Since its release, The Independent Review of the Construction Product Testing Regime has identified several flaws in the current framework and the key learnings identified in the report are pivotal steps in the demand for a safer built environment.
The review, carried out by Paul Morrell OBE and Anneliese Day KC, was first announced in 2021 and the recommendations from the report, if implemented, would significantly modify the premise of fire safety and affect fire safety professionals greatly.
The key focal point of the report is the need for improved and standardised testing procedures. By establishing clear and consistent testing protocols, the report recommends that construction products are thoroughly assessed for their safety and reliability under various environmental conditions. This aims to mitigate risks associated with substandard products and bolster the overall integrity of construction projects.
Identified shortfalls in construction testing regimes
The Executive Summary of the report identified several shortfalls within the current system, split into 6 areas:
Coverage – Only one third of construction products are regulated by the Construction Products Regulation, therefore, two thirds remain unregulated.
Purpose – The primary goal of the regulation was to create a level playing field within the market, not to ensure the safety or sustainability of a building or product. This has subsequently uncovered that there is no ‘UK system for testing the safety of construction products’.
Standardisation – The process of how standards are reviewed is ‘slow, insufficient and of variable quality’, resulting in outdated and inconsistent standards.
Complexity – There’s a disconnection between assessors and those who design and construct buildings, and the criteria of how the products are directed is unclear.
Capacity – The overall system for setting standards, conformity assessment and oversight is strained and slow.
Enforcement – Enforcement has been non-existent; therefore, workers have been able to completely bypass regulations without consequence. No prosecutions under CPR/305/11 have been sanctioned since it was enacted and there is no centralised database of products that have represented a risk.
The report emphasises the importance of independence and transparency in the testing process. It advocates for a robust accreditation system for testing facilities, ensuring that they adhere to strict guidelines and operate impartially. This move is intended to eliminate conflicts of interest and enhance public confidence in the reliability of test results.
The DLUHC recognises that collaboration between regulatory bodies, industry stakeholders, and research institutions is pivotal to improving the overall quality of construction products, and sharing of testing data and information is a necessity. By fostering a culture of data sharing, the report seeks to facilitate greater understanding and awareness of emerging challenges, enabling quicker responses and proactive measures.
The review of construction products testing occurred prior to the investigation conducted by the Grenfell Inquiry on the same matter. This was well in advance of the release of any relevant suggestions.
The Office for Product and Safety Standards (OPSS) has recently initiated a comprehensive review of Product Safety, although this particular review doesn’t encompass construction products. Supporting reputable businesses is necessary however, emphasising safety must remain the focal point of this exercise.
Our CEO, Steve Hamm, believes a robust structure in testing products is pivotal: “The need for control through regulation of product testing is vital. The built environment within the UK is saturated with an ever-growing range of construction products, and to get hold of this, an agile framework needs to be present to help strengthen the process and not hinder the role of testing construction products.”
The Construction Products Association (CPA) recently urged the government to respond to the Morrell review, in a letter to Labour MP Clive Betts last month, Morrell raised concerns that the lack of a full government response to his report could “freeze the progress that might otherwise be made by the industry in improving the safety of products and their applications”.
“This is particularly so given the experience of successive changes made in the announced dates for the switch from CE to UKCA marking, so that some businesses committed investment needlessly, and will be concerned about doing the same thing again,” he said.[1]
Secretary of State for Levelling Up, Housing, and Communities, Michael Gove, made a statement that summarised: “To deliver the change we need, I will set out our proposals for reform of the UK’s construction product regime in due course, building on the work of this review. Nothing is off the table as we consider this new regime, and I welcome contributions from all who share our goal of a safer built environment.”[2]
To guarantee that the important findings of this report are implemented, leaders in the built environment must create a body of knowledge that is accessible and kept under review, with the public interest at its core. All fire professionals should be able to provide a more in-depth and measured response to fire threats by having access to a public and central database of product testing. Compliance for all building work is mandatory, competent and ethical professionals are at the forefront of ensuring these recommendations are adhered to.
Relevant Consultations
The department for Business and Trade has launched two public consultations concerning the fire safety of domestic upholstered furniture and the Product Safety Review. The IFE is collating your input in response to the proposed new approach to the fire safety of domestic upholstered furniture and furnishings to replace the Furniture and Furnishings (Fire) (Safety) Regulations 1988.
We encourage IFE members to respond with their views which will be incorporated into the IFE's response to this consultation. The deadline for responses is 4pm on 2nd October 2023.
The government also invites views on the long-term approach to product safety and how to ensure that the regulatory framework is fit for the future. This consultation will close on 24th October 2023.
For further information, including how to take part members can visit: Consultations and technical guidance (ife.org.uk)
[1] Fears government’s slow response to Morrell review could ‘freeze progress’ on building product safety | News | Building
[2] Written statements - Written questions, answers and statements - UK Parliament