The green paper is the government’s response to the Grenfell Inquiry final report (published six months ago). It accepts all the Inquiry’s recommendations. It also serves as the first formal government response to the Independent Review of the Construction Product Testing Regime, conducted by former government construction adviser Paul Morrell OBE and energy and construction lawyer Anneliese Day KC and belatedly published by the then government nearly two years ago.
The green paper makes clear the government’s position that “it is essential that all stakeholders can access clear and credible product information to make informed decisions regarding construction materials”.
EU’s digital product passports
Digital product passports (DPPs) that are accurate, complete, up-to-date and interoperable with BIM are, in theory, just a few years away following the EU’s publication of the Construction Products Regulation (EU-CPR).
In short, the EU-CPR states that DPPs will have to contain the following information:
- the declaration of performance and conformity;
- the general product information, instructions for use and safety information;
- the technical documentation;
- the label;
- the unique identifier;
- documentation required under other EU law applicable to the product; and
- the data carrier (the barcode, QR code or data matrix that links to the digital file for that product).
The government says in the green paper: “Many of our objectives for reform are mirrored in the revised EU-CPR’s objectives, such as: the additional emphasis on making construction products safe and improving the enforcement regime, and proposals to reduce the climate and environmental impact of construction products.
“Our ambitions to deliver 1.5 million homes over this Parliament, support growth by protecting supply chains, and improve our trading relationship with our largest trading partner for construction products will all be supported through consistency with the revised EU-CPR.
“Additionally, it would reduce friction for UK manufacturers selling into the EU and for those seeking to import products into the UK.”
To smooth EU-CPR adoption in the UK, the government proposes that the UK definition of a construction product should mirror the EU’s. Specifically, the green paper states: “We intend that this definition covers a broad range of items that could be considered products; whether they are simple items, or modules, systems or assemblies made from several component parts (which may or may not be products in themselves). We propose the definition also allows for consideration of used products and custom-made products.”
Patricia Massey, digital and technology manager at BEAMA (the UK manufacturing trade association for the electrotechnical sector), welcomed the government's approach: "I'm encouraged to see the green paper highlight the value of DPPs and the indispensable role every economic operator could play with clear responsibilities.
"This consultation could pave the way for a safer, more accountable and innovative construction products framework. Notably, its welcome focus on alignment with European regulations to avoid divergence is a balanced, forward-thinking approach that inspires confidence in our industry."
Labelling detail
Product information and labelling must support those designing and building to choose the right products for their purpose, including when combining products into systems, or choosing substitute products. “We propose requiring that products should be accompanied by appropriate and clear information to support safe installation under intended and normal or reasonably foreseeable conditions of use,” the green paper states.
“The revised EU-CPR includes requirements for new product information and labelling for products covered by designated standards or subject to a technical assessment. Consistency with the regime across the UK would help achieve the government’s guiding objective of securing safe products. For products outside this regime, we are proposing new measures to improve product information and labelling, including through additional regulation.”
The green paper highlights the Code of Construction Product Information and welcomes “the fact that a number of manufacturers and distributors have signed up to this particular initiative”.
Test results in the library
The test results that are necessary for bringing a product to market must be made available. “They should be accessible and free of charge to those selecting and using the product,” the green paper states.
“Any claims made about a product’s performance, including statements about its suitability for use in certain situations, must be clear, honest and evidenced. It is the responsibility of manufacturers, distributors and other economic operators to provide the information to demonstrate this.”
As part of the consultation, the government is “seeking views on what information is necessary to different groups, to ensure that any claims made about a product’s performance are clear, honest and evidenced and enable the safe use of products”. The government recognises the legitimate need to safeguard some product information where it is commercially sensitive information and/or intellectual property.
Product information should be held in the construction library. “Our vision for the construction library goes beyond the scope of the recommendation. We think the library could fulfil a valuable role as a trusted source for all those that need access to information about the safe and appropriate use of products, whether that’s industry professionals, the general public or the national regulator,” the green paper reveals.
The library could host test results, other mandatory information (such as declarations of performance), and fire safety reports and academic reports. The government wants to know what additional information could be useful, and it will consider how DPPs might form part of the construction library.
In developing the library, the government wants to establish with its audience what information it should host before “determining an appropriate model”.
Su Butcher of the Plain Language Group said: "It is good to see government finally saying something about the construction products situation, but is this the right thing? I’m not yet sure.
"There are signs of hope – the emphasis on safety first, more clarity on the future of CE marking and the adoption of DPPs, which brings us into alignment with Europe, as is necessary for an industry that crosses borders routinely.
"But I also have some concerns, not least the lack of urgency, the lack of any mention of a shortage of digital skills and basic digital awareness, and the idea for a construction library that seems to have massively expanded on the concept Sir Martin Moore-Bick recommended that government look at, which is a specific database about fire performance. Will the government proposals deal with the agency capture of our regulatory, certification and trades bodies that the Inquiry identified?
"There’s a lot to absorb and the Plain Language Group will be formulating a response to the consultation."
Standards review
The government proposes that the Ministry of Housing, Communities and Local Government and/or the national regulator commission the BSI to review construction products standards based on priority and risk, to support decisions on designation of standards or their referencing in statutory guidance.
There should also be a structured forum for strategic engagement between the BSI, the regulator and government that enables the BSI to be responsive to government priorities.
Addressing the oft-stated elephant in the room, the green paper notes: “We consider that there is an argument that mandatory standards should be free to access for those obliged to follow that standard.”
Consultation today, but action when?
As already noted, the consultation closes on 21 May. The green paper reveals that the consultation “will be supported by engagement with stakeholders across the sector to inform the development of our proposals”. Further technical consultations may also be conducted to develop and test more detailed policy, as firm proposals emerge, it adds. “Following this consultation, we will set out the government’s initial response and our next steps for long-term reform,” the green paper explains, but with no further detail.
There is a not unreasonable caveat that “the reforms proposed in this green paper are significant in size and scale and will necessarily need to be delivered over the medium to longer term to ensure they are effective”.
Furthermore, “affected businesses would require an appropriate grace period in which to bring their practices and products in line with any new requirements, and that further industry engagement would be required to ensure optimum sequencing of any measures introduced”.
The green paper emphasises that the government wants “to implement our reforms at the earliest opportunity while avoiding regulatory gaps, unintended consequences, or uncertainty for businesses and more widely”.
It is clear on the quid pro quo that the government expects: “As part of our engagement, we will explore lead in times that allow the industry sufficient opportunity to prepare to meet these reforms and ensure a smooth transition. We expect the industry to demonstrate expedience in this regard, making public safety the highest priority.”
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