Publication of the Construction Products Reform Green Paper 2025 marks the start of a 12-week consultation period to put in place a new regime for construction products.
The overarching aim is to ensure there can be no repeat of what happened at Grenfell Tower, which was refurbished with dangerous cladding and insulation products that accelerated the spread of fire and smoke, causing the deaths of 72 people.
Government proposals include changes to the licensing of conformity assessment bodies; mandatory data reporting; reforms to create clearer accountability for manufacturers and distributors; establishing a construction library; expanding the national regulator’s surveillance powers and improving the regulatory framework for products.
The green paper comes on the back of the publication of the final report of the independent Grenfell Tower Inquiry last September. It also serves as the government’s response to the 2023 Morrell-Day Review of product testing and certification.
Measures proposed in the green paper include comprehensive regulatory coverage. Anecdotal evidence provided to the Morrell-Day Review estimated that two thirds of construction products on the UK market are not covered within the construction products regulatory regime. The government intends to introduce a new requirement making manufacturers responsible for assessing the safety risks associated with their products before they are marketed, closing an existing regulatory loophole.
It also plans to beef up civil and criminal penalties for manufacturers that engage in misleading practices or neglect their responsibilities regarding product safety.
Both the Grenfell Tower Inquiry and the Morrell-Day Review found that manufacturers feel they can get away with gaming the system, or worse, without fear of getting caught.
New powers will be given to the National Regulator for Construction Products (NRCP), which was established in 2021 as a division of the Office for Product Safety and Standards, and to the Building Safety Regulator, established the same year but within the Health & Safety Executive.
The Grenfell Tower Inquiry recommended a single regulator. The Ministry of Housing accepts this.
The green paper says: “The critical issue of enforcement remains a prominent concern in the current regulatory framework. While the creation of the NRCP and the BSR marks progress, these regulators must be equipped with enhanced powers and resources to effectively enforce regulations.
“To this end, the government proposes reforms that:
- Include the ability of the national regulator to impose sanctions against manufacturers and others that breach safety obligations. Options such as a penalty regime, including fines based on company revenue, and powers to limit individuals’ activity in industry will deter manufacturers from engaging in non-compliance.
- Empower the national regulator to conduct routine, proactive market inspections and surveillance activities, enabling early detection of unsafe products before harm occurs. This shift towards a more proactive approach will promote a culture of safety in the industry, reinforcing the message that compliance is mandatory.”
The testing and certification regime is also being targeted. The green paper says: “To restore confidence in product safety assessments, the government acknowledges the pressing need for reform of third-party testing and certification. Proposals include:
- Introducing mandatory minimum requirements for all third-party certification schemes. These requirements will ensure that such schemes maintain a high level of rigor, consistency, and transparency. Certification bodies will be compelled to affirm that their processes are free from conflicts of interest, operate in the public interest, and adhere to best industry practices.
- Ensuring compliance with these minimum standards, with increased oversight of conformity assessment bodies (CABs). This could involve regular audits and inspections by the national regulator to evaluate their adherence to the proposed standards. Mechanisms for whistleblowing will also be put in place, empowering insiders to report unethical practices without fear of retribution.
- Focusing on enhancing the skills and capacities of those involved in third-party testing. The government will collaborate with industry stakeholders to provide training programs aimed at improving technical expertise within CABs. By empowering these organisations, the goal is to produce reliable and trustworthy assessments of construction products.
Other proposals include enhanced product information and transparency. The Construction Products Association, the manufacturers’ trade body, set up a voluntary code of practice for honest marketing after the industry had been caught out by the Grenfell Tower fire. The government is looking at embedding this – “requiring that all construction products feature clear, accessible labelling and product information that outlines critical safety information”.
It is also proposing “a library for construction products that will serve as a central repository for vital information related to construction products. This library will house data such as test results, certificates of compliance, and relevant academic research. By linking this library to the national regulator, the government aims to enhance public access to crucial data, supporting better decision-making throughout the construction sector.”
The proposed reforms apply only to England, Scotland and Wales; under the Windsor Framework, Northern Ireland remains subject to European Union rules.
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