Retained EU Law 2011 United Kingdom

Regulation (EU) No 305/2011 (Construction Products Regulation)

What this means for your business

29 obligations
4 penalties
3 guides
Applies to
United Kingdom
On this page
29 compliance obligations, 3 practical guides
Read full text on legislation.gov.uk

What you must do

29 compliance obligations under this legislation.

Appointments 1

Appoint and manage an authorised representative for your construction products

If you manufacture construction products, you must appoint an authorised representative in writing. That representative must keep your declaration of performance and technical files available for authorities, supply any information they request, and work with them to remove any risks. You need to keep evidence of the appointment and the representative’s activities.

Manufacturer/Importer s.12 HSE When you manufacture construction products covered by the Construction Products Regulation

Risk assessment 3

Assess and verify constancy of performance for construction products

If you manufacture a construction product you must check that it consistently meets the declared performance standards before you put it on the market. This means carrying out the required tests, factory‑production‑control checks and, where needed, involving an approved certification body, and then issuing a Declaration of Performance for each product type.

Manufacturer/Importer ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFOR HSE When you place a construction product on the UK market

Carry out product performance assessments and enforce corrective action

If your company is an approved (notified) body, you must assess construction products’ performance according to the rules in Annex V and do so transparently and proportionately. If a manufacturer’s product does not consistently meet the required performance, you must tell them to fix it and you may have to suspend or withdraw any certificate you have issued.

Employer s.52 HSE When providing third‑party conformity assessment for construction products under the CPR

Prepare UK Assessment Document for construction products

If you manufacture a construction product that needs a UK assessment, you must create a UK Assessment Document. It must describe the product, list the essential characteristics for its intended use, set out how performance will be tested, and include factory production control details, using any existing approved methods where possible.

Manufacturer/Importer s.24 HSE When you place a construction product on the UK market that requires …

Management duties 17

Affix the UK marking to construction products before sale

Unlimited fine

You must put the UK marking on every construction product (or on its label, packaging or accompanying documents if the product itself cannot carry it) before it is placed on the market. The marking has to be clear, permanent and include the year, your name and address, product‑type code, performance reference, class, technical specification, approved‑body number and intended use. You can also add any required risk pictograms.

Manufacturer/Importer s.9 HSE When you place a construction product on the market

Affix UK marking only with a valid Declaration of Performance

If you manufacture construction products, you must first produce a Declaration of Performance (DoP) that meets the required standards. Only then may you (or your authorised representative) attach the UK marking to the product. You must not apply the marking on any product that does not have a DoP, and you remain responsible for the product’s compliance.

Manufacturer/Importer s.8 HSE When you have a construction product and have drawn up a Declaration …

Carry out assessments and cooperate with other TABs

If your company is a Technical Assessment Body (TAB), you must assess construction products in the product area you have been designated for and issue the UK Technical Assessment. You also need to work with other TABs to develop assessment documents, report any TAB that is not doing its job to the Secretary of State, share best practice with peers, and publish your organisational chart and the names of your decision‑making members.

Any Person s.30 HSE If your business is a designated Technical Assessment Body (TAB) for a …

Comply with manufacturer duties when importing or re‑branding products

Unlimited fine

If you import or distribute a construction product and sell it under your own name or you make changes that could affect its declared performance, you must meet the same responsibilities as the product's manufacturer. This means you need to ensure the product is CE‑marked, have a valid Declaration of Performance and keep the required technical documentation before it reaches the market.

Manufacturer/Importer s.15 HSE When you place a construction product on the market under your own …

Coordinate with other TABs and stakeholders

If your company is acting as a Technical Assessment Body (TAB) for construction products, you must set up arrangements to work together with other TABs and, where needed, consult other interested parties. You may also create a separate UK‑based organisation to help with this coordination and delegate certain assessment functions to it.

