On 25 February 2026 the UK Government published a very detailed White Paper on proposed reform of the regulation of construction products. That is a reserved matter upon which decision-making has not been delegated to the devolved institutions in the UK, including the Scottish Parliament. That means that any new legislation is very likely to extend to Scotland.
Background
After the Grenfell Tower tragedy in June 2017 the subsequent Inquiry and independent reviews exposed a construction products regulatory regime that failed in its most basic purpose - keeping people safe. Following upon a Green Paper published in February 2025 the aim of the proposed reforms reflected in the White Paper is to close longstanding gaps in regulatory coverage and establish a robust regime that gives confidence in this large and complex sector. Importantly, the aim is said to be not just regulatory change but a transformational cultural shift.
Construction products are a fundamental element of the built environment but only about 37% of the UK market is regulated by the UK's construction products regulations. This leaves a significant number of products unregulated which means that, even where there are known problems, the national regulator is unable to act. This, coupled with dishonest and misleading marketing and poor-quality product information as well as systemic problems in product testing and certification, presents a very bleak picture of the current position.
Any new regulation will have to include the fostering of technical competence and an appropriate culture within the construction sector as well as accountability and, in the end, proper enforcement. The White Paper acknowledges that for too long the UK's products regulations, derived from the UK's membership of the European Union, were principally designed to support trade not safety. While the reforms propose to continue to make the position in the UK consistent with EU product regulations where they meet the UK's safety requirements and, no doubt with the laudable aim of making trade in construction products between the UK and the European Union easier, the new UK regime will focus much more on safety.
What will the proposed reforms cover?
Full details of the nature and extent of the proposed reforms are so extensive that they cannot all be set out here but, in outline, the main proposed reforms include:
1. Mandatory requirements
All construction products will be subject to regulatory requirements through one of two routes:
(a) certain products will be regulated by designated standards and
(b) all other products will be subject to a proportionate, risk-based General Safety Requirement (GSR).
2. Additional measures
These will be applicable to products which are critical to safe construction and where there is a risk of serious harm if something goes wrong. These will include measures to restore confidence in third party assurance and certification, increasing transparency so that properly informed choices can be made on the selection and use of construction products.
3. Better product information, labelling and transparency
It will be necessary for manufacturers and others to provide clear, accessible and accurate product information which must be understandable to users. New powers will be given to the national regulator for construction products to achieve disclosure of information which provides evidence for claims made about construction products, including test results.
4. The use of digital solutions
This will improve access and enhance the information available about construction products which will improve transparency and traceability.
5. Strengthening the testing and certification sector
This is to ensure that all bodies operating within this sector can be trusted and will be subject to robust oversight. This will include establishing a licensing regime for such bodies which will have to carry out their functions in the public interest. In addition, new public sector testing capacity will be developed.
6. Improved enforcement mechanisms
Enforcement authorities will be equipped with investigation and intervention powers to deal effectively with non-compliance with construction product requirements.
7. Strengthening routes to redress
There will be a review of and, where appropriate, improvement of legal routes to redress for those who have been and will be affected by defective construction products. While the White Paper recognises that the Building Safety Act 2022 introduced a new statutory framework for construction product liability (principally via sections 146 to 151) which included among other things greatly extended limitation periods, some have raised concerns including the practical challenges of navigating those provisions. The review will consider how legal processes might be simplified and unnecessary barriers to claims reduced. Accordingly, options are being considered which might lead to changes to and possibly the strengthening of the relevant provisions in the 2022 Act.
8. Competence and accountability
This will include clarity about the obligations of those associated with the production and use of construction products, complemented by strong enforcement. Those involved in producing or using construction products will need to have the right level of competence to be able to meet the associated obligations.
The whole process will be covered from design through to testing and manufacturing of construction products as well as their eventual selection and use.
9. Setting the path to implementation
This will include planned, coordinated and phased implementation in liaison with the construction sector and supporting it to adjust to any new regime.
Responses to the consultation
The consultation on the proposals is open to everyone and will be particularly important for all those who are directly involved in the construction sector. The period for responses to the consultation ends on 20 May 2026.
Comment
Given the background set out above, the UK Government's plan to further improve the regulation of construction products is to be warmly welcomed. It is difficult to understate the importance of the need for it. That said, the construction sector is still trying to come to terms with the fallout from the Grenfell Tower tragedy, including working constructively to deal with the reforms and legislative changes which have already been put in place since 2017. In Scotland, that means a combination of reforms already put in place by the UK and Scottish governments. There is a danger that, if not handled very carefully with clear, properly targeted and proportionate reform, further legislative changes could just create new but different problems which ought to have been avoided. Accordingly, the final detail of the reforms, which will require complex primary and secondary legislation, will be very important.
