Lessons from Grenfell Construction: Products Reform - a call for engagement

The government seeks views on its ambitious proposals for reforming the regulation of construction products. The proposals follow on from the failures in the regulatory regime highlighted by the Inquiry and independent reviews into the Grenfell tragedy.

Requirement for reform 

Steps have been taken to implement the recommendations arising from the Grenfell Inquiry, the review of Building Regulations and Fire Safety by Dame Judith Hackitt and the review by Paul Morrell and Anneliese Day of Product Testing and Certification to address the failings identified in the construction sector. These include bans on combustible materials, the establishment of the Building Safety Regulator and the National Construction Products Regulator (which includes taking enforcement action under the existing construction products regulations in its remit) and the introduction of major legislation in the form of the Building Safety Act 2022. The government, however, recognises that the actions so far are insufficient given the scale of the issues identified.

One of the most concerning issues identified by the Inquiry and the reviews is the limited scope of the current regulatory regime which only covers construction products subject to a designated standard. This leaves many construction products on the UK market unregulated. Further, conformity with a technical standard does not guarantee the product is safe.

The government therefore proposes implementing a proportionate, risk-based general safety requirement applying to all currently unregulated construction products which mandates that manufacturers assess the safety risks associated with their products before marketing them, ensuring that all construction materials contribute to public safety. Products critical to safe construction may also be subject to additional measures. Such measures include that products critical to safe construction which carry the greatest risk are covered by a national or recognised standard and by requirements supporting safe installation.

Products covered by a designated standard or subject to a technical assessment must continue to comply with the standard or assessment. Additionally, it is proposed such products are consistent with the requirements of the revised European Union Construction Products Regulation (Regulation (EU) 2024/3110), which includes new obligations on providing safety and installation information.

Addressing other key issues

The government proposes to equip regulators with enhanced powers enforce regulations, including the ability to impose sanctions against manufacturers and others that breach safety obligations, to address the need for improved enforcement mechanisms. Options include the power to issue civil monetary penalties (in addition to the proposal that breach of the regulations will be a criminal offence punishable by an unlimited fine, imprisonment, or both) and powers to limit individuals’ activity in the industry. Regulators may also be given powers to access information, undertake interventions and conduct proactive market inspections and surveillance to detect unsafe products before they cause harm.  It is hoped this approach will promote a safety culture in the industry, emphasising compliance is mandatory.

To resolve the fragmented nature of the regulatory landscape, the proposed reforms promote coordination between regulators involved with construction. This includes creating a coordination framework among national regulators, Local Authority Trading Standards, and other relevant agencies to facilitate intelligence sharing, coordinate investigations, and harmonise enforcement actions.

Improving the transparency of construction product information, including misleading safety information, and accessing credible product information should be addressed by the proposals requiring clear, accessible labelling and product information with critical safety content. Additionally, the proposed library for construction products should provide a resource for vital information, including test results, and should assist users, ranging from construction professionals to everyday consumers, to make better informed decisions regarding products. This will be supported by the proposed introduction of Digital Product Passports providing key information on the safety, composition, and hazards of products.

The government acknowledges the failings identified with the third-party testing and certification of construction products and proposes mandatory minimum requirements for such schemes with affirmation by certification bodies that their processes are free from conflicts of interest, operate in the public interest, and adhere to best industry practices. Compliance may be monitored inspections by regulators and further promoted by setting up whistleblowing mechanisms.

The reforms clarify the responsibilities of everyone in the construction supply chain for their roles, from manufacturers and suppliers to builders, contractors and installers, to ensure accountability. Each must comply with defined obligations, ensuring safety is prioritised at every stage of the construction process. Measures applying to products when they are selected and installed are proposed to strengthen levels of accountability and reduce potential loopholes. Additionally, penalties will be introduced for manufacturers deliberately promoting misleading product information and for contractors using unsafe materials.

Alongside improving accountability, the government will review and improve, if appropriate, legal routes for those harmed by defective products to seek redress, including financial compensation, from construction product manufacturers.

Next steps

The government invites responses to the proposed reforms from anyone with a role in construction products and their use, across the public and private sectors, and from members of the public. Anyone who may be impacted by these reforms is encouraged to respond to the consultation and share their views to shape the development of the construction products new regulatory regime and ensure that safety is at the forefront of the industry.

To respond to the consultation, please visit the online survey platform at:

https://consult.communities.gov.uk/building-safety/construction-product-reform-green-paper

Alternatively, you may respond by email to:

[email protected]

Written responses can also be sent to the Ministry of Housing, Communities and Local Government. 

And finally…..

Clearly, major changes to the construction product regulatory regime are on the way. The government will publish a summary of responses to this consultation and will also set out a roadmap towards a single regulator (a key recommendation of the Grenfell Inquiry), including transitioning the regulation of construction products to this body. We will publish further articles and post information on LinkedIn as the consultation, and the reforms, progress.