Hackitt Final Report blog series: Week 4 - Products

We continue our blog series on the final report published by Dame Judith Hackitt’s review into Building Regulations and Fire Safety and focus this week on the recommendations for products made in the report.

The final report proposes solutions to the issues identified with products used across the construction industry and particularly those used in higher risk residential buildings (HRRBs). It recognises that products need to be properly tested and certified and also labelled and marketed appropriately and that the current system is not adequate as it makes it difficult to know whether the right products are being used. Dame Judith noted that the findings relating to products in the report may be impacted by the outcome of the Brexit negotiations. The current EU regulation in force, the Construction Products Regulation lays down conditions for product marketing, safety standards and CE marking on products to demonstrate compliance with the appropriate manufacturing standard.

The report sets out recommendations to establish a more robust testing regime and builds on the interim report’s proposal to significantly restrict the use of a "desktop study", that is an assessment instead of a test, with respect to insulation and cladding systems. These type of assessments should only be carried out by people who are qualified or competent and must be properly documented.

In relation to the testing of cladding materials, the report recognises that there is currently a choice between using products of limited combustibility or undergoing a full system test and that using products which are non-combustible or of limited combustibility is undoubtedly the lower risk option.

There should be more transparency in the testing of products critical to the safety of HRRBs, as currently the previous results of testing, including failures prior to a product passing, are not publicly available. Manufacturers of products that are critical to the safety of HRRBs should be subject to retesting of those products at least every three years and to independent third party certification.

A new set of standards which are simpler and more streamlined relating to the testing of products used in HRRBs, and the health and safety of people in and around those buildings, needs to be developed and test methods and standards should be reviewed periodically.

The construction products industry should work together to develop and agree a consistent labelling and traceability system, making use of the digital technologies that are already available and learning from other sectors using such permanent marking technology such as the aviation and car industries. The dutyholder for any given HRRB should ensure that the documentation that supports the performance claims for products and systems incorporated within the HRRB should be maintained throughout the life cycle of a building.

Under the Construction Product Regulation, market surveillance is the responsibility of each member state of the EU and for the gathering of information and cooperation at EU level, there is an alert system in place that facilitates the rapid exchange of information among EU countries and the European Commission. The final part of the recommendations for products in the report relates to the development of a more effective regime for enforcement, complaint investigation and market surveillance by the Government at national level. This would lead to an improved product recall regime and earlier identification of issues with products likely to have a national impact, such as the ACM cladding used on many buildings including the Grenfell Tower.

On 17 May this year, the day the Hackitt final report was published, a commitment to consult on banning combustible material was made during the Secretary of State’s Statement to Parliament. This Government consultation on “Banning the use of combustible materials in the external walls of high-rise residential buildings” will last for eight weeks from 18 June 2018 until 14 August 2018 with the Government seeking to amend the Building Regulations to include an express prohibition on using combustible materials.