Recommendation 68

HM Government Acknowledged

The Government agrees that testing of multiple products and products as part of a system should be required. However, we do not believe that it would be appropriate or practical for the Government to place this duty on manufacturers as they are not responsible in most circumstances for determining how their product is used after it has been sold. Therefore, it would be unreasonable and impractical for them to test their products in combination with every product on the market. Building designers are responsible for the performance of systems made up of combinations of products in their designs and their use to thereby ensure that they meet the requirements of the Building Regulations for all buildings. The testing of combinations of products as part of a system is already necessary to demonstrate the compliance of product systems with the Building Regulations. The new regime reinforces this requirement by clarifying accountability, enhancing assurance, and strengthening enforcement. Dealing with matters of system testing for compliance with the Building Regulations is necessarily different depending on the nature of the product and the desired performance. For instance, the compressive strength of a brick is a property that relates only to the brick, but the fire resistance of a brick wall is a property of the combination of bricks, mortar and other components that form the wall. This is a well-established principle that is recognised in the relevant standards and design codes. This is something that standards writers and regulators will keep under review. The Building Safety Bill will also strengthen the regulatory checks for higher-risk buildings by placing new requirements on building designers as part of the more stringent regulatory regime for higher risk buildings. At the building control stage, before construction of the in-scope building can commence, dutyholders will have to demonstrate that they have appropriately considered and assured the safety of the building, that design assumptions are evidenced and that their design complies with Building Regulations. Such considerations might include the rationale for the materials and products proposed in the design and the Building Safety Regulator will need to be satisfied with the evidence provided before it approves the application.