The Construction Products Regulation in Great Britain

Guidance providing practical information for placing construction products on the GB market.

As a result of the United Kingdom’s departure from the European Union, the UK has implemented its own system for testing construction products and undertaking conformity assessment. This system is outlined in ‘UK Statutory Instrument No.465, The Construction Products (Amendment etc.) (EU Exit) Regulations 2019’ and, for Northern Ireland, in ‘UK Statutory Instrument No.1359, The Construction Products (Amendment etc.) (EU Exit) Regulations 2020’. This article will primarily concentrate on the requirements for placing construction products on the market in Great Britain (GB), comprising England, Scotland and Wales.

While the UK Construction Products Regulation (UK-CPR) maintains the overall requirements of the EU Construction Products Regulation 305/2011 (EU-CPR) – see the article ‘Floor coverings and the Construction Products Regulation’ – certain modifications were necessary to ensure its legal applicability in the UK. For instance, references to ‘European Notified Bodies’ have been replaced with ‘UK Approved Bodies’ in order to align with the UK’s regulatory framework.

Requirements

To place construction products on the market in Great Britain, manufacturers must meet certain requirements. These include:

1. Declaration of Performance (DoP). Manufacturers of products covered by a UK ‘Designated Standard’, or those who have obtained a UK ‘Technical Assessment’ for their product must create a ‘Declaration of Performance’ (DoP). This document outlines the product’s performance characteristics and its conformity with the relevant standards.
2. UKCA marking. Manufacturers must use the UKCA (United Kingdom Conformity Assessed) mark on their products, but it can only be applied if the product meets the necessary requirements. Manufacturers are responsible for assessing their products and ensuring conformity with the declared performances stated in their DoP. However, most assessment routes require testing and certification by a UK approved body.
3. Document maintenance. Manufacturers are required to maintain documentation related to the construction products, including technical documentation, test reports and certificates of conformity (where applicable). This documentation should be readily available for inspection by market authorities.

Process of assessment

A UK Conformity Assessment can now only be carried out by UK Approved Bodies. Depending on the ‘Assessment and Verification of Constancy of Performance’ (AVCP) system, the product may need to undergo additional testing and assessment to ensure compliance.

The process of assessing construction products and the mandatory testing required may vary, depending on the type of product. These requirements are typically outlined in the annexes of the Designated Standard. For instance, Annex ZA.3 specifies the AVCP system for the product.

UK Designated Standards currently reflect the European harmonised standards used for EU-CPR, and as such have the same requirements, but this may well change in the future. Where products were covered by European Technical Assessments, they will now be covered by UK Technical Assessments.

It should be noted that the latest UK government advice suggests that CE marking will still be recognised in Great Britain until 30^th June 2025. After that date, however, all construction products covered by a UK Designated Standard or UK Technical Assessment will need to affix the UKCA marking having met the requirements of UK-CPR.

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