Katherine Metcalfe of Pinsent Masons commented as the Government published the Construction Products Reform White Paper (142 pages / 9.3MB PDF) and launched further consultation on extending existing safety requirements for construction products (52 pages / 467KB PDF). These documents represent the Government’s latest response to the Grenfell Inquiry’s recommendations.
Under the Government’s proposals, general safety requirements would apply to all currently unregulated construction products – estimated to be around two-thirds of UK construction products. Currently, only products subject to design standards are subject to regulation. The new regime is expected to come into effect in 2027.
“The government’s proposals are far-reaching,” Mr Metcalfe said. “A new level of transparency is required from product manufacturers and compliance with general safety requirements for all products that do not comply with specified European standards. Its ambitious goal is to put safety at the heart of construction product regulation.”
A dual regulatory system for construction products would operate under the government’s proposals.
For products covered by designated standards, the products are governed by the existing framework under the Construction Products Regulation (CPR). This requires a process of technical evaluation and third-party assurance before the product is brought to market.
All other products will be governed by a new General Safety Requirements regime, conceptually similar to the rules that currently apply to consumer products. Manufacturers have the option of subjecting their products to technical evaluation and third-party warranty under the CPR. If you do not do so, you are responsible for conducting your own risk assessment regarding those products. This will require assessing “the safety risks associated with the intended use and normal or reasonably foreseeable conditions of use” and then taking “appropriate measures to eliminate or control such risks”, the government said.
General safety requirements also apply to importers, distributors and fulfillment providers, imposing obligations on them to ensure that only safe products are placed on the market. In practice, these companies must ensure that manufacturers comply with general safety requirements and that relevant product information is provided to users of their products, including details such as instructions for safe use, disposal and maintenance of the product, and guidance for storage and transport.
Importers, distributors, and fulfillment providers are also responsible for ensuring traceability of construction products through maintaining customer information.
The government plans to strengthen the product information requirements that underpin the new regime, including ensuring that information is “made available digitally in an interoperable, accessible and long-lasting format”. “Product labels must include a unique product identifier linked to up-to-date product information through a digital label (e.g. QR code).”
The new National Building Regulatory Authority to be established will be responsible for enforcing compliance with new general safety requirements.
The government said it intends to use powers under the Building Safety Act 2022 to introduce regulations setting out new general safety requirements by the end of this year, with the aim of bringing them into force at the end of 2027, subject to the timing of Parliament.
Further reforms are detailed in the government’s white paper.
For example, the government has said it plans to introduce new obligations for online marketplaces in relation to construction products as part of a broader update to product safety regulations. A separate consultation on these reforms is expected to be published “early this year”. The government said the initiative will “strengthen consumer protection, clarify supply chain accountability and streamline enforcement processes.”
Other proposed reforms to the third-party assurance and certification system include strengthening testing requirements and enforcement mechanisms. The Government also confirmed plans to work with industry to develop a ‘construction library’. The library will allow companies to access information about construction products, including “fire safety and academic reports, as well as detailed product information needed to select and use safe products for their planned applications.”
The government described the publication of the proposals as a “decisive next step in addressing the urgent need for reform across the construction products system”.
“Reforms mean a clear, predictable and proportionate regulatory framework that delivers long-term stability and supports a competitive, competent and confident construction products sector. For occupiers and building users, these reforms mean products are manufactured with safety first, It gives you the peace of mind that you are being chosen and used. Developers can have confidence that the construction products they use are safe and of high quality, avoiding the risk of costly remediation. Together, we will stop further building safety tragedies. ”
