Building Safer: Proposals for the UK’s New Construction Product Regime

The UK government is progressing plans to establish a Single Construction Regulator, marking a major reform in how standards, safety, and compliance are regulated. A central pillar of this reform is the overhaul of the construction products regulatory framework - an area that has faced criticism following the findings of the Grenfell Inquiry for fragmentation, weak enforcement, and a lack of accountability.

The proposed Single Construction Regulator is intended to act as a single point of oversight, ensuring construction products are safe, properly tested, and marketed accurately.

A new approach to construction product regulation:

The consultation sets out plans for a more strengthened framework, built around clearer duties and a more robust oversight of the products on the market. For the first time, the UK will have a regulator with comprehensive powers over all construction products placed on the market. This includes having responsibility for setting performance requirements and monitoring compliance.

Manufacturers, importers and distributors of construction products will legally be required to ensure products meet defined requirements and performance criteria. Enhanced requirements for testing, and quality control are proposed to form part of a more robust approvals process, overseen by the new single regulator. 

Poor product information and misleading marketing were key issues identified in the Grenfell Inquiry. These issues are said to have created a culture that enabled manufacturers to sell (and contractors to purchase) construction products that were unsuitable, unsafe and not fit for their planned use.  Under the proposed regime, manufacturers, importers and distributors will also be obliged to maintain accurate product information. 

Enforcement:

The proposals outline that the new regulator will have powers to conduct investigations, perform market surveillance and take action where non-compliance is identified. Powers include: issuing civil penalties, mandating product recalls/withdrawals and pursuing criminal prosecution where appropriate – a significant escalation from the current regime.

How does this align with the wider Building Safety regime?

A key takeaway from the consultation is that construction product regulation will no longer sit in isolation, rather it will be integrated into the wider regime introduced by the Building Safety Act 2022. This is said to ensure that the safety of construction products is considered as a continuous requirement across the lifecycle of a building. 

Under the proposed model, requirements governing construction products will directly support the duties of duty holders at each stage - planning, design, construction, and occupation. Further, products specified for use in higher‑risk buildings will need to demonstrate clear, reliable performance characteristics and the regulator will be tasked with ensuring manufacturers provide the technical information required for designers and contractors to make safe, informed choices. Such data will also need to feed into the golden thread of building information.

Next steps:

The creation of a single construction regulator marks a transformative shift in the construction industry. By centralising oversight and strengthening the regulation of construction products, the government aims to improve safety and rebuild trust across the industry.

The government is currently seeking feedback on the implementation of a single construction regulator including its powers and the approach to enforcement.