6 things we learned from the government’s plans to reform the construction products regime

Extra measures planned for construction products where there is ‘greatest risk of harm’

The new regime will create a general safety requirement (GSR) to extend regulations to construction products not covered by the current system.

This is due to come into force in late 2027 through secondary legislation after a consultation on the details, and will place legal duties on those manufacturing, importing or distributing materials or kit for permanent use in UK building works.

But the government is going a step further and bringing in “enhanced measures” for products that are deemed critical to safety, i.e. materials and kit that would put lives at risk if they failed.

This means principal designers and contractors must respectively ensure these products are safe for their intended use and correctly installed, and act to prevent any risks; manufacturers will also be responsible for ensuring there is correct information provided.

The national regulator for construction products will set out a “limited number” of products that will always be defined as critical for safety, such as fire doors, as well as outlining “safety-critical scenarios” where the measures would apply.

According to the paper the system will aim for a “nuanced approach” which takes the item’s exact use in the building into account.

New information requirements will be brought in, including duties to share testing data

People who make, sell or import construction products will have to make sure their wares come with “relevant and comprehensive” information and that any claims made about a product are backed by evidence.

The categories of information needed will differ slightly between the types of regulation. The designated standard, which is currently in use, will be updated in line with European regulations, while GSR products must have details that are digitally available.

Further changes aim to make sure there is clarity on the testing data which is used to support claims about the products, after the inquiry found evidence manufacturers had made false or misleading claims.

The national regulator will have the power to see as much information as it needs to make sure any materials or kit meet regulations, and third-party schemes must include enough information to support their claims, including what tests have been run.

Companies that directly make products will also be legally required provide evidence to support what they say about their wares’ performance and take “reasonable steps” to meet requests for test data from the regulator.

After some groups in the consultation shared fears about competitors seeing insights and copying designs, the government will allow manufacturers with “legitimate” concern over sharing commercially sensitive test results to do this via non-disclosure agreements or by showing documents in person.

But officials also made it clear that Westminster will need to see action from the sector, including developing a way for test data to be presented so it can be compared easily with others.

“We will legislate to mandate the disclosure of test results if industry fails to step up,” the report warned. The regime will also see a move towards digitalisation.

All products will be required by law to have up-to-date information available online that can be accessed through the product’s label, such as via a QR code, and the government has pledged to make sure the national regulator can take a ‘digital-first’ approach to enforcement and market monitoring.

Licensing regime will be introduced for quality assessors but private sector will still provide certificates 

Another area of focus is how construction product testing and certification is carried out and overseen, after the Grenfell Inquiry found “significant failings” in this area.

The government has confirmed it will bring in licensing for conformity assessment bodies (CABs), which determine whether construction products have met regulations.

It means these organisations will have to meet a raft of requirements, some of which will be mandatory by law, including new transparency obligations.

The national regulator will be responsible for approving and licensing CABs and monitoring and enforcing the regulations.

In a change from the original proposals, it will have the power to intervene and test products itself if it has specific safety concerns, though this is expected to be rare.

But the report did note that some consultation respondents, especially housing associations and community groups, had concerns that private sector CABs will still do testing and certification, rather than the national regulator as the inquiry recommended.

Other changes cover the information that is shared with and by CABs, to help ensure certificates of compliance are valid. These include requirements for testers to make sure certificates are up to date and powers for the regulator to order CABs to share cumulative test data that could help it decide if a testing body needs an inspection.

Manufacturers going through assessments must also provide the CAB carrying these out with any relevant past tests, including failed ones and, by law, share the results of future testing.

Alongside this, the national regulator will have powers to oversee the UK Accreditation Service, including carrying out occasional reviews, after the body was criticised in the inquiry for a lack of oversight and monitoring of CABs.

Upskilling and increased capacity in the cladding sector

In the first annual report into the inquiry’s recommendations, the industry identified a risk of a shortfall in skilled cladding workers to meet current demand.

Plus, the acceleration of remediation will create further demands for skilled cladding professionals, against a limited supply base of qualified UK workers.

To address this, the Construction Industry Training Board has secured a supplier to deliver a new Rainscreen Facade Installer Training programme.

The first cohort, launching in February 2026, will support the upskilling of facade installers and site supervisors, provide recognised qualifications and raise competency standards, helping to expand the talent pipeline required to sustain accelerated remediation.

Cladders have also been added to the immigration salary list, making it easier for employers to recruit skilled workers from overseas.

Rule-breakers face prison sentences of up to two years and individuals will be held accountable

The national regulator for construction products is the main body that will be overseeing and enforcing the regime, though in future it will join up with the Building Safety Regulator and operate as a single construction regulator.

For now, it will be taking on 15 new responsibilities, many of which relate to making sure those making and selling construction products and certifying and testing them are complying with the rules, including through market surveillance.

One of the key changes is in the penalties that actors will face if they break the rules which, the report notes, is needed after the inquiry and other building safety reviews “exposed gaps, weak penalties and a lack of oversight that have enabled unsafe practices to go unchecked”.

Under the new system, those who do not comply with the GSR face two years in prison or an unlimited fine depending on the seriousness of the breach, and the government indicates it will aim to reflect this for all products in scope of construction products regulation.

Lawbreakers will also face civil fines as an alternative to being taken to criminal court, though it is not clear yet whether the national regulator will be able to issue these and at what level the fines will be set.

The government is also planning to bring in rules so that individuals can be held personally accountable for a company breaking the law, provided this happened with their “consent, connivance or negligence”.

Those who are convicted could also be banned from running companies in the UK for up to 15 years, and the regulator will also have the option of recovering any assets that have been obtained through criminal activity.

Some changes will take years and many need primary legislation

Alongside details of what will be changing, the report revealed a plan for how and when this will be implemented.

The government has committed to make sure changes are “phased to provide time for industry to adapt” and acknowledged that lead times of 18 months to two years will be needed for some of the reforms, while others will not require this length of notice.

It aims to start by updating laws for products covered by current regulations so they are consistent with European standards, with the aim that this will be in force by late 2027 along with the new GSR.

But many of the changes planned, including those relating to new offences, products critical to construction and some of the functions of the national regulator, will need primary legislation which is dependent on the parliamentary timetable.

The paper states that these will come into force in a future legislative session and some may also need secondary legislation following the bill.