Any Person s.31 HSE Your business is designated as a Technical Assessment Body (TAB) under the …

Correct marking, performance declaration and documentation for construction products

If a market‑surveillance authority tells you that your construction product’s UK marking, Declaration of Performance or technical file is missing or incorrect, you must fix the problem. This means affixing the correct marking, producing a valid DoP and ensuring the full technical documentation is available. Failure to do so can lead to the product being blocked, recalled or withdrawn from the market.

Manufacturer/Importer s.59 HSE When a market surveillance authority identifies formal non‑compliance with UK marking, DoP …

Ensure construction products comply with UK marking and performance rules

Unlimited fine

As a manufacturer you must produce and keep a Declaration of Performance and the supporting technical file for every construction product you sell, affix the UK marking and provide clear identification, contact details and English safety instructions. You also need to monitor production to keep performance consistent, keep records for 10 years, and act quickly to correct, recall or report any product that does not meet the declared performance.

Manufacturer/Importer s.11 HSE when you place a construction product on the UK market

Ensure construction works meet basic safety and performance requirements

You must make sure any building or structure you design, build, sell or maintain is safe and fit for its intended use throughout its life. This includes preventing collapse, limiting fire spread, protecting health, providing accessibility, controlling noise, using energy efficiently and using sustainable resources. You need to plan, check and keep records that prove the work meets these standards.

Designer BASIC REQUIREMENTS FOR CONSTRUCTION WORKS HSE

Ensure correct CE marking, performance declaration and technical documents

Unlimited fine

If you manufacture, import or sell construction products, you must attach the CE mark (or CE + UK(NI) where the rule applies) exactly as the regulation requires, produce a correct Declaration of Performance and keep a complete technical file. If a market‑surveillance authority finds any of these are missing or wrong, you must stop the breach straight away, otherwise the product can be withdrawn from the market and you may face enforcement action.

Manufacturer/Importer Formal non-compliance in relation to the EU Constr HSE When you place a construction product on the UK market

Ensure distributed construction products comply with UK marking and performance rules

If your business supplies construction products, you must make sure each product carries the UK marking, comes with the required English documentation, and meets the declared performance. You also need to check that the manufacturer and importer have fulfilled their duties, keep the product safe during storage and transport, and act quickly to correct or withdraw any non‑conforming items, notifying the maker and the authorities when there is a risk.

Trader/Business s.14 HSE

Ensure imported construction products comply with the Regulation

If you import construction products for sale in Great Britain, you must only place on the market those that meet the Construction Products Regulation. This means checking the manufacturer’s assessment and Declaration of Performance, using the UK mark, providing English instructions, labelling the product with your contact details, keeping the product safe during storage and transport, carrying out sample testing, recording complaints or recalls, and taking corrective action or withdrawing non‑conforming items. You also have to keep the declaration and technical files available for authorities and cooperate with any investigations.

Trader/Business s.13 HSE When you import and place construction products on the Great Britain market

Ensure subcontractors/subsidiaries meet approval standards and keep records

If your company is an approved body and you outsource any part of the product‑assessment work, you must make sure the subcontractor or subsidiary complies with the same requirements as you do, tell the Secretary of State about it, remain fully responsible for the work they do, only subcontract with the client’s consent, and keep the relevant qualification and performance records on hand for inspection.

Trader/Business s.45 HSE When you subcontract specific assessment tasks or use a subsidiary in the …

Meet the organisational requirements when acting as an approved assessor

If your company is appointed by the Secretary of State (or by a delegated authority) to carry out third‑party assessment, approval or monitoring of construction products, you must run that activity in a way that avoids conflicts of interest, keeps decisions impartial, does not compete with the bodies you assess, protects confidential information, has enough qualified staff and holds appropriate liability cover.

Any Person s.40 HSE When your business is appointed by the Secretary of State (or a …

Meet the requirements to operate as an approved body

If your company provides third‑party assessment or certification of construction products, you must satisfy a set of organisational and independence rules. You need to be a legally‑incorporated UK (or CPTPP) entity, keep a clear separation from the products you assess, have competent staff, maintain impartiality, hold liability insurance and protect confidential information.

