Government commits to ‘system-wide’ construction products reform as CE marking deadline is extended again

The government has committed to a “system wide” reform of the construction products regulatory regime in order to respond to recommendations in the Grenfell Inquiry’s final report.

The use of CE marking for construction products will be indefinitely extended and the national classes for product certification will be abolished under a package of new measures announced yesterday by building safety minister Rushanara Ali.

Speaking in the House of Commons, Ali said she was ”determined to address the inadequacies across the wider construction products regime” to ensure residents and communities are confident their homes are “safe and well-built now and in the future”.

The move follows an independent review of the construction products testing regime and comes ahead of tomorrow’s publication of the Grenfell Inquiry’s phase two report, which will look into the causes of the 2017 fire which killed 72 people.

The inquiry found a number of shortcomings in the product certification system including the ability of manufacturers to market products based on misleading test results.

It also shed light on flaws in the national classes, fire testing standards which include the controversial class 0 standard which has been repeatedly discussed at the Grenfell Inquiry.

>> Also read: The Grenfell Inquiry’s final report: what to look out for

Ali said the “outdated” national classes would be replaced by the “more robust” European standards which have been used alongside the former in a dual classification system since the early 2000s.

Under the plans, which implement a recommendation made in the Hackitt report, recognition for national classes covering fire resistance would end after a five-year transition period and a six-month transition period for classes covering reaction to fire.

Ali described the approach as a “generous yet critical approach and has been put in place to facilitate a smooth transition to the European standard that is not disruptive to supply chains.”

The extension to the CE marking regime means firms will no longer need to comply to the post-Brexit UKCA regime which would have become mandatory after 30 June 2025.

The UKCA regime, which requires products to be tested in the UK or at approved facilities overseas, was originally due to come into force on 1 January 2022 but has now been delayed three times because of a lack of testing capacity in this country.

Ali said it was “clear that there is currently insufficient testing and certification capacity in the UK alone to provide the volume of conformity assessment that would be required were CE recognition to end”.

She added: “We are also clear that ending recognition of CE marking without reforming the domestic regime would create trade barriers and negatively affect the supply of products that meet recognised standards.”

The extension, and the future of both the CE and UKCA regimes, was being made “conditional on this government committing to system wide reform of the construction products regulatory regime”, Ali said, adding that any future changes to CE marking would be subject to a two-year transition period.

She also said the government will bring forward proposals for personal emergency evacuation plans for disabled and vulnerable residents living in high-rise blocks.

The measure was recommended by the Grenfell Inquiry phase one report in 2019.

Ali said residents with “disabilities and impairments” will be entitled to a person-centred risk assessment to identify appropriate equipment and adjustments to aid their fire safety/evacuation, as well as a “residential PEEPs statement” that records what vulnerable residents should do in the event of a fire.

She said: “The government have committed funding next year to begin this important work by supporting social housing providers to deliver residential PEEPs for their renters.”

The government also announced it will make sprinklers in care homes mandatory.

Ali told parliament an update to ‘Approved Document B’ in building regulations will make provision for sprinklers in all new care homes.

She said: “Sprinklers enhance fire protection where residents may be reliant on others for help and assistance, especially if a building evacuation is needed. Many care home providers already include sprinklers in new designs.”

She said that care homeowners and developers will have a six-month transition period until the guidance comes into effect and then have a further six months for development projects already under way.

The final Grenfell Inquiry phase two report is due to be published tomorrow.