The Construction Products (Amendment) Regulations 2022

The Construction Products Regulations 2013 provide an enforcement and penalty regime in the United Kingdom to ensure that construction products placed on the UK market are safe and compliant with safety standards.

The duties apply to manufacturers, importers and suppliers of construction products, but not to users.

Note about terminology

These Regulations implement Regulation (EU) 305/2011 laying down harmonised conditions for the marketing of construction products (referred to below as ‘the EU Construction Products Regulation’). Since 1st January 2021, the EU Construction Products Regulation has been replicated into law in Great Britain as the GB Construction Products Regulation. Therefore, when reading this entry be careful to differentiate between:

• The Construction Products Regulations 2013 (i.e. this entry);
• the EU Construction Products Regulation; and
• the GB Construction Products Regulation.

Overview – The Construction Products Regulations 2013

The Construction Products Regulations 2013 originally provided for enforcement of the EU Construction Products Regulation within the UK.

Since 1st January 2021 The Construction Products Regulations 2013 have been amended so that they implement the GB Construction Products Regulation within Great Britain only.

The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (‘EU-UK Withdrawal Agreement’) and the associated Northern Ireland Protocol provide that Northern Ireland continues to apply EU rules. Therefore the EU Construction Products Regulation continues to apply in Northern Ireland.

Ongoing implementation of the EU Construction Products Regulation in Northern Ireland is now covered by The Construction Products (Amendment etc.) (EU Exit) Regulations 2020. Implementation of the EU Construction Products Regulation in Northern Ireland remains very similar to implementation of the GB Construction Products Regulation in Great Britain. This entry therefore also describes the duties which apply in Northern Ireland as set out in The Construction Products (Amendment etc.) (EU Exit) Regulations 2020.

Overview – the EU Construction Products Regulation

The EU Construction Products Regulation provides for construction products to comply with harmonised safety standards or, where no direct standard exists, with a ‘European Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the EU market and for those products to be CE marked and an EU Declaration of Conformity to be prepared.

Overview – the GB Construction Products Regulation 

The GB Construction Products Regulation generally mirrors the EU Construction Products Regulation, but with some modifications in terminology.

The GB Construction Products Regulation requires construction products to comply with safety standards or, where no direct standard exists, with a ‘UK Assessment Document’. The Regulation requires conformity assessment of various types of construction product placed on the GB market and for those products to be UK CA marked and a Declaration of Conformity to be prepared. As at 1st January 2021 the safety standards are the same standards as required in the EU Construction Products Regulation. It is possible that the GB and EU standards may diverge in the future.

 

Duties