Any Person s.43 HSE When your business acts as an approved body for construction product assessment …

Participate in the approved bodies coordination group

If your company is an approved body under the Construction Products Regulation, you must take part in the coordination group set up by the Secretary of State. This means sending a representative to the group’s meetings or making sure your appointed representative is kept informed of the group’s work.

Any Person s.55 HSE If your business is an approved body under the Construction Products Regulation

Prepare a complete Declaration of Performance for each construction product

If you make or place a construction product on the UK market, you must produce a Declaration of Performance (DoP). The DoP must detail the product’s essential characteristics, the standards or UK Technical Assessment used, the intended uses, and the performance levels, and it must follow the template set out in Annex III. You also need to attach any required REACH information and other technical documentation.

Manufacturer/Importer s.6 HSE When you manufacture or place a construction product on the market

Provide a Declaration of Performance for construction products

If you manufacture a construction product that meets a designated EU standard or a UK Technical Assessment, you must create a Declaration of Performance (DoP) before you put the product on the market. The DoP must contain all the essential performance characteristics and you are legally responsible for the accuracy of the information it contains.

Manufacturer/Importer s.4 HSE When a product is covered by a designated standard or UK Technical …

Notifications 1

Inform manufacturer and Secretary of State about UK Technical Assessment request

If your company is acting as a Technical Assessment Body (TAB) and you receive a request for a UK Technical Assessment, you must tell the product manufacturer whether the product is covered by a harmonised technical specification. Where the product is covered by a UK Assessment Document or not covered at all, you also have to notify the Secretary of State of the request details and any related decision (or the fact that no decision exists). This ensures the correct assessment route is followed.

Trader/Business s.21 HSE When your organisation receives a request for a UK Technical Assessment

Record keeping 1

Provide a Declaration of Performance with every construction product

Whenever you place a construction product on the market you must give the customer a copy of its Declaration of Performance (DoP). The DoP can be paper or electronic, must be in English, and you must keep it available for the period required by the regulation (e.g., on your website). If a customer asks for a paper copy you must provide one.

Manufacturer/Importer s.7 HSE when you supply a construction product to a customer or place it …

Registration and licensing 1

Apply for approval as an authorised assessment body

If your company wants to be approved to carry out third‑party testing or verification of construction products, you must submit an application to the Secretary of State. The application must include details of the work you’ll do, the procedures you’ll use and, if you have one, an accreditation certificate. If you don’t have accreditation, you must provide other evidence that you meet the required standards.

Any Person s.47 HSE When you wish to become an approved body for third‑party assessment and …

Reporting and filing 5

Notify authorities and supply chain of EU non‑compliance and correct the product

If you have placed a construction product on the UK market using the EU Construction Products Regulation and later the EU regulator requires a corrective measure, recall or the product’s certificate is withdrawn, you must treat the product as non‑compliant in the UK. You need to inform the UK market‑surveillance authority and any importers or distributors, and carry out the corrective actions (including withdrawal or recall) that the EU rules impose.

Manufacturer/Importer Other non-compliance in relation to the EU Constru HSE When, after the product is on the market, the EU Construction Products …

Provide details of your supply chain on request

If a market‑surveillance authority asks, you must tell them who supplied you with a construction product and who you supplied it to. This means you need to keep clear records of your suppliers and customers and be ready to share that information when asked.

Manufacturer/Importer s.16 HSE When a market‑surveillance authority requests it, during the period set out in …

Report certificate changes and assessment requests to the Secretary of State

If your company is an approved body under the Construction Products Regulation, you must tell the UK Secretary of State whenever you refuse, restrict, suspend or withdraw a product certificate, when anything changes to the scope or conditions of your approval, when you receive information requests from market‑surveillance authorities, or when another approved body asks for details of third‑party assessment work you carry out. You also need to share negative (and, if asked, positive) assessment results with other approved bodies for the same product specifications.

Any Person s.53 HSE Whenever a certificate is refused, restricted, suspended or withdrawn; the scope/conditions of …

Submit UK Assessment Document to the Secretary of State

If your company acts as a Technical Assessment Body and finalises a UK Assessment Document for a construction product, you must forward a copy of that document to the Secretary of State. This ensures the document is publicly listed and can be accessed by anyone who needs it.

