Reform ahead for construction products

The Grenfell Tower Inquiry alongside independent reviews by Dame Judith Hackitt and Paul Morrell OBE and Annaliese Day KC revealed systemic failures and institutional weaknesses and concluded that the current methods for testing, certification and marketing of construction products were not fit for purpose. The government has committed itself to a transformational cultural shift to eliminate unsafe products, enhance scrutiny and improve transparency. Steps have already been taken. The national construction products regulator was established in 2021. The Grenfell tower inquiry phase two report recommended the creation of a single construction regulator and the government is consulting on a single construction regulator.

Further change is coming and the sector is being asked to take part in two consultations. The construction products white paper was published in February 2026. A consultation is running for 12 weeks until 20 May 2026. In parallel, a consultation is also running in relation to the general safety requirement for construction products which relates to the introduction of a general safety requirement (GSR) for currently unregulated construction products.

In this article we will look to highlight areas of reform, proposals for implementation and the timeline for implementation.

Construction products white paper

The white paper responds to the construction product report form green paper in February 2025 and confirms an ambitious programme of reforms. This consultation identifies five key groups which are critical to reform namely 1. manufacturers; 2. the construction industry and supply chain; 3. those involved in standard setting, accreditation, testing and certification; 4. regulators and 5. government.

There are 11 questions (see list in annex B) which includes a general catch all for any other 'useful information'.

Areas for reform

The areas for reform are:

1. All products will be subject to regulatory requirements under designated standards or a new general safety requirement.

2. There will be additional measures where products are in 'critical to safe construction' and 'a risk of serious harm if something goes wrong'. The government will restore confidence in the third-party assurance and certification process.

3. A requirement for clear accessible labelling and product information that outlines critical safety information.

4. Digital information systems as the norm for accessing information about safety, composition and potential hazards associated with each product.

5. Strengthening the testing and certification sector to include a licensing regime for all conformity assessment bodies (CABs) and a new public sector testing capacity.

6. In addition to the single construction regulator also equip enforcement authorities with powers to effect and manage non-compliance. This will act as a deterrent. This will also include civil and criminal offences for companies and individuals who do not comply.

7. A review and improvement of the legal routes to redress for those affected by faulty products. This includes historic claims when defective cladding products make the building not fit for habitation (sections 147 to 151 of the Building Safety Act 2022).

8. Encourage and work with industry in relation to sustainability and environmental considerations.

9. Clarify expectations around competence of manufacturers and testing organisations to create a culture of responsibility.

Path to implementation

The new construction product regime will require legislation (both primary and secondary) so the white paper recognises that these will take time to deliver the ambitious reforms and will need to include a transition period to allow the sector to adjust.

General Safety Requirement (GSR)

The consultation relates to the introduction of a new requirement that construction products to be placed on the market are safe and impose specific obligations on various stakeholders. The need for the GSR is that only around 37% of the products are regulated by designated standards or technical assessments. This leaves a gap of around 63% outside the scope of a regulatory regime and with no minimum requirements. In relation to this 63% there are some protections available to consumers but not business to business transactions.

There are 21 questions (see list in Chapter 10).

Areas for reform

The key proposals include:

1. Manufacturers must identify and assess safety risks in relation to a product’s intended and reasonably foreseeable conditions of use and implement proportionate mitigation measures.

2. Clear accurate and complete product information must be provided in relation to the intended use including technical specification, installation guidance, safety warnings and restrictions of use.

3. Products must carry unique identifiers and manufacturer and (where applicable) importer details, supported by a digital solution such as QR codes, bar codes or equivalent to enable traceability.

4. Manufacturers and importers must retain risk assessments, product documentation and safety incident, records for 10 years to support accountability and enforcement.

5. Economic operators (this is widely defined and includes the manufacturer, importer, distributor, fulfilment service provider or any other natural or legal person subject to obligations in relation to manufacture of products and making them available to market) must ensure that construction products are stored and transported in ways that maintain their safety and integrity.

6. Importers and distributors must verify compliance, maintain records and implement controls to prevent unsafe products from entering the market.

7. Economic operators must monitor products to identify and assess address safety risks, investigate and record complaints and take corrective action such as amending information or enabling the withdrawal of unsafe products from the market.

8. Enhanced powers for the national regulator including market surveillance, investigatory powers and proportionate intervention powers and a complementary role for local enforcers. It will be a criminal offence for an economic operator to breach the overarching safety duty to place or supply only safe products on the market.

Path to implementation

The current aim is to introduce new regulations to be made under schedule 11 of the Building Safety Act 2022 by the end of 2026 and bring into force by late 2027. Para 2(1) of Schedule 11 provides the power to prohibit the marketing and supply of construction products which are not safe. What a safe product is, is defined in the Act. Guidance will be provided.

Concluding remarks

The proposed package of reforms is ambitious and its aim to encourage a culture of safety and transparency is entirely justified. There is a lot of work to be done. The key takeaways are:

• The proposals intend to bring all construction products into the regulatory regime. The intention is to have consistent definitions across the UK and EU regimes.

• For residents / building users these reforms are aimed to reassure that products have been made, selected and used with safety at their forefront. For developers they aim to give confidence that construction products will be of safe and high quality and avoid costly remediation.

• A lead in time of 18 to 24 months will be required for some measures. Others (such as amending existing methods of redress) will take less time. This will be dependent on getting parliamentary time to consider and approve legislation.

• The single construction regulator is ultimately intended to take on both roles of construction products regulator and building safety regulator but this is likely to take time to achieve (no earlier than 2028 on current estimates).

If you have any queries on the consultation or on any construction law matters, please contact the authors.