What is the National Regulator for Construction Products?

WHAT IS the National Regulator for Construction Products and why should you be interested?

Last autumn saw the publication of the Code for Construction Product Information (CCPI) published, which aims to establish accurate and transparent information for the industry’s materials and systems.

This month, the industry was criticised for its apathetic response and slow adoption of the Code, with government stating it will enforce industry uptake if necessary. Now, a further step towards establishing a National Regulator for Construction Products is being taken with its enforcement powers due to be brought into law this year.

So how will the National Regulator for Construction Products be organised and what will it do?

Background

In January 2021, the government announced that the Office for Product Safety and Standards (OPSS) would take on responsibility for the national regulation of construction products (it already has responsibility for consumer products). This is in line with a recommendation made in the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt following the Grenfell Tower fire.

OPSS started work to set up a new regulator for construction products in April 2021.

The plan is for the National Regulator for Construction Products (NRCP) to start operating once the Building Safety Bill has gone through Parliament. This new law will allow OPSS to carry out its duties as a regulator in full.

Why Has the National Regulator for Construction Products been Set Up?

Following evidence given during the Grenfell Tower Inquiry poor practices in the construction products industry came to light, damaging the industry’s reputation.

The NRCP will encourage good practice, enforce the law, and educate the industry, the government says. However, the Hackitt report and government departments say the construction industry itself needs to change its operational culture to ensure building safety is prioritised. Industry sectors included in this cultural change are:

• • manufacturers
  • distributors
  • product installers
  • warranty providers
  • standards makers
  • test houses

What’s Happening Now?

The Office for Product Safety and Standards (OPSS) is not yet fully operational. It will come into its own when the Building Safety Bill has been passed. In the meantime it is:

• • establishing its leadership in the construction industry
  • developing an evidence base
  • recruiting staff with appropriate skills and knowledge
  • engaging with stakeholders to build its capacity and understanding
  • reviewing the regulatory system to highlight any gaps
  • liaising with the sector to set expectations

It is also supporting local authorities in the enforcement of the current construction products regulations, drawing on existing legal powers and OPSS’ expertise in areas such as intelligence gathering, risk assessment and investigation.

How Will the NRCP Operate?

The National Regulator for Construction Products is based within the Business, Energy & Industrial Strategy (BEIS) department. It will work with the Building Safety Regulator (which will oversee the safe design, construction and occupation of high-rise residential buildings and is based within the Health and Safety Executive.) It will act on behalf of and be funded by the Department for Levelling Up, Housing and Communities (DLUHC).

EDITOR’S NOTE
This article was corrected on 29 April 2024. It had incorrectly stated that the Office for Product Safety and Standards was based in HSE. In fact, it is a part of the Department for Business and Trade (DBT), formerly the Department for Business, Energy & Industrial Strategy (BEIS) when this article was first published on 18 January 2022.

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