Any Person s.22 HSE When your business adopts (finalises) a UK Assessment Document

Submit unresolved TAB disputes to the Secretary of State

If the technical assessment bodies you work with cannot agree on a UK Assessment Document within the set deadline, the responsible body must raise the issue to the Secretary of State for a decision. In practice, you need a procedure to forward the dispute to the government once the time limit has passed.

Any Person s.23 HSE Disagreement between TABs on a UK Assessment Document persists beyond the prescribed …

Penalties for non-compliance

4 penalties under this legislation. 4 carry an unlimited fine.

Unlimited fine

Affix the UK marking to construction products before sale

Unlimited fine

s.9 Penalises: Affix the UK marking to construction products before …
Unlimited fine

Comply with manufacturer duties when importing or re‑branding products

Unlimited fine

s.15 Penalises: Comply with manufacturer duties when importing or re‑branding …
Unlimited fine

Ensure construction products comply with UK marking and performance rules

Unlimited fine

s.11 Penalises: Ensure construction products comply with UK marking and …
Unlimited fine

Ensure correct CE marking, performance declaration and technical documents

Unlimited fine

Formal non-compliance in relation to the EU Constr Penalises: Ensure correct CE marking, performance declaration and technical …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

82 classified provisions from this legislation.

Duties 31

  • s.4 Declaration of performance
  • s.6 Content of the declaration of performance
  • s.7 Supply of the declaration of performance
  • s.8 Use of UK marking the UK marking
  • s.9 Rules and conditions for the affixing of UK marking
  • s.11 Obligations of manufacturers action taken
  • s.12 Authorised representatives action taken
  • s.13 Obligations of importers action taken
  • s.14 Obligations of distributors action taken
  • s.15 Cases in which obligations of manufacturers apply to importers and distributors
  • s.16 Identification of economic operators economic operator
  • s.21 Obligations of the TAB receiving a request for a UK Technical Assessment necessary consent
  • s.22 Publication changes
  • s.23 Dispute resolution in cases of disagreement between TABs
  • s.24 Content of the UK Assessment Document
  • s.30 Requirements for TABs
  • s.31 Coordination of TABs
  • s.40 Assessment, approval and monitoring of approved bodies decision relating
  • s.43 Requirements for approved bodies
  • s.45 Subsidiaries and subcontractors of approved bodies it
  • ... and 11 more duties

Powers 17

  • s.2 Definitions
  • s.3 Basic requirements for construction works and essential characteristics of construction products
  • s.19 UK Assessment Document
  • s.25 Formal objections against UK Assessment Documents
  • s.27 Levels or classes of performance
  • s.28 Assessment and verification of constancy of performance
  • s.29 Designation, monitoring and evaluation of TABs
  • s.32 Financing
  • s.46 Use of facilities outside the testing laboratory of the approved body
  • s.48 Approval procedure
  • s.56 Procedure to deal ... with construction products presenting a risk
  • s.58 Complying construction products which nevertheless present a risk to health and safety
  • s.60 Regulations
  • Designated standards Designated standards
  • Objection to a designated standard Objection to a designated standard
  • PROCEDURE FOR ADOPTING A UK ASSESSMENT DOCUMENT PROCEDURE FOR ADOPTING A UK ASSESSMENT DOCUMENT
  • Standardisation mandate Standardisation mandate

Definitions 1

  • Approved bodies Approved bodies

Exemptions 6

  • s.5 Derogations from drawing up a declaration of performance
  • s.36 Use of Appropriate Technical Documentation
  • s.37 Use of simplified procedures by micro-enterprises
  • s.38 Other simplified procedures
  • Obligations on a distributor which are met by comp Obligations on a distributor which are met by complying with obligations in the EU Construction Products Regulation
  • Obligations on an importer which are met by comply Obligations on an importer which are met by complying with obligations in the EU Construction Products Regulation