Construction Products Reform Green Paper

The tragedy at Grenfell Tower and the two subsequent independent reviews exposed significant failures in the construction products regulatory system and revealed institutional failures that allowed profit to come before safety. 

 In this blog BWF Technical Director, Kevin Underwood, explores the Government’s Green Paper on construction product reform published in response to the Grenfell Tower tragedy. It outlines key proposals aimed at improving product safety, regulatory oversight, and industry accountability. These reforms are critical to ensuring safer buildings and restoring public trust.

​The Ministry for Housing Communities and Local Government (MHCLG) has published a green paper that supports the Government’s response to the Grenfell Inquiry and sets out a range of proposals for construction products reform, including proposals that address the Inquiry‘s recommendations and the recommendations contained in the Independent Review of Product Testing and Certification (the Morrell-Day Review)

The Government’s objective is that construction products must be safe for their intended use, or reasonably foreseeable use, and users of products, residents and other stakeholders trust that products are safe and can verify this through accessible, clear, comprehensible and transparent information.

​Retaining consistency between the UK regulatory framework and the revised European Union requirements will contribute to achieving this outcome, while expanding regulatory coverage to include all construction products will address the government’s aim to eliminate unsafe materials from the market, enhancing the overall quality and safety of buildings.

​Proposals in the green paper set out how testing and certification will be strengthened and how the regulators will be equipped with enhanced powers and resources to effectively enforce regulations. The green paper also makes clear that achieving these necessary changes will require significant, long-term effort from both government and industry to deliver confidence in a system that guarantees safe products, safely used.   ​

The Grenfell Tower Inquiry revealed significant shortcomings in behaviour from some of the manufacturers, alongside weaknesses in the assurance regime that allows products to be placed on the market and used in buildings. The systems that should have ensured public safety failed to do so. There was insufficient focus on product safety, limited coverage of the regulatory regime, a lack of competency, rigour and transparency in key institutions responsible for the testing and certification of products, poor product information and insufficient enforcement.

The five sector groups that the Government has identified as critical to delivering the ambition for reform are:

• Construction product manufacturers
• The construction industry and supply chains
• The National Quality Infrastructure
• Regulators, and
• The Government itself

For manufacturers and the wider construction industry, reforms will mean:

• Taking responsibility to ensure that their products are safe as standard from design through to manufacture, testing and use.
• Following regulations and guidance that are clear and effective, and working with regulators and other institutions to ensure requirements are met.
• Providing clear and honest information about products to support designers, specifiers and installers.
• A fairer regime, allowing firms that embody safety to compete on a level playing field with the rest of the industry.
• A stable and consistent framework for reform, supporting investment and innovation.

All construction products are to be brought within the scope of the regulatory regime and the green paper explains how they will be regulated. It explores options and proposals to ensure that products are safe for their intended use, or reasonably foreseeable use, are used safely and that manufacturers or suppliers act responsibly. In pursuit of these objectives, the green paper proposes measures to regulate how products are placed on the market and how they are selected and installed. These are summarised below:

a) For products not covered by a designated standard or subject to a technical assessment:

A risk-based general safety requirement would apply. This would require the manufacturer or supplier to understand, and take proportionate action to eliminate or control, any safety risk connected to the intended use, or reasonably foreseeable use, of their construction product before it is supplied or placed on the market.

b) For products covered by a designated standard or subject to a technical assessment:

It will continue to be mandatory to comply with a designated standard or technical assessment and to provide the necessary information to demonstrate compliance, including affixing a conformity mark, e.g. CE or UKCA. The Government is proposing consistency with the requirements of the revised European Union Construction Products Regulation (EU -CPR, EU 2024/3110), which includes new obligations to provide safety and installation information.

c) For products classified as critical to safe construction:

The Government is proposing that additional measures would apply, including that all such products be covered by a national or recognised standard and requirements to support safe installation.

The BWF will be responding to the Green Paper Consultation on behalf of its members.