Guidance

Construction Products Regulation in Great Britain

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

Applies to England, Scotland and Wales

This guidance is about supplying construction products to the GB market. The GB market refers to England, Wales and Scotland. It is a summary of the provisions of the relevant legislation, but it is not comprehensive. You should rely on the provisions of the legislation in preference to what is summarised in this guidance.

For the legislation which makes amendments to the regime for construction products post transition period, please follow these links:

Note: This guidance does not cover goods supplied to the Northern Ireland market or goods supplied to the GB market from Northern Ireland. See guidance on Construction Products Regulation in Northern Ireland.

Businesses must prepare for the end of recognition of the CE mark in GB, ensure they are using a UK-recognised ‘approved body’ for testing and certification for all products supplied to the GB market, and affix the UK mark ( also known as the UKCA mark) to their products. Where a product has already been tested by an EU-recognised notified body under Assessment and Verification of Constancy of Performance (AVCP) System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.

Our intention is to end recognition of the CE mark in GB by 1 January 2023. Current rules will remain in place until legislation is laid to end recognition of the CE mark.

Businesses should comply with the new UK regime, as soon as possible. This includes use of the UK mark when supplying goods to the GB market. To allow businesses time to adjust, some CE marked goods, that meet EU requirements, may continue to be supplied on the GB market.

We intend for this arrangement to end on 1 January 2023, which will require legislation. Businesses should ensure they are prepared for the new system before it comes into effect.

For further guidance if you’re placing construction products goods on the European Union market, read: EU Construction Products Regulation and CE marking.

Purpose

To provide a summary of the actions that will be required by economic operators wishing to supply construction products to the GB market and by UK based conformity assessment bodies.

Annex A of this guidance sets out additional information for current UK approved bodies.

Annex B provides information in relation to authorised representatives.

Annex C provides detail in relation to the technical assessment bodies (‘TABs’), for those construction products that are not fully covered by a designated standard.

We published guidance to help businesses to prepare for EU exit by providing practical information about placing construction products on the GB market from 1 January 2021. This guidance replaces this and provides information about further changes to requirements from 1 January 2023. See guidance on placing goods on the NI market.

Construction Products Regulation in Great Britain

The government made legislation in March 2019 which came into effect on 1 January 2021 to make arrangements for the regulation of construction products after EU Exit. Since then, we have made further changes to take into account the effect of the Withdrawal Agreement and Northern Ireland Protocol. Those changes also came into effect on 1 January 2021.

In summary, the changes which were made in March 2019 will now apply in England, Wales and Scotland only. The regime in Northern Ireland matches the EU requirements for construction products.

Designated standards

All existing harmonised European standards became UK ‘designated standards’. This means that after the end of the transition period, harmonised European standards and UK designated standards areidentical.

The government has published, and will maintain, a list of these designated standards on GOV.UK.

Transitional provision for CE marked products already placed on the UK market1

Under the terms of the Withdrawal Agreement, goods lawfully marked with the CE mark and placed on the EU market before the end of the transition period can continue to circulate until they reach their end user, whether they are in the UK or the EU.

This includes requirements that they:

  • are covered by a harmonised European standard, which is the same as a UK designated standard (as noted above)
  • are affixed with CE marking
  • are accompanied by a manufacturer’s declaration of performance
  • have been assessed by an EU-recognised notified body, where third party assessment is required.

It will be up to any economic operator, relying on this provision, to prove that the goods were circulated on the market before the end of the transition period.

UK ‘Approved Bodies’

From 1 January 2021, UK notified bodies operating under the EU Construction Products Regulation 2011 (EU Regulation No. 305/2011) and based in the UK were granted new UK ‘approved body’ status and listed in a new UK database (the UK Market Conformity Assessment Bodies database). Notified bodies established in the UK were contacted in December 2020 with further details on their approved body status.

Approved bodies are able to undertake conformity assessment activity for UK designated standards. Where an approved body has undertaken the assessment, the manufacturer (or their authorised representative) must affix the UK marking. Rules around affixing the UK marking are broadly equivalent to current CE marking but conformity assessment must be undertaken by a UK approved body. Further updated details on using the UK marking and the status of CABs can be found on the GOV.UK website. See Annex A.

Where a UK notified body (which became a UK approved body) had carried out tasks or issued certification in relation to the Assessment and Verification of Performance (AVCP) for a product before 1 January 2021, then those tasks and/or that certification may be used to support affixing of the UK marking if the product is supplied to the GB market after this date. For products subject to AVCP System 3 testing, the UK mark may be affixed on the basis of testing conducted by an EU recognised notified body for the purpose of CE marking where this testing was done before 31 December 2022.

Accepted markings for the GB market

Your goods may require different markings for different markets. The table below illustrates the accepted markings for the GB market.

