Construction Products Reform White Paper is product-focused, Harmony Fire says
A UK government white paper has set out proposed reforms to the construction products regulatory regime, including changes to product coverage, testing and enforcement.
The proposals are described in the Construction Products Reform White Paper and are framed as part of the response to the Grenfell Tower tragedy and subsequent reviews.
Construction products reform white paper coverage and testing proposals
The Ministry of Housing, Communities & Local Government’s Construction Products Reform White Paper proposes bringing all construction products into regulatory requirements through designated standards or a general safety requirement (GSR).
The document sets out a licensing regime in which UK Conformity Assessment Bodies (CABs) would be licensed by the national regulator for construction products.
The white paper also links these proposals to oversight of the UK Accreditation Service (UKAS) by the national regulator.
Construction products reform white paper enforcement and regulator plans
The Ministry of Housing, Communities & Local Government states that breaches of the construction products regime would be punishable by an unlimited fine or imprisonment.
The white paper also describes consultation on civil monetary penalties as an alternative to prosecution.
It says additional sanctions following prosecution could include director disqualification and recovering proceeds of crime.
It also sets out an intention to create a single construction regulator, with the proposal that it would take on the national regulator for construction products role and the responsibilities of the Building Safety Regulator (BSR).
Harmony Fire commentary on deliverability and supply chain impacts
Graham Oliphant, Managing Director of Harmony Fire’s consultancy business, wrote: “The Construction Products Reform white paper will be closely analysed in the coming days and weeks, but here are some initial observations on its direction and deliverability.
“One of the most significant reforms concerns Conformity Assessment Bodies (CABs), which will now be licensed by the national regulator to bring greater consistency and rigour to testing and certification.
“Failures in testing and commercial conflicts of interest were explicitly referenced in the Grenfell Inquiry.”
Oliphant wrote: “The single construction regulator will be central to implementation, and alignment with EU-CPR 2024 on sustainability should reduce trade friction and regulatory duplication while supporting international supply chains.
“There is no detail on increased enforcement capacity, investment in testing laboratories or long-term funding.
“With around 28,000 manufacturers and the vast majority of these in the SME category, resourcing remains a critical question.”
Oliphant added: “The term ‘system’ appears 142 times in the White Paper and there is acknowledgment of the cladding system level risk that created the perfect storm at Grenfell Tower.
“Yet the reforms remain product-focused, this is significant missed opportunity or worse.
“There is no certification for assembled systems, no integrated liability across designers, specifiers and installers, and no dynamic risk assessment for substitution during construction.
“The fragmentation highlighted in the Inquiry remains largely unaddressed.”
Oliphant wrote: “Finally, the administrative and cost burden will fall heavily on small and micro businesses, which make up around 94% of the manufacturing base.
“GSR assessments, digitisation and expanded liability will increase costs, risk market consolidation and reduce choice and innovation, potentially increasing reliance on imports if the domestic base contracts.”