Alongside the Government response to the Grenfell Inquiry Phase 2 report (which we discussed in our insight Government publishes response to Grenfell Inquiry Phase 2 report), on 26 February 2025, the Government also published the Construction Products Reform Green Paper (the consultation).

The consultation, which closes on 21 May 2025, sets out detailed proposals to fill the "critical gaps" in the construction products regulatory system.

We examine some of the key takeaways below.

What are construction products and why are they significant?

Construction products are in all of our buildings and infrastructure. They range from basic products such as bricks, to systems or assembled products such as fire doors or cladding systems.

As mentioned in our earlier insight What are construction products and how are they regulated, construction products are a pivotal part of the housing and infrastructure supply chain. The green paper also highlights their significance to the UK's manufacturing sector, noting that:

  • they represent around 12% of the UK's entire manufacturing base by turnover;
  • total sector turnover is estimated to be around £79 billion;
  • there were approximately 24,900 construction product manufacturers in the UK in 2023, representing around 1 in 6 UK manufacturers; and
  • the construction products sector employed approximately 390,000 people in Great Britain in 2023.

What are the deficiencies of the current regulatory framework?

Detailed evidence to the Grenfell Tower Inquiry, the final Grenfell Phase 2 Report as well as the 2023 Independent Review of the Construction Product Testing Regime led by Paul Morrell OBE and Anneliese Day KC (the Independent Review) have all highlighted the inadequacies of the current construction product regulatory framework.

The consultation – which also represents Government's formal response to the Independent Review – acknowledges the scale of concern. In Part A, it describes the current regulatory and institutional landscape and identifies numerous "problems in the construction products sector" including:

  • The existing regulatory regime does not sufficiently support product safety: the current regime in the UK is based on retained EU law, which – when it was originally conceived –principally aimed to remove technical barriers to trade rather than ensuring safety. While complementary measures have been implemented elsewhere in Europe, such as the German Institute for Building Technology's (DIBt) independent evaluation of construction products, no equivalent enhancements exist in the UK.
  • The regulatory regime does not cover most construction products: moreover, the most obvious gap in the current regime, as highlighted in the Independent Review, is that construction products regulation in the UK currently only applies to products for which there are designated standards. This leaves around two-thirds of all construction products on the market currently unregulated.
  • Enforcement action is insufficient: for those construction products on the UK market that are currently regulated (which as noted above, is only around one third), there are only very limited offences. The enforcement powers available to the National Regulator for Construction Products (NRCP) – which since 2021 sits within the Office for Product Safety and Standards (OPSS) – are considered inadequate.

What are the key proposals?

Part B of the consultation sets out Government's proposals for "system-wide reform". These are all underpinned by three overriding objectives: safety, accountability, and growth.

Alignment with EU's recent reforms

The green paper observes that the EU – the UK's largest trading partner for construction products – is currently reforming its construction product regime – with staggered implementation between 2025-2027.

It also notes that the EU's objectives for reform primarily mirror the UK's objectives. Accordingly, "deciding whether the EU's reforms meet our objectives of safe products and sustainable growth, and the resulting relationship between the UK's position and the future EU regime", is described as one of the "key determining principles" underpinning system-wide reform.

The consultation pinpoints where its proposals are consistent with the new EU regime across a wide range of topics including the definitions that would underpin the regime, and the proposed regulatory requirements that would apply.

Comprehensive regulatory coverage

The main objective is to "bring all products within scope of the regulatory regime". To achieve this, there are three levels of proposed measures:

  1. For products that are not covered by a designated standard or subject to a technical assessment: A "risk-based general safety requirement" would apply.

    The Green Paper proposes specific obligations under this requirement:

    1. Assessment of risk: Manufacturers would need to identify safety hazards, judge their likelihood, and take reasonable measures to eliminate or control risks.
    2. Oversight: The national regulator would provide guidance on principles for assessing safety risks, and importers/distributors would help ensure assessments are completed.
    3. Product labelling and information: Manufacturers would need to provide clear information about intended use, associated risks, and installation advice. Products would also need to be labelled with trademarks and company details for traceability.
    4. Storage and transportation: Importers and distributors would be responsible for proper storage and transportation to prevent product degradation that could pose safety risks.
  2. 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 product mark.

  3. For products classified as "critical to safe construction": Additional measures will apply. This will cover products where there is a risk of serious harm if something goes wrong and recognises that safety depends not only on individual product performance but also on how products are put together with other products and installed. Determining which products or systems will be included will be a matter for the national regulator, supported by independent expert advice. However, the consultation indicates that the initial focus for this category could include wall systems and fire doors.

    The Green Paper proposes the following additional measures for products critical to safe construction:

    1. Mandatory standards compliance: Products would need to comply with a recognised international or national standard, or a recognised third-party verification scheme.
    2. Ongoing verification: Processes to ensure continuing performance compliance with assessed standards and manufacturer's declaration when on the market.
    3. Installation requirements: Either approved installer schemes or prescribed competency requirements.
    4. Supervision and quality control: Duties on supervisors to undertake quality control and demonstrate robust processes.
    5. Product identification: Digital records of where products have been installed, potentially via the construction library (see below).

Clear access to test results

The consultation includes a number of proposals aimed at addressing the Grenfell Inquiry Report's recommendations on test results, seeking to ensure the transparency and accessibility of assessment documentation. This includes the establishment of a "construction library" which would host a range of information including test results, and other mandatory information such as Declarations of Performance for products that fall under a designated standard.

Digital solutions

The consultation also invites views on other proposals to ensure the accessibility and traceability of product information, including digital labelling and Digital Product Passports (which have been introduced in the EU through the EU Ecodesign for Sustainable Products Regulation (ESPR) which is part of a package of measures to help the EU achieve its environmental and climate goals.

Product marking / CE marking

For products covered by a designated standard or subject to a technical assessment – which can only be placed on the market if they are affixed with a conformity assessment mark – the proposal is to continue to use the Conformité Européene (CE) marking. This is intended to remove unnecessary trade friction, promote growth and protect the UK internal market

For products not covered by a designated standard or subject to a technical assessment, a range of options is being considered including a UK government mark which could be available for manufacturers to affix where they have met a higher level of assurance and/or quality.

Alignment with sustainability goals

Noting that there are currently no specific environmental requirements for products under the Construction Products Regulation, the consultation also seeks views on proposed environmental requirements. For example, whether to place a proportionate mandatory or voluntary obligation on manufacturers to ensure that they consider and mitigate significant environmental impacts of products. Alternatively, to seek to standardise and increase transparency of environmental data in the sector, in line with industry work, such as that of the UK Green Building Council's Whole Life Carbon Roadmap.

Wider actions under consideration also include:

  • Making software available to enable manufacturers and others to perform standardised life cycle environmental impact calculations.
  • Deposit-refund systems, where manufacturers regain ownership of new, surplus or unsold products.
  • Requirements for manufacturers to provide spare parts.
  • Providing a database of re-used products. This could be set up with a view to increasing circularity, as well as compliance with waste and chemicals legislation.

Key takeaways and next steps

Although construction product reform – with the primary objective being greater accountability and responsibility for fire and structural safety issues throughout the life cycle of buildings – is still at an early stage, it is clear from the green paper that comprehensive reform is on the horizon. Following closure of the consultation on 21 May 2025, we will continue to monitor developments and keep you updated.

If you have any questions about the issues raised in this article, please get in touch with Gemma Whittaker or Natalie-Barton-Howes.