The new construction product regulations align UK law with evolving EU standards and in doing so lift a barrier to trade and compliance while maintaining the emphasis on safety standards, explains Rubina Zaidi, senior associate, Shoosmiths LLP.
The Construction Products (Amendment) Regulations 2025 (the 2025 Regulations) represent a further development in the UK’s approach to construction product safety and compliance following on from the introduction of the Building Safety Act 2022 (BSA 2022) and the UK government’s consultation on the Construction Products Reform Green Paper (the Consultation).
These amendments, which came into force on 8 January 2026, are designed to keep UK law in step with significant reforms to the European Union’s construction products regulatory regime, ensuring continued alignment, market access and stability for UK businesses.
Regulatory change post-Brexit
Following Brexit, the UK retained much of the EU regulatory framework, including the Construction Products Regulation 2011, as “retained EU law”, with subsequent amendments. These were in the form of the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 and 2020, which were introduced to ensure the continued functionality of the regime governing construction products placed on the market and used in Great Britain.
A ministerial statement issued in September 2024 indicated that the CE marking regime for construction products would continue indefinitely and that there will be a transition period of at least two years following the introduction of any changes.
If businesses ensure they use a UK-approved body for the testing and certification of construction products to be placed on the GB market, which are covered by a designated standard or conform to a UK technical assessment issued for that product, the UKCA marking regime can also continue to be used.
The EU has overhauled its construction product regulatory framework, replacing Regulation (EU) No 305/2011 with Regulation (EU) 2024/3110 (EU Construction Products Regulation 2024). This new regime introduces harmonised rules for the marketing of construction products across the EU, with a focus on safety, sustainability and supply chain transparency. The UK opted to introduce the 2025 Regulations to recognise that products compliant with the new EU standards are also compliant with UK law.
Key provisions of the 2025 Regulations
The key feature of the 2025 Regulations is the formal recognition that construction products, which comply with the EU’s new construction product regime, are deemed to comply with UK law so that CE-marked products, tested and certified under the new EU rules, can continue to be placed on the GB market without additional testing or documentation. This should avoid duplication, ease administration and reduce the pressure on supply chains.
The 2025 Regulations update references and definitions throughout UK law in line with the new EU legislation. Definitions are amended to include both the previous and new EU regulations, ensuring clarity for those in the construction sector as they allow manufacturers, importers, developers, contractors and distributors to show they have satisfied the UK’s compliance requirements by relying on the old or new EU regulatory regime.
While recognising the EU changes, the UK has not adopted all the EU’s reforms. For example, unlike the EU, the UK has yet to introduce mandatory digital product passports, although this may be addressed in future UK legislation.
Enforcement and compliance
The Office for Product Safety and Standards (OPSS) will continue to enforce the regulatory regime for construction products with actions for non-compliance including the ability to issue prohibition notices and impose fines.
Businesses should be aware of both the adverse legal and reputational consequences of non-compliance and should maintain robust record-keeping systems for their products including technical documentation, performance declarations and conformity assessments, regardless of whether they use CE or UKCA marking, to assist in demonstrating compliance. Businesses should also ensure that their product records are up to date and readily available.
In addition to auditing their product records, businesses may wish to consider reviewing their record-keeping systems, refreshing staff training on the recent regulatory changes and on documentation requirements and should review their supply chains and product portfolios to ensure that products intended for the GB market meet either the CE or UKCA marking requirements.
Future UK regulatory developments, particularly around sustainability and safety, as well as the government’s awaited response to the Consultation, should also be monitored.
Conclusion: towards a safer, more efficient market
The 2025 Regulations represent a practical step towards regulatory alignment and market stability. By recognising EU-compliant products, a barrier to the ease of both trade and compliance has been removed, while maintaining the emphasis on safety standards.
While industry stakeholders may welcome the regulatory certainty and reduced administrative burden introduced by the 2025 Regulations, businesses should monitor future developments, as the UK further amends its regulatory framework in response to evolving EU standards, particularly in relation to sustainability and safety.
The government has indicated that further reforms are likely, including the possible adoption of additional EU definitions and the introduction of digital product passports to improve regulatory compliance and sustainability.
Further changes are also likely to follow the government’s response to the Consultation, which proposes a proportionate, risk-based general safety requirement for construction products. Stakeholders wishing to maintain access to the GB market should therefore prepare for ongoing changes to the regulatory environment and to respond to initiatives led by the industry itself by actively monitoring government updates and industry guidance to stay ahead of future compliance obligations.
The wider regulatory context
The government’s commitment to robust product safety is reflected in increased market surveillance by the Office for Product Safety and Standards (OPSS), its risk-based approach to enforcement and by the introduction of the 2025 Regulations, which form part of a broader regulatory landscape shaped by the BSA 2022 and ongoing reforms to the Building Safety Regulator (BSR).
The BSA 2022 itself represented major change in the regulation of building safety, establishing the National Construction Products Regulator (NCPR), enhancing the enforcement powers of regulators, imposing new statutory duties on manufacturers and suppliers and introducing new rights to sue them.
The government’s intention to create a single construction regulator, a key recommendation of the Grenfell Tower Inquiry, is expected to promote the centralisation of safety in the construction process. As we discussed in another article in December 2025, the government published a prospectus confirming that one of the functions of the new regulator will be the regulation of construction products. The government has committed to publishing a Construction Products Reform White Paper by spring to set out its plans for reform.
The draft Building Safety Regulator (Establishment of New Body and Transfer of Functions etc.) Regulations 2026 (2026 Regulations) represents the first step to creating a single construction regulator.
The 2026 Regulations, which came into force on 27 January 2026, set up the BSR as a new independent body corporate, moving the BSR’s function from the HSE, and establishing the BSR as the sole building safety regulator for the purposes of the BSA 2022.
The 2026 Regulations change both the governance and operation of the BSR, which will report directly to the Secretary of State for the Ministry of Housing, Communities and Local Government (MHCLG), and provide that functions of the BSR can be delegated to staff at the HSE until 31 December 2026.
The MHCLG intends the reforms to the BSR to support its housebuilding targets, while prioritising safety, and to reduce the delays that continue to hinder the process of construction.
