Construction products green paper published with stronger sanctions for manufacturers
The government has published a green paper on reforms to the construction products regime, as part of its response to the Grenfell Tower Inquiry phase two report.
The green paper, issued on 26 February, proposes to address gaps in regulatory coverage and make all manufacturers responsible for assessing the safety risks associated with their products before they are marketed.
Existing regulations will also be enforced with stronger sanctions, including both civil and criminal penalties for manufacturers that engage in misleading practices or neglect their responsibilities regarding product safety.
The government added that it would review and improve legal routes for individuals to seek redress from construction product manufacturers for defective products, including financial compensation.
Inside Housing understands that a decision has not been made on whether this would apply retrospectively or to future misconduct, and such legal changes would require new legislation in parliament.
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Currently a substantial number of construction products remain unregulated, which allows potentially unsafe materials to enter the construction system, the government said.
“With inadequately regulated products, the potential for sub-standard materials to be used in renovations and new builds remains high,” it added.
To address this, the government plans to implement a “proportionate, risk-based” general safety requirement that applies to all currently unregulated construction products.
This may consist of manufacturers conducting risk assessments that consider their product’s intended use and normal or reasonably foreseeable conditions of use.
Products that already fall under designated standards or are subject to a technical assessment will also have to comply with new reforms, in line with the revised European Union regulatory regime.
The proposals came as the government pledged to create a single construction regulator with additional powers, which was a significant recommendation from the Grenfell Inquiry report.
The new national regulator will be able to conduct market inspections and surveillance activities in the construction products space.
It will also be able to impose sanctions against manufacturers and others that breach safety obligations. Options include fines based on company revenue and powers to limit individuals’ activity in the industry.
However, the government stopped short of nationalising the testing and certification of construction products, arguing this would amount to the government marking its own homework.
Its response to the inquiry report read: “We do not believe it is appropriate for the single regulator to undertake testing and certification of construction products or issue certificates of compliance, as this would create a new conflict of interest within the regulator.”
Inside Housing understands the concerns around conflict of interest amount to the fact that a person testing whether a product is safe would also be the person checking if they are testing it properly.
The Grenfell Inquiry report recommended that a single construction regulator should have the power to test and certify construction products.
It also criticised the privatised Building Research Establishment for allowing the organisation to “become much closer to its clients”, adding it “sacrificed scientific rigour and independence” in favour of financial sustainability.
According to the green paper, all construction products will be required to feature clear, accessible labelling with critical safety information. Manufacturers must maintain and provide full test data of their products for the national regulator.
A central library of construction products will be established. This will house data such as test results, certificates of compliance and relevant academic research.
Digital product passports will be introduced with information on the safety, composition and potential hazards of each product.
Finally, all third-party certification schemes will be required to maintain a high level of rigour, consistency and transparency. This could involve regular audits and inspections by the national regulator to evaluate their adherence to the proposed standards.
A consultation on the proposed reforms to construction products will last for 12 weeks until 21 May 2025.
In her foreword to the green paper, deputy prime minister and housing secretary Angela Rayner said the Grenfell Inquiry revealed a building system “that put profit before people, with devastating consequences”.
She added: “We are investigating organisations criticised by the inquiry under the Procurement Act 2023, and will be making decisions on these at pace.”
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