and enforcement mechanisms. The government also confirmed its plans to work with industry on the development of a ‘construction library’, where businesses would have access to information about construction products – like “fire safety and academic reports, as well as detailed product information necessary to select and use products that will be safe for the planned use”.

The government described publication of the proposals as “the next decisive step in our response to the urgent need for reform across our construction products regime”.

It said: “Reforms will mean a clear, predictable and proportionate regulatory framework that provides long‑term stability, supporting a competitive, competent and confident construction products sector. For residents and building users, these reforms will provide the reassurance that products have been made, selected and used with safety at the fore. Developers will have the confidence that the construction products they use will be safe and of high quality and they can avoid the risk of costly remediation. Together, we will prevent further building safety tragedies.”