Changes to construction product regulation will form a key part of the industry’s ongoing reform, says Peter Caplehorn of the Construction Products Association
One of the key recommendations of the Grenfell Tower Inquiry report was the appointment of a new construction regulator. The proposed regulator would be a single independent body and report directly to a secretary of state. Suggested responsibilities would include the regulation of construction products, testing and certification, contractor licensing, building control, and maintaining test data and publications.
The newly formed Building Safety Regulator is ideally placed to expand its remit and take on this role. However, there is more to it than having a single organisation in place.
The regulatory regime in the UK is based on well-established principles; Building regulations give a set of functional requirements and approved documents provide supportive guidance.
These principles haven’t changed, but unfortunately, there remains a lack of understanding in the industry about how these regulations work.
The culture of building fast and cheap does not help either. One often mentioned risk is that products can be substituted for alternatives on site, with little regard for the impact that this might have on building safety and performance.
About competency
That is where the competency question comes in. A key element of the Inquiry’s recommendations, it is about driving professional standards and making sure that everyone has defined areas of responsibility. This will ensure that the appropriate decisions are made by the right people.
For example, it is not enough to follow the guidance in Approved Documents and assume that the functional needs required by the Building Regulations have been met. People must be able to apply this guidance to different contexts, as there are many competing factors that influence the safety and performance of any specific building.
We need to be testing products in an assembly to understand their true performance characteristics, and new regulations are required to tackle this
The complications extend to the selection of construction products. There are British and European standards to understand, alongside various testing and certification regimes run by different organisations.
Designers and specifiers must be able to take this information and verify that they are selecting products that are fit for purpose. Continuing with the fire safety example, people have to be able to understand fire test results and determine their validity with regard to the building that they are designing.
Consideration must also be given to how products are combined. We need to be testing products in an assembly to understand their true performance characteristics, and new regulations are required to tackle this.
Another challenge is to bring this information together into one centralised resource. The Grenfell report suggested working with universities as hubs for construction information.
Although several universities in the UK are centres for excellence for construction, they would need to join forces to gain the momentum needed. It also remains to be seen who would pay for this work. While universities have a remit for research and education, it would be an immense task and responsibility to keep all the information up to date.
More on the Grenfell Inquiry Phase 2 report
>> Product manufacturers come out fighting after Grenfell Inquiry’s damning verdict
>> What the Phase 2 report said about consultants and contractors
Not standing still
Despite the work still to be done, it is worth noting that in the years since the Grenfell Tower fire, the construction products industry has not stood still.
We have developed the Code for Construction Product Information to raise standards in construction product information and help to provide clarity for designers and specifiers.
The Construction Design and Management Regulations are firmly embedded in the industry, helping to improve health and safety practices during all stages of a construction project, from inception to completion and beyond.
“As an industry, we need to have certainty of performance, and confidence that the right product is being used in the right way. But we have had an opaque and diffused chain of ownership and accountability, which we are thankfully now starting to move away from”
Meanwhile, we are working on a Construction Product Competence Standard for interaction with products. This will be for everyone including designers, installers, maintainers and clients, to ensure that for all products and all buildings, someone fully understands what they are doing.
For many years, the construction industry has had regulations with no teeth. There have been limited sanctions for companies but now the newly created position of Construction Products Regulator under the Office of Product Safety and Standards means there are liabilities and obligations for product manufacturers.
As an industry, we need to have certainty of performance, and confidence that the right product is being used in the right way. But we have had an opaque and diffused chain of ownership and accountability, which we are thankfully now starting to move away from.
However, in an industry that includes one-man bands and multi-million-pound players, putting in place one regime that covers everyone can be difficult.
The greatest challenge with these reforms is ensuring that everyone is on board. While we are moving in the right direction, there remains a lot more work to be done. Every organisation and individual has a role to play.
Peter Caplehorn is chief executive of the Construction Products Association
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