A great deal is being written about the Building Safety Act 2022 (BSA), and for good reason. There are, however, a number of aspects that have a lower profile at the moment but which are likely to become increasingly significant. One of the most important of these is the regulation of construction products.

Construction products and cladding products are dealt with in sections 146 to 155 and in schedule 11 of the BSA. These provisions came into effect on 28 June 2022.

The term “construction products” is not actually defined in the BSA. There are, however, references to two other construction-related regulations. These are the Construction Products Regulations 1991, which define a construction product as “any product which is produced for incorporation in a permanent manner in works” (“works” being construction works, including both building and civil engineering works) and, secondly, Regulation (EU) No. 305/2011, which defines a construction product as “any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works”. Consequently any products forming part of buildings or civil engineering works are likely to fall under the new BSA regime.

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