Construction Products

Construction Products Regulation, Regulation 305/2011, is the regulatory framework for construction products in the European Union. This Regulation, also known as CPR, applies to products sold in the EU, whether they are manufactured in the EU or not.

Manufacturers of construction products need to compile the technical documentation, draw up the Declaration of Performance, and follow the compliance path that assesses the conformity of their products.

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EU legislation on Construction Products

Construction product performance assessment can be ensured by the application of harmonised standards or European technical assessment (ETA). However, also construction products covered by harmonised standards may require the intervention of a third-party conformity assessment body, the notified body. This depends on their Assessment and Verification of Constancy Performance (AVCP) system.

The manufacturer must assess which harmonised standard they apply and – depending on the product’s characteristics and intended use – they will assess under which AVCP system they fall. Manufacturers can self-declare AVCP 4 products, whereas AVCP 1, 2, and 3 products, it is mandatory to involve a notified body.

The ETA is a document issued by technical assessment bodies (TABs). TABs are third party assessment bodies, designed by the European Union. Manufacturers of construction products must involve a TAB when they do not apply harmonised standards. Nonetheless, in case of application of harmonised standards, construction products must be subject to a notified body’s ’conformity assessment if they are AVCP 1, 2, and 3 products.

Products that obtained an ETA as well as products subject to a notified body’s conformity assessment must bear the CE Marking.

Construction products have to ensure that basic requirements for construction works are met. The basic requirements for construction works concern the following aspects:

  • Mechanical resistance and stability
  • Safety in case of fire
  • Hygiene, health, and environment
  • Safety and accessibility in use
  • Protection against noise
  • Energy economy and heat retention
  • Sustainable use of natural resources

On 30 March 2022, the European Commission adopted the proposal for a revised Construction Products Regulation. The Proposal would bring new requirements concerning greener and safer construction product, easier delivery of harmonised standards, and improved digital product information.

According to the proposed revised Regulation, non-EU manufacturers will have to appoint an authorised representative in a Member State.

The current Construction Product Regulation falls under the scope of the Market Surveillance Regulation. Non-EU manufacturers of construction products are obliged to have an economic operators based in the EU, such as the importer or the authorised representative that carries our post-market obligations.

In the case any construction product is found to be non-complaint with the applicable legislation, the main consequences include, among others:

  • Being publicly reported to Safety Gate
  • Warehousing fees
  • Requested or mandated withdrawal
  • Product recall
  • Complete product ban
  • Product destruction
  • Fines

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