Construction products reform and you - Written by David Smoker, chair of Future Water's Standards and Regulations Group

Construction products reform and you - Written by David Smoker, chair of Future Water's Standards and Regulations Group

While the water sector has been rightly focused on the implications of A New Vision for Water, a development of equal strategic significance emerged just before Christmas. The government released The Single Construction Regulator Prospectus,1 a consultation document that will underpin a forthcoming Bill. Once enacted, it will establish a regulator with extensive statutory authority across the entire construction products landscape.

Towards the end of February the Construction Products Reform White Paper 2 was published as a consultation document

The scope is unambiguous. The regulator will be empowered to enforce requirements for all construction products, irrespective of their end use. Although the initial emphasis will fall on products used in buildings, the government’s intention to bring the full breadth of construction products—including those used in civil engineering and infrastructure—under a unified regulatory regime is explicit.

Reinforcing this direction, BSI has now published PAS 2000: Construction products. Bringing safe products to market. Code of practice 3 (28 February). Sponsored by OPSS and free to download, it sets out the operational expectations that manufacturers, specifiers, and supply-chain will be required to meet.

How the regulatory framework has evolved

The catalyst

· June 2017 — Grenfell Tower fire A defining event that exposed systemic failures in product testing, certification, and regulatory oversight.

The initial response

· December 2017 — Hackitt Review (interim report) Early findings identified deep structural weaknesses in the regulatory system.

· May 2018 — Hackitt Review (final report) 4Highlighted serious deficiencies in product testing and certification, particularly for cladding systems, and called for fundamental reform.

Government proposals and legislative action

· June 2019 — “Building a Safer Future” green paper Set out proposals for a reformed building safety system.

· April 2022 — Building Safety Act 2022 5

o Introduced the statutory definition of high-risk buildings.

o Established new duties for accountable persons.

o Created the Building Safety Regulator (BSR) within the HSE.

o Defined the powers of the National Regulator for Construction Products (NRCP) within OPSS, funded by MHCLG.

Independent scrutiny of the testing regime

· April 2023 — Independent Review of the Construction Product Testing Regime,6 led by Paul Morrell and Annelies Day, it concluded that:

o Testing and certification arrangements are fragmented and inconsistent.

o Enforcement is weak or absent.

o The system lacks the robustness required to ensure product safety.

Expansion of scope and regulatory ambition

· February 2025 — Construction Products Reform Green Paper proposed:

o Strengthened regulation and enforcement of product testing.

o Improved information transfer across the supply chain.

o Expansion of regulatory scope beyond fire safety to encompass all aspects of safety and sustainability.

o Continued inclusion of products used in both buildings and civil engineering works, recognising that many products serve both domains and must perform safely in all intended applications.

Consolidation of regulatory functions

· December 2025 — Single Construction Regulator Prospectus 7 Consultation open until 20 March. Proposes merging the BSR and NRCP into a single Construction Regulator with direct oversight of testing and certification across all construction products.

Institutional realignment and supporting standards

· January 2026 — BSR becomes a standalone body Transitioned from HSE to MHCLG to align with the broader reform programme.

· February 2026 — PAS 2000 published Provides a structured code of practice for bringing safe construction products to market.

· February 2026 — Construction Products Reform White Paper Consultation open until 20th May

o Mandatory requirements when placing a construction product on the market; Enhanced product information and transparency; Strengthening testing and certification.

o Confirms products used in all buildings and civil engineering works are in scope of regulation.

o Enhanced rules for voluntary standards and third-party certification.

o Obligations for principal designer, principal contractors and manufacturers.

What this means for the sector

The regulatory trajectory is clear and decisive. The UK is moving toward a single, authoritative construction regulator with the mandate and enforcement capability to oversee the entire construction products ecosystem. This shift will have direct implications for manufacturers, suppliers, designers, contractors, asset owners, and regulated sectors such as water and infrastructure.

Compliance expectations will rise. Testing and certification will be subject to greater scrutiny. Information transparency will become a statutory requirement rather than a voluntary practice. And the regulatory perimeter will extend well beyond traditional building products.

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