Construction Products Reform Green Paper and Consultation

[edit] Introduction

The 2017 Grenfell Tower tragedy exposed serious flaws in the UK’s construction products regulatory system, leaving many residents in unsafe homes. Reviews such as the Hackitt review report in 2018 and the Testing for a Safer Future: Independent Review of the Construction Products Testing Regime in 2023 highlighted institutional failures prioritising profit over safety. Much of this was reiterated clearly through the processes of the Grenfell Tower Inquiry and its final reports. Despite reforms, including bans on combustible materials and new regulatory bodies, significant gaps remain.

This green paper aims to outline the current situation, the reforms taken, the remaining challenges, and the proposed changes to improve safety, promote economic growth, and support the construction of high-quality homes. Along with many specific details it proposes to align UK regulations with EU standards to reduce trade friction and ensure a competitive marketplace. The government is seeking responses to its detailed proposals, here is a summary of some of the key points to review the full documentation and for details of where to respond visit Open consultation: Construction Products Reform Green Paper here.

[edit] Actions Taken Since the Grenfell Tower Tragedy

Key measures have been introduced to enhance fire safety and regulatory oversight:

• Ban on combustible materials: Enforced in 2018 and expanded in 2022 to include hotels and hostels.
• National Regulator for Construction Products (NRCP): Established in 2021 to oversee product safety and enforce compliance.
• Building Safety Regulator (BSR): Introduced in 2021 to ensure building safety and competency in the construction sector.
• Building Safety Act 2022: Increased accountability for manufacturers and enforces penalties for non-compliance.

Independent reviews by Dame Judith Hackitt and Paul Morrell OBE identified systemic issues in product testing and safety, reinforcing the need for further reforms.

Remaining Gaps in the Current System

• Despite progress, significant challenges persist:
• Limited regulatory coverage: An estimated two-thirds of construction products remain unregulated, allowing unsafe materials to enter the market.
• Lack of rigorous safety evaluations: Regulations focus on trade rather than product safety, leaving a gap between marketed safety claims and real-world risks.
• Weak enforcement: Regulatory bodies lack authority and resources to effectively hold non-compliant manufacturers accountable.
• Limited product information: Builders and consumers struggle to access clear safety data, and misleading marketing practices obscure product risks.

Fragmented regulatory landscape: Poor coordination amongst regulatory bodies weakens oversight and response efforts.

[edit] Proposals for Reform

The government proposes comprehensive reforms to strengthen the regulatory framework:

1. Comprehensive Regulatory Coverage: Introduce a general safety requirement for all construction products, ensuring safety assessments before market entry. Implement additional measures for products critical to safe construction.
2. Mandatory Compliance for Regulated Products: Enforce stricter safety requirements and align with EU regulations. Introduce civil and criminal penalties for non-compliance and misleading practices.
3. Improved Enforcement Mechanisms: Strengthen NRCP’s authority to impose fines and restrict industry activity for violations. Increase proactive market surveillance to detect unsafe products.
4. Enhanced Product Information and Transparency: Require clear safety labelling and establish a central product information library for public access. Ensure manufacturers provide full test data for regulatory review.
5. Digital Solutions for Product Traceability: Introduce Digital Product Passports to track safety data and supply chains, improving accountability.
6. Strengthening Third-Party Testing and Certification: Set minimum standards for certification schemes to ensure unbiased, rigorous assessments: Increase oversight of certification bodies to prevent conflicts of interest.
7. Better Coordination Amongst Regulatory Bodies: Establish a framework for collaboration between regulators and local authorities to improve enforcement and risk detection.
8. Sustainability and Environmental Considerations: Integrate sustainability criteria into construction regulations, promoting recycling and reducing environmental impact.
9. A Strengthened Accountability Framework: Clarify roles across the supply chain, ensuring manufacturers and contractors adhere to safety obligations. Implement penalties for misleading product information and unsafe construction practices.
10. Strengthening Routes to Redress: Improve legal mechanisms for affected individuals to claim compensation from manufacturers of defective products.
11. Continuous Improvement and Adaptation: Establish regular reviews of regulations, integrate industry feedback, and encourage innovation in construction safety.

The UK government’s Green Paper proposes major reforms to the construction products regulatory system in response to the Grenfell Tower Inquiry and independent reviews. Despite past actions, including banning combustible cladding and establishing regulators, gaps remain. The reforms aim to improve safety, oversight, and accountability while enabling industrial growth. The paper outlines the current system’s weaknesses and proposes a risk-based regulatory framework aligned with EU standards. It seeks industry and public input on safety, enforcement, and redress mechanisms to create a trusted system. The government encourages engagement over the next three months to shape these crucial reforms.

[edit] Related articles on Designing Buildings

• Building Safety Bill.
• CIOB reviews the Building Safety Bill.
• Government response to the Building a Safer Future consultation.
• Grenfell Tower fire.
• Grenfell Tower Inquiry.
• Hackitt Review.
• Hackitt review of the building regulations and fire safety, final report.
• National construction products regulator established.
• The Building Safety Bill and product testing.