Brexit – Construction Products Regulation
The Construction Products Regulation (EU) No 305/2011 (CPR) is European Union (EU) legislation that sets out rules for the marketing of construction products in the EU. It is aimed at reducing technical barriers to trade and ensuring the free movement of certain construction products within the EU. You can read more about the CPR on our website. Click here to download our information leaflet on what a ‘no deal’ Brexit might mean to you and the construction industry and what steps to take.
Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ (DoP) and affix a ‘CE’ marking to the product. The CPR also places additional obligations on manufacturers, importers, distributors and authorised representatives (where applicable).
Harmonised standards define the methods and the criteria for assessing performance of construction products and set out the degree of third party assessment required to enable manufacturers to draw up the DoP and affix the CE marking. Third party assessment may only be undertaken by ‘notified bodies’. ‘Notified bodies’ must be established in a member state and be designated by the member state’s ‘notifying authority’.
Impact of a ‘no deal’ Brexit
After Brexit, manufacturers, importers, distributors and authorised representatives will need to continue to comply with the CPR when placing construction products on the Irish/EU market.
However, from the date the UK leaves the EU:
- UK ‘notified bodies’ will lose their status as EU ‘notified bodies’, that is, they will be unable to perform conformity assessment tasks for the purposes of the CPR
- Irish ‘distributors’ of UK construction products may have additional obligations under the CPR as they may become ‘importers’
- these changes may have an impact on the supply of construction products
Manufacturers, importers, distributors and authorised representatives need to take the necessary steps to ensure that they hold certificates under the responsibility of an EU-27 ‘notified body’ (that is, a ‘notified body’ registered in one of the 27 EU countries after the UK leaves the EU). For construction products currently reliant on a UK ‘notified body’, the manufacturers, importers, distributors or authorised representatives need to either:
- arrange for a transfer of their files and the corresponding certificates from the UK ‘notified body’ (a ‘notified body’ registered in the UK) to an EU-27 ‘notified body’, or
- apply for a new certificate with an EU-27 ‘notified body’
Either step should be taken before the UK leaves the EU.
Manufacturers, importers, distributors and authorised representatives need to ensure they comply with their obligations and responsibilities, as set out in the CPR.
- Both authorised representatives and importers must be established in the EU-27 from the date that the UK leaves the EU.
Builders, designers, specifiers, certifiers and construction professionals should be aware of the impacts of a ‘no deal’ Brexit. They should prepare by examining their supply chains to ensure suitable construction products with appropriate documentation demonstrating compliance will be available after the UK leaves the EU.
What to look for on the CE marking of a construction product
Accessible version of graphic on what to look for on the CE marking of a construction product
Support and guidance
Click here to download our information leaflet on what a ‘no deal’ Brexit might mean to you and the construction industry and what steps to take.
For support and guidance on standards and certification, contact the National Standards Authority of Ireland (NSAI) (link is external). Email email@example.com or phone 01-807 3800. It has produced a leaflet on product certification (link is external), which provides useful information on preparing for Brexit.
For further information on the legal consequences in relation to certain construction products of the UK leaving the EU – the European Commission has produced a ‘Notice to stakeholders’ (link is external) (January 2018). In addition, it published a ‘Questions and Answers’ document (link is external) (February 2019), which provides useful information on the practical impacts of a ‘no deal’ Brexit.
If in doubt, operators should consider taking professional advice about how their obligations may change.
Notifying Authority – Department of Housing Planning and Local Government
The Department of Housing, Planning and Local Government (DHPLG) is responsible for policy and regulation of building standards, including implementation of the CPR. The DHPLG is also the ‘notifying authority’ for construction products that are covered by the CPR. A ‘notifying authority’ is responsible for implementing the necessary procedures for the assessment, notification and monitoring of ‘notified bodies’. A ‘notified body’ is a body that is designated to carry out certain conformity assessment procedures referred to in the applicable EU legislation. You can read more about the notification procedure on our website.
The ‘Nando’ EU commission website provides the full listing of all current EU-wide ‘notified bodies’ (link is external) (link is external).