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The government’s long-awaited Construction Products Reform White Paper consultation (White Paper), and accompanying consultation on a new General Safety Requirement for Construction Products (GSR consultation), have been published.
Together, they propose a game‑changing shift in UK construction products regulation - signalling a decisive move towards a stricter regime, with greater construction products requirements and tougher consequences for non‑compliance. And, crucially, all stakeholders in the construction industry are expected to take responsibility for product safety.
The White Paper and its proposals
This White Paper follows on from the government's Construction Products Reform Green Paper last year. Following feedback, the White Paper now seeks views on its package of proposals to reform the construction products regime.
Importantly it stresses that "change must also be owned and led by the sector as a whole - including, but not limited to, manufacturers, importers, distributors (including merchants), specifiers, contractors, developers, standards bodies, testing houses, and funders".
Very broadly, key proposals include:
- All construction products to be subject to regulatory requirements - either through designated standards, or through a proportionate risk-based general safety requirement (GSR) if no designated standard applies
- Extra requirements where products are "critical to safe construction"
- Clear, accessible labelling and product information which outlines critical safety information
- For third party certification schemes, manufacturers making it known when they've undertaken tests; and sharing information that could affect the validity of a certificate with its issuer
- Developing a construction library
- More focus on digital information systems, like digital product records
- Reforming how Conformity Assessment Bodies work, plus developing new public sector testing capacity
- Greater enforcement powers and sanctions - including investigation and intervention powers, criminal offences for both companies and individuals, unlimited fines or imprisonment, civil monetary penalties, director disqualification, and recouping proceeds of crime. Furthermore "we are also continuing to explore provisions to hold associated companies to account, recognising their influence on corporate culture"
- Reviewing legal routes for redress for those affected by faulty products
- Emphasis on sustainability criteria to reduce environmental impact, and
- All those involved in producing or using construction products having the "right level of competence" to meet their obligations.
At over 140 pages, the above is only a high level overview. For more detail, Part B of the paper ("a reformed construction products system"), explores the definition of "construction product", regulation of products, accessible information, testing and assessment, regulators' roles, and competence and accountability.
The GSR consultation and its proposals
The GSR would apply UK-wide, and is being introduced because "products are only regulated under construction products regulations currently if covered by a ‘designated standard’ or, subject to a UK ‘technical assessment’ … there are no minimum requirements that cover the remaining products." It's these "remaining products" that would be caught under the GSR.
Very broadly, key proposals include:
- Manufacturers identifying and assessing safety risks for a products' intended and reasonably foreseeable conditions of use
- Clear, accurate, and complete information to be given, such as intended use, specifications, and installation guidance, with marketing claims about safety being evidence-based
- Products to have unique identifiers and manufacturer and importer details, using digital solutions like QR codes
- Manufacturers and importers keeping risk assessments, documentation, and safety-incident records for a decade
- Construction products being stored and transported in ways that maintain their safety and integrity
- Importers and distributors checking compliance and implementing controls to prevent unsafe products being sold, and
- Economic operators monitoring products to identify safety risks, investigating and recording complaints, and taking corrective actions.
Sanctions would include "civil monetary penalties, cost recovery provisions, and criminal offences for serious breaches of the overarching safety duty".
There is far more detail in the 52-page document, including around previously used products, online marketplaces, labelling and enforcement.
Other important publications to be aware of
The BSI's "Construction products. Bringing safe products to market. Code of practice" PAS 2000:2026 was also published recently. Sponsored by the Office for Product Safety and Standards, this "provides recommendations that construction product manufacturers and other economic operators can adopt to demonstrate that they have taken all reasonable steps to ensure that the construction products they place on the market are safe for their intended use". It is also referred to in the White Paper and GSR consultation.
Other recent government publications include:
Those involved with construction products should keep an eye out for further publications.
What next?
The White Paper and GSR consultations both close on 20 May; and feedback will need to be collated, analysed and actioned. Furthermore, the White Paper states "implementation of the new construction products regime will require legislation (both primary and secondary) so is subject to parliamentary time".
The proposed reforms would fundamentally reshape compliance expectations, industry behaviours and culture. Although the White Paper and GSR are being consulted on, after years of research and previous consultation, the government's thinking on construction products is advanced, and significant change is inevitable.
As such, construction stakeholders should look at both papers now, and carefully consider what they would need to do ahead of time - including responding to the consultations if they want to have their say.
This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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