The Construction Products Reform Green Paper 2025: paving the way for wide scale change to the construction products regime

On 26 February 2025, the Government published its Construction Products Reform Green Paper, alongside its formal response to the Grenfell Tower public inquiry’s final report.

The Green Paper contains proposals for reforming the construction products regime and addresses key recommendations from the Inquiry’s Phase 2 Report[1].

It also responds to two independent reviews commissioned by the previous Government:

• The ‘Independent Review of Building Regulations and Fire Safety by Dame Judith Hackitt, 2018[2] (the Hackitt Review); and
• The ‘Independent Review of the Construction Products Testing Regime by Paul Morrell OBE and Anneliese Day KC, 2023[3] (the Morrell-Day Review).

The Green Paper is a next step in the Government’s expansive and far-reaching reforms to the construction industry following the Grenfell Tower tragedy.

Construction products are central to all buildings and infrastructure, ranging from the very basic (e.g. bricks) to complex assembled systems (e.g. fire doors).

The  aim is to improve the regulatory framework for construction products in the UK. According to the Morrell-Day Review, around two-thirds of construction products on the market are not covered by existing regulations.

The green paper represents a significant step in laying the foundations for a regulatory framework that meet’s the UK’s needs.

The Government aims to eliminate all unsafe products from the market and re-build confidence in the construction industry, which is vital to its ambition of building 1.5 million new homes over the current parliament.

The Green Paper appears to have three over-arching objectives:

• Construction products which are safe for their intended use, to build trust amongst residents and stakeholders ‘through accessible, clear, comprehensible and transparent information’;
• Manufacturers taking responsibility for delivering safe, sustainable products; and
• Growth and innovation to build up a skilled workforce to ‘support the delivery of 1.5 million safe, high-quality homes over this Parliament’.[4]

The Green Paper proposes 11 ambitious reforms, and we set out below some further detail on each of these:

1. Comprehensive regulatory coverage

The Government plans to implement a proportionate, risk-based general safety requirement that applies to all currently unregulated construction products.

This requirement dictates that manufacturers are responsible for assessing the safety of their products before putting them on the market. This could involve conducting risk assessments that test that product’s intended use.

Additional measures are said to apply to products that are critical to safe construction (though it is not currently clear which products this will apply to).

2. Mandatory compliance for products with designated standards

Products that already come within certain standards or are subject to technical assessment must continue to comply with those standards, but with accompanying reforms relating to safety.

The reforms will include both civil and criminal penalties for manufacturers who mislead buyers or neglect their responsibilities to ensure the safety of their products.

This dual framework of requiring compliance for both regulated and unregulated products aims to ensure all products on the market have been adequately assessed.

3. Improved enforcement mechanisms

The Government proposes to enable the national regulator to impose sanctions against manufacturers that breach safety obligations, such as fines and powers to limit activity in the industry.

It also proposes to empower the national regulator to conduct routine market inspections and surveillance activities. This shift towards a more proactive (rather than a simply reactive) approach will enable early detection of unsafe products.

4. Enhanced product information and transparency

It will be a requirement of all construction products to feature clear product information that must be understandable and accessible to all users, from construction professionals to everyday consumers.

The Government also intends to establish a library that will act as a central repository for information related to construction products, including test results, certificates of compliance and research.

5. Digital solutions for enhanced traceability

The Government plans to introduce Digital Product Passports which will provide critical information regarding the safety and potential hazards of products.

This information will be accessible via a digital medium, allowing for easier traceability of issues and enhancing accountability amongst manufacturers.

6. Strengthening third-party testing and certification

Key proposals include:

• Establishing compulsory minimum requirements for all third-party certification schemes;
• Increased oversight of conformity assessment bodies to ensure compliance with these minimum standards; and
• Enhancement of the skills and knowledge of those involved with third party testing, including training programmes aimed at improving technical expertise.

7. Enhanced coordination among regulatory bodies

The current regulatory scene is complex and fragmented. The Government proposes a co-ordination framework among the national regulators, Local Authority Trading Standards, and other relevant agencies in order to streamline the regulatory landscape and allow for better communication between bodies.

This should also allow for regulators to work more collaboratively and therefore respond to safety concerns more promptly before issues escalate.

8. Sustainability and environmental considerations

As part of the broader commitment to align construction products with sustainability goals, product standards will include considering a product’s environmental performance and mitigation of its environmental footprint.

9. A strengthened accountability framework

The Government proposes a stronger accountability framework which clearly sets out the responsibilities of everyone involved in the construction industry, including manufacturers, suppliers, contractors and installers. Each party will need to comply with specific obligations.

10. Strengthening route to redress

The Government proposes to review and improve legal routes for individuals seeking redress from construction product manufacturers, including streamlining processes to hold manufacturers accountable of issues caused by faulty products.

11. Continuous improvement and adaptation

Adaptability in a constantly changing environment is key to the reforms as the government strives for continuous improvement in the industry.

It is proposed that the new construction products regulatory framework is subject to regular reviews to ensure that it remains fit for purpose. This will include identifying areas for improvement and engaging stakeholders to share first-hand experiences.

The Green Paper is likely to be highly anticipated by construction industry actors.  There will remain:

• A desire to understand the extent of any alignment with the EU construction products marketplace, as this is something which the industry considers to be important;
• A need for (1) the public to have trust and confidence that what is being said about a product is true and (2) transparency in relation to the testing of products, especially given their integration into works and use in combination with other products; and
• A desire to understand what the benefits of the proposed construction library will be.

Achieving the necessary changes, which span the entirety of the regulatory system, will likely require a substantial and long-term collaborative effort between the Government and industry professionals. All actors will need to play a part in the above reforms in order to achieve product safety and safe usage.

The consultation will run from 26 February 2025 and will close on 21 May 2025.

This article is for general awareness only and does not constitute legal or professional advice.  If you would like further advice and assistance in relation to any issue raised in this article, please contact us by telephone or email enquiries@sharpepritchard.co.uk

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[1] https://www.grenfelltowerinquiry.org.uk/phase-2-report

[2] https://assets.publishing.service.gov.uk/media/5afc50c840f0b622e4844ab4/Building_a_Safer_Future_-_web.pdf

[3]https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1151666/Independent_Review_of_the_Construction_Product_Testing_Regime.pdf

[4] Construction Products Reform Green Paper 2025 (HTML) – GOV.UK