Type of good Accepted marking or combination of markings*
Supplying goods (which are not qualifying Northern Ireland goods) to the market in Great Britain  
Construction product being supplied to the GB market until the end of 2022 UKCA or CE or CE & UK(NI)
Construction product supplied to the GB market from 1 January 2023 UKCA
Supplying qualifying Northern Ireland goods to the market in Great Britain (unfettered access)  
Construction product which is a qualifying Northern Ireland good being supplied to the GB market under unfettered access provisions from January 2023 CE or CE & UK(NI)

*You may use combinations of the product markings listed in each box and your goods may be acceptable with more than one marking. This is the UK’s position and it will be for the EU to determine the arrangements that apply for supplying goods to the EU market.

Market surveillance

The UK has powers to carry out market surveillance and enforcement (Trading Standards in GB and district councils in NI) to ensure that non-compliant products can be removed from the UK market. The government is developing UK databases to support this work.

Actions for businesses and other stakeholders

Suppying construction products to the GB market

Businesses must prepare for the end of recognition of the CE mark in GB and affix the UK marking by complying with all relevant requirements under the Construction Products Regulation 2011 as retained in UK law.

To provide sufficient time for businesses to transition to the new requirements, up until 1 January 2023, products can continue to be supplied to the GB market without any need for reassessment or re-marking if EU requirements are met (including CE marking). To affix a CE mark, any third-party conformity assessment must continue to be carried out by an EU-recognised notified body during this time. In addition, products that meet NI rules (including CE marking or CE UK(NI) marking) can be supplied to the GB market. Businesses should prepare for these provisions to end on 1 January 2023. Products already in circulation on the 1 January 2023 will be able to continue until they reach their end user. It will be for an economic operator relying on these provisions to prove that they were in circulation before this date.

Products that bear the UK mark must meet UK requirements, including that third-party assessments have been carried out by a UK approved body. Where a product has already been tested by an EU-recognised notified body to meet the requirements of AVCP System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.UK-based notified bodies have become UK approved bodies and are now listed on UKMCAB (see Annex A).

GB economic operators - whether manufacturers, importers, distributors or authorised representatives - should consider taking professional advice to make sure that they understand their status and obligations under the new GB regulatory framework.

Annex A: UK Approved bodies

Former UK notified bodies operating under the UK CPR regime became UK ‘approved bodies’ on 1 January 2021.

UK approved bodies are now listed on the UKMCAB database, and have a 4-digit approved body number, which is the same as their previous notified body number, where applicable. The link to the database can be found at UKMCAB database

The United Kingdom Accreditation Service (UKAS) continues to be the UK’s national accreditation body for accrediting UK approved bodies under the UK Construction Products Regulation.

Annex B: Authorised representatives

To minimise disruption after 31 December 2020, where a manufacturer has issued a written mandate to an existing authorised representative based in an EU country, that authorised representative will continue to be recognised in the UK until 1 January 2023.

However, new authorised representatives will need to be established in the UK to be recognised under UK law after this date.

Actions for businesses and other stakeholders

Manufacturers wishing to appoint a new authorised representative to carry out tasks on their behalf in GB will need to appoint a representative established in the UK.

Annex C: Technical assessment bodies

UK-based technical assessment bodies became ‘UK technical assessment bodies’ on 1 January 2021, and are listed on the UKMCAB database.

UK technical assessment bodies will now be able to carry out the technical assessment of construction products for the GB market. The products may then be affixed with UK marking.

Technical assessment bodies will be responsible for drawing up and adopting UK assessment documents. (The UK technical assessment bodies may collectively form an organisation to undertake the role of developing and adopting assessment documents.)

Implications

UK-based technical assessment bodies will be able to draw up UK assessment documents for manufacturers supplying goods to the GB market. This will allow manufacturers to obtain a voluntary UK mark for their products.

UK technical assessment bodies may use a European assessment document that was adopted before the UK left the EU to develop a UK assessment document if they have obtained the necessary consent to do so from the European Organisation for Technical Assessment.

Manufacturers wanting to affix CE marking using a European technical assessment after the end of the transition period should refer to EU guidance.

To minimise disruption, until the 1 January 2023, products can continue to be supplied to the UK market if EU requirements are met (including CE marking). Businesses must prepare for this provision to end on 1 January 2023. Products which are already in circulation can continue until they reach their end user. It will be for an economic operator relying on these provisions to show that the product was in circulation before this date.

Frequently asked questions

1. What do I need to do to supply a good to the GB market?

Businesses must prepare for the end of recognition of the CE mark in GB, ensure they are using a UK-recognised ‘approved body’ for testing and certification for all products supplied to the GB market, and affix the UK mark to their products.

Where a product has already been tested by an EU-recognised notified body to meet the requirements of AVCP System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.

Until then, in GB both the UK marking and the CE marking will be recognised. Manufacturers will either need to:

  • affix the UK marking using a UK-recognised ‘approved body’, or
  • affix the CE marking with UK(NI) indication using a UK-recognised ‘approved body’, or
  • affix the CE marking using an EU-recognised ‘notified body’.

