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Key insights from CIRIA’s new guidance on performance-based specifications, IP and MMC

February 2026

Last year saw the publication of two new and important guidance documents by CIRIA, in conjunction with Buildoffsite. The guides are aimed at stakeholders working on a range of projects using innovative ways of working in the UK construction and manufacturing sectors, namely:

1. Using Performance Specifications in Construction Projects; and

2. Managing Intellectual Property for Modern Methods of Construction.

In this short update, we discuss the purpose and key features of the guidance documents, where to find them, key practical benefits, and the associated implications benefitting stakeholders on projects. We also summarise our involvement in reviewing and drafting the guidance.

Using performance specifications

In August 2025, the Using Performance Specifications in Construction Projects guidance was published.

The guide looks at how utilising performance-based specifications, in place of prescriptive specifications, can open-up markets and projects to greater use of modern methods of construction (MMC). It also sets out core principles to further support the effective use of performance‑based specifications throughout projects and enable the adoption of productive, sustainable business models in the UK construction sector. It does this by setting out nine organisational building blocks that can underpin the successful deployment of MMC, and outlines the objectives, actions and desired outcomes for each block.

The guide is split into four sections:

• how to shape behaviours through systems-based thinking and applying performance specifications to improve delivery outcomes;
• guidance on how to set and manage requirements from four key perspectives: the Client; the Designer; the Project Delivery team; and the Product Manufacturer;
• benchmarking project cost and programme; and
• current best practice and exemplar case studies.

The guide looks at both the practical introduction of performance specifications and the legal considerations which arise. The guidance also considers some key legal implications around utilising performance specifications, including:

• the ownership of Intellectual Property Rights (IP) – how this IP will be licenced and/or assigned for use in the Project and how it can be used across multiple projects;
• whether the performance specifications include fitness for purpose or strict obligations, and how this effects insurance policies; and
• how liability and risk is addressed for failure to comply with performance specifications.

If you would like to learn more or to purchase the guidance, please see here.

MMC and IP

Additionally, November 2025 saw the release of guidance on Managing Intellectual Property for Modern Methods of Construction.

The processes, systems, and traditional approaches to contracting have proved to be less effective for MMC. The guide explains how organisations can manage IP arising from MMC to support innovation, accelerate delivery and attract investment. It also explores potential issues and options to resolve key challenges associated with MMC IP management and provides actionable information to project stakeholders regarding the procurement, use and development of MMC.

The guidance highlights the need for clear, project‑specific MMC IP strategies, early collaboration and appropriate contractual terms that balance and reflect the rights and intentions of all project parties. Whilst it does not constitute legal advice and makes clear that users must first assess project-specific circumstances, and obtain independent professional support as required, the document explores legal and commercial considerations. This includes at Section 2.6, and supporting Appendices, identifying and defining roles and the ownership and use of background and new foreground IP rights, licensing/assignment, and confidentiality. The importance of appropriate disclaimers is considered too.

In addition, Section 2.7 of the guide explores issues such as interoperability, and protections in cases of supplier insolvency and the setting of contractual mechanisms to mitigate project disruption.

The guide aims to increase awareness and help employer clients and supply chains embed MMC effectively into procurement, reduce risk and enable wider sustainable and commercial reuse of MMC solutions across projects where appropriate. It includes lessons learnt examples and other case studies to further illustrate the main risks and challenges. It is therefore recommended reading alongside other technical standards within industry.

We will be issuing a detailed note on the content of the MMC IP guidance and the industry’s reaction to the core principles in due course. In the meantime, further details can be found here.

Commentary

Beale & Co greatly appreciated the opportunity to be involved in the Advisory Group and Peer Review stages for both sets of guidance. The authors of this article also directly contributed to sections of the MMC IP guidance with CIRIA and Buildoffsite at all stages of this initiative.

“We are delighted with Beale & Co’s contribution, in particular for co-authoring the guidance on managing IP. To help deliver these guides, CIRIA and BUILDOFFSITE joined forces two years ago, embarking on a journey that began with collaborative workshops involving clients and suppliers. With the support of 15 funders, 50 stakeholders, and 20 authors from both the public and private sectors, this industry-wide collaboration has culminated in two publications demonstrating good practice guidance, underpinned by empirical evidence through case studies. These guides aim to incentivise various forms of partnerships and behaviours that could unlock the MMC sector’s potential for access to procurement frameworks and long-term contracts. This, in turn, could enable more impactful collaboration on MMC adoption, improve performance and capacity, and foster an outcome-based approach focused on value, performance, and sustainability.”

Dirk Vennix, Chief Executive, CIRIA

For more information or support in understanding how such guidance relates to your projects and contracts, or to your innovative approaches to design, please contact Andrew Croft and Charlie Bayliss.

Using performance specifications for construction projects is available for purchase here.

Managing intellectual property for modern methods of construction is available for purchase here.

Additional commentary contributed by Kayleigh Rhodes

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