Construction Products White Paper Consultation now live

You may have seen our recent article which discusses the consultation on the Government's proposal for a Single Construction Regulator.

On 27 February, the UK government set out, in a further consultation, an ambitious overhaul of the construction products regulatory regime in response to the systemic failures revealed by the Grenfell Tower tragedy and subsequent independent reviews. The Construction Products Reform White Paper (the "White Paper") outlines a wide‑ranging programme designed to embed safety, strengthen accountability and foster long‑term industry growth.

At the heart of the reforms is the recognition that the current system (originally built to support trade rather than safety) has left dangerous gaps. According to the White Paper only around 37% of construction products are currently regulated under designated standards, leaving large portions of the market without oversight. Paul Morrell OBE and Anneliese Day KC undertook an independent review of the current regime and exposed weaknesses in product testing, poor-quality information, fragmented regulation and an absence of effective enforcement. Their review recommended a new, stricter system with a National Regulator for Construction Products and mandatory "general safety requirement" for all products.

The government’s new regime addresses these issues through three major pillars.

Safe Products, Safely Used:
All construction products are to fall under regulation through either designated standards or the new 'general safety requirement'.

For products already covered by standards, the UK will broadly align with the EU’s updated 2024 Construction Products Regulation, maintaining consistency to support supply chains while retaining the ability to diverge where required for safety. For products not covered by standards, the general safety requirement will require manufacturers to assess and mitigate safety risks before products reach the market, with new duties placed on importers and distributors.

Recognising that some products can pose life‑threatening risks when used incorrectly, the government intend to introduce enhanced obligations for products critical to safe construction. Designers, contractors and manufacturers will face clearer responsibilities for assessing suitability, installation, and performance in certain scenarios where there is a risk of serious harm if something goes wrong (considered as 'safety critical scenarios').

Stronger Testing, Information and Oversight
The reforms highlight long‑established weaknesses in testing and certification. All UK conformity assessment bodies are said to be required to to be licensed and act in the public interest, with strict rules on independence, transparency and reporting. The UK Accreditation Service will face stronger oversight, while the government are set to create a new public‑sector testing capacity to support enforcement and research.

To eliminate misleading claims and improve transparency, according to the consultation, manufacturers will be required to provide clear, accurate and digitally accessible product information including test results, installation guidance and key performance data. A national “construction library” and digital product identifiers (e.g. QR codes) are proposed to support traceability throughout the supply chain.

Moreover, as is noted in the White Paper, the British Standards Institution (who produces technical standards on construction and other products), has published a new code of practice. Its aim is to provide a framework for manufacturers to demonstrate that they have taken reasonable steps to ensure their products are safe to be placed on the market.

Effective Regulation, Enforcement and Redress
According to the consultation, a tougher enforcement regime will give regulators broader powers to investigate, sanction and prosecute breaches. Penalties will include unlimited fines, imprisonment, civil monetary penalties and director disqualification. 

Alongside new routes to enforcement, the government are said to review and strengthen legal avenues for redress against manufacturers of faulty or missold products, helping developers and residents affected by historic safety failures.

Comment

Every product that enters a building in construction ultimately becomes part of someone’s home or workplace. Ultimately, regulations alone cannot deliver safer homes; only a change in culture in the construction industry can. It remains to be seen over the coming years whether the construction sector can shift from seeing compliance as burden, to an obligation and moral duty to ensure safety. 

The consultation is open until 20 May 2026 and you can respond to this consultation through the online survey platform.