New Construction Products Register: OPSS Begins Early Enforcement Actions

The Office for Product Safety and Standards (OPSS) has taken its first enforcement actions against manufacturers for non-compliance with the new UK CPR. Learn from these early cases to ensure your products conform.. Early Enforcement Signals Stricter UK CPR Regime The Office for Product Safety and Standards (OPSS) has initiated its first enforcement actions under the fully implemented UK Construction Products Regulation (UK CPR) framework. These early cases, emerging in late 2026, send a clear message to manufacturers, importers, and distributors: compliance with the new regime is not merely aspirational but an enforceable legal requirement. The OPSS has wasted no time in demonstrating its commitment to ensuring product safety and integrity within the construction sector, particularly in relation to critical fire safety components. This proactive stance underscores the government's post Grenfell Tower resolve to elevate building safety standards across the board, moving beyond the voluntary compliance models that previously presented significant loopholes. Manufacturers and the wider supply chain must take heed of these initial enforcement activities as a blueprint for avoiding similar pitfalls, especially concerning the accuracy and robustness of product declarations and supporting technical documentation. The Evolution of UK CPR and its Impact on Manufacturers The UK CPR significantly diverged from the EU Construction Products Regulation following Brexit, establishing an independent framework designed to address specific UK market needs and bolster safety. Manufacturers are now responsible for affixing the UK marking (formerly UKCA marking, replacing CE marking for products placed on the Great Britain market) and ensuring their products meet designated essential characteristics and performance requirements. This includes meticulous conformity assessment procedures, often involving approved bodies (formerly notified bodies) for fire critical products. The OPSS enforcement actions have primarily targeted discrepancies in manufacturers' Declarations of Performance (DoP) and the underlying test data invoked to support stated product characteristics. This highlights the critical importance of robust quality control and rigorous testing protocols throughout the product development and manufacturing lifecycle, in accordance with standards such as BS EN 14351 for windows and doors, and other relevant harmonised standards adapted for the UK context. Focus on Fire Safety Products: A Non Negotiable Imperative Unsurprisingly, a significant proportion of these early OPSS enforcement cases have centred on fire safety products. The repercussions of non compliant fire doors, fire resistant glazing, or structural fire protection materials can be catastrophic, directly impacting the life safety objectives enshrined in legislation such as the Regulatory Reform (Fire Safety) Order 2005 (RRO) and the Building Safety Act 2022 (BSA 2022). Manufacturers dealing with products integral to a building's fire safety strategy, as outlined in Approved Document B (Fire Safety) of the Building Regulations, face heightened scrutiny. The OPSS actions serve as a stark reminder that inadequate testing, misrepresentation of fire performance, or absent declarations for essential characteristics like reaction to fire or fire resistance will not be tolerated. This places an increased burden of diligence on manufacturers to ensure every claim about a product's fire safety performance is not only accurate but also unequivocally substantiated by verifiable data. Implications for Responsible Persons and Accountable Persons For Responsible Persons (RPs) under the RRO 2005 and, increasingly, Accountable Persons (APs) under the BSA 2022, these enforcement actions carry significant weight. The legal duties of RPs and APs include ensuring the safety of occupants within their buildings, which directly links to the integrity and performance of installed construction products. While the primary enforcement has been against manufacturers, reliance on non compliant products could expose RPs/APs to enforcement action by local fire authorities or the new Building Safety Regulator. It is imperative that RPs and APs undertake due diligence when specifying and procuring products, demanding robust evidence of UK CPR compliance, including valid DoPs and performance certificates. The Fire Safety (England) Regulations 2022 further reinforce the importance of understanding and managing fire risks, making the reliability of products a cornerstone of effective fire safety management. Understanding the Enforcement Landscape: Penalties and Rectification The OPSS possesses a range of enforcement tools under the UK CPR. These can include: Withdrawal notices : Requiring products to be removed from the market. Recall notices : Mandating the retrieval of products already supplied. Prohibition notices : Preventing products from being placed on the market. Compliance notices : De