Where no third-party conformity assessment is required (AVCP system 4) the manufacturer can choose whether to affix the UK marking or, until the 1 January 2023, the CE marking, provided that the underlying requirements are met. From 1 January 2023, the UK marking must be used.

2. What do I need to do to place a product on the EU market after the end of the transition period?

It is for the EU to determine the arrangements that apply. Further information on current arrangements can be found at the EU Commission website.

3. If I am supplying goods from the EU on to the GB market, will my obligations be affected?

If you supply products from the EU on to the GB market you will, in most cases, now be classified as an ‘importer’ bringing in products to GB from a third country. There will be a requirement:

  • for importers to label their products with their name and address
  • to ensure that the assessment and verification of constancy of performance (AVCP) requirements has been carried out by the manufacturer
  • that the product bears the conformity marking
  • that the manufacturer has complied with their labelling obligations.

In addition, importers must not supply products to the GB market if they have reason to believe that the product does not comply with the applicable requirements of the UK Construction Products Regulations as retained in UK law, and as it applies in GB.

Businesses must also prepare for the end of recognition of the CE mark on the 1 January 2023 for products being supplied to the GB market which are not already in circulation.

4. Will manufacturers need to test products twice to sell on GB and EU markets?

Businesses must prepare for the end of recognition of the CE mark in GB, ensure they are using a UK-recognised ‘approved body’ for testing and certification for all products supplied to the GB market, and affix the UK mark to their products.

In GB both the UK marking and the CE marking are currently recognised. Currently manufacturers can:

  • affix the UK marking using a UK-recognised ‘approved body’ or
  • affix the CE marking with UK(NI) indication using a UK-recognised ‘approved body’, or
  • affix the CE marking using an EU-recognised ‘notified body’.

The EU have indicated they will only recognise the CE marking.

From 1 January 2023, businesses must affix the UK marking to supply products to the GB market.

Where a product has already been tested by an EU-recognised notified body to meet the requirements of AVCP System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.

5. Can I still use certificates from EU-recognised notified bodies for products supplied on the GB market?

Businesses must prepare for the end of recognition of the CE mark in GB, ensure they are using a UK-recognised ‘approved body’ for testing and certification for all products supplied to the GB market, and affix the UKCA mark to their products.

Until 1 January 2023, the CE marking can be affixed where any third-party conformity assessment has been undertaken by an EU-recognised notified body. Goods lawfully marked with the CE mark and placed on the GB market before 1 January 2023 can continue to circulate until they reach their end user. It will be for any economic operator relying on these provisions to show their product was in circulation before this date.

After the 1 January 2023, where a product has already been tested by an EU-recognised notified body to meet the requirements of AVCP System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.

6. Can an EU-recognised notified body certificate be used to enable a manufacturer to affix the UK marking?

Where CE marking has been legitimately affixed, the product can continue to be supplied to the GB market until 1 January 2023. There is no need to affix UK marking in addition to CE marking. After this date, the UK mark must be affixed.

After the 1 January 2023, where a product has already been tested by an EU-recognised notified body to meet the requirements of AVCP System 3 before 31 December 2022 it will not need to be re-tested before the UK mark can be affixed.

7. Will manufacturers supplying products to GB and the EU be required to issue two Declarations of Performance for the same product?

If you decide to affix both the UK mark and CE mark to your product for the UK market, you will need valid Declarations of Performance that meet both the GB and EU CPR regimes’ requirements.

8. How long will GB continue to accept CE marked products?

Businesses must prepare for recognition of the CE mark in GB to end on 1 January 2023. After we have legislated to end recognition of the CE mark in GB, products supplied to the market in GB must bear a UK mark. Products which are in circulation before this date can continue until they reach their end user. It will be for an economic operator relying on these provisions to demonstrate that their products were in circulation before this date.

9. What is meant in the Regulations by ‘place on the market’ and ‘making a product available on the market’?

References in the GB regime to ‘the market’ now mean the Great Britain market, rather than meaning the EU market. Apart from that, these definitions are unchanged and so operators do not need to change their approach in this regard. See Article 2 in Regulation (EU) No 305/2011 for more information.

‘Placing on the market’ means the first making available of a construction product on the GB market.

‘Making available on the market’ means any supply of a construction product for distribution or use on the GB market in the course of a commercial activity, whether in return for payment or free of charge.

Footnotes

1 ‘Placing on the market’ means the first making available of a construction product on the GB market. ‘Making available on the market’ means any supply of a construction product for distribution or use on the GB market in the course of a commercial activity, whether in return for payment or free of charge.

Published 1 September 2020
Last updated 20 June 2022 + show all updates
  1. Guidance has been amended to reflect the government’s intention to recognise historic test certificate for products under AVCP System 3. It includes clarification on the deadline for historic test certificate and conditions that make the given certificate valid.

  2. Guidance has been amended to refer to the new end-date for recognition of the CE mark in Great Britain (1 January 2023), and include clarification regarding the need for additional legislation to end recognition of the CE mark.

  3. First published.