Retained EU Law SI 2011 United Kingdom

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

Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC (Text with EEA relevance)

Enforced by
OPSS
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 4 of 50 obligations carry an unlimited fine. 46 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer21 Any Person10 Operator4 Conformity Assessment Body3 Contractor1 Client1 Distributor1

Plus 9 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Any Person — also bound by 2340 other Acts
Operator — also bound by 746 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Contractor — also bound by 173 other Acts
Client — also bound by 62 other Acts
Distributor — also bound by 182 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

uri:annex/ii/division/1. uri:annex/ii/division/1. Regulated
  • Submit a technical file to the TAB when requesting a UK Technical AssessmentManufacturer
uri:annex/ii/division/2. uri:annex/ii/division/2. Regulated
  • Lead TAB must coordinate with other TABs on UK Assessment DocumentsAny Person
uri:annex/ii/division/3. uri:annex/ii/division/3. Regulated
Other duties (1) — Crown / regulator
  • TAB must agree work programme and start technical assessment within 2 monthsStatutory regulator
uri:annex/ii/division/4. uri:annex/ii/division/4. Regulated
  • Notify Secretary of State of UK Technical Assessment work programme within 3 monthsAny Person
uri:annex/ii/division/5. uri:annex/ii/division/5. Regulated
  • Finalise draft UK Assessment Document within 6 monthsAny Person
uri:annex/ii/division/7. uri:annex/ii/division/7. Regulated
  • Report UK Assessment Document delays to the Secretary of StateAny Person
uri:annex/ii/division/8. uri:annex/ii/division/8. Regulated
Other duties (1) — Crown / regulator
  • Responsible TAB must process manufacturer comments and adopt UK Assessment DocumentCrown / Minister / Government department
uri:annex/ii/division/9. uri:annex/ii/division/9. Regulated
Other duties (1) — Crown / regulator
  • TAB must finalise UK Assessment Document and make it publicly availableStatutory regulator
uri:annex/v/division/1/division/1.1 uri:annex/v/division/1/division/1.1 Regulated
  • Carry out factory production control and product testingManufacturer
uri:annex/v/division/1/division/1.2 uri:annex/v/division/1/division/1.2 Regulated
  • Carry out factory production control and sample testingManufacturer
uri:annex/v/division/1/division/1.3 uri:annex/v/division/1/division/1.3 Regulated
  • Assess construction product performance and control factory productionManufacturer
uri:annex/v/division/1/division/1.4 uri:annex/v/division/1/division/1.4 Regulated
  • Carry out factory production controlManufacturer
uri:annex/v/division/1/division/1.5 uri:annex/v/division/1/division/1.5 Regulated
  • Assess construction product performance and control factory productionManufacturer
uri:annex/v/division/1/division/1.6 uri:annex/v/division/1/division/1.6 Regulated
  • Rely on UK Technical Assessment and do not duplicate listed conformity checksManufacturer
s.004 Declaration of performance (opens in a new tab) Regulated
  • Create a declaration of performance for construction productsManufacturer
s.006 Content of the declaration of performance (opens in a new tab) Regulated
  • Create a Declaration of Performance for construction productsManufacturer
s.007 Supply of the declaration of performance (opens in a new tab) Regulated
  • Supply a Declaration of Performance for construction productsManufacturer
s.008 Use of UK marking (opens in a new tab) Regulated
  • Affix UK marking to products with a declaration of performanceManufacturer
s.009 Rules and conditions for the affixing of UK marking (opens in a new tab) Prosecution
  • Correctly affix UK marking and manufacturer details to construction productsManufacturer

Unlimited fine

s.011 Obligations of manufacturers (opens in a new tab) Prosecution
  • Document, mark, and monitor construction product performanceManufacturer

Unlimited fine

s.012 Authorised representatives (opens in a new tab) Regulated
  • Set terms for your authorised representative in writingManufacturer
s.013 Obligations of importers (opens in a new tab) Regulated
  • Verify and document construction product compliance before importingManufacturer
s.014 Obligations of distributors (opens in a new tab) Regulated
  • Verify markings, documents, and safety info for construction productsDistributor
s.015 Cases in which obligations of manufacturers apply to importers and distributors (opens in a new tab) Prosecution
  • Assume manufacturer duties when rebranding or modifying productsManufacturer

Unlimited fine

s.016 Identification of economic operators (opens in a new tab) Regulated
  • Identify your construction product suppliers and customers upon requestOperator
s.020 Principles for the development and adoption of UK Assessment Documents (opens in a new tab) Regulated
  • TABs must develop UK Assessment Documents transparently and cost-effectivelyAny Person
s.021 Obligations of the TAB receiving a request for a UK Technical Assessment (opens in a new tab) Regulated
  • Technical Assessment Bodies must advise manufacturers on product certificationsManufacturer
s.022 Publication (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish list of UK Assessment DocumentsCrown / Minister / Government department
s.023 Dispute resolution in cases of disagreement between TABs (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must resolve disputes between Technical Assessment BodiesCrown / Minister / Government department
s.024 Content of the UK Assessment Document (opens in a new tab) Regulated
  • Ensure UK Assessment Documents contain required technical detailsManufacturer
s.026 UK Technical Assessment (opens in a new tab) Regulated
  • Manufacturers must obtain a UK Technical Assessment from a TABManufacturer
s.027 Levels or classes of performance (opens in a new tab) Regulated
  • Use only government-established classification systems for construction product performanceAny Person
s.030 Requirements for TABs (opens in a new tab) Regulated
  • Technical Assessment Bodies must meet performance and transparency requirementsAny Person
s.031 Coordination of TABs (opens in a new tab) Regulated
  • Technical Assessment Bodies must coordinate and may delegate functionsAny Person
s.040 Assessment, approval and monitoring of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must assess and monitor bodies certifying construction goodsCrown / Minister / Government department
s.043 Requirements for approved bodies (opens in a new tab) Regulated
  • Ensure your approved body meets technical and independence standardsConformity Assessment Body
s.045 Subsidiaries and subcontractors of approved bodies (opens in a new tab) Regulated
  • Ensure management and compliance of subcontractors and subsidiariesConformity Assessment Body
s.046 Use of facilities outside the testing laboratory of the approved body (opens in a new tab) Regulated
  • Verify test method requirements before using off-site testing facilitiesConformity Assessment Body
s.047 Application for approval (opens in a new tab) Regulated
  • Apply to the Secretary of State to become an approved construction testing bodyAny Person
s.049 Identification numbers and lists of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must maintain list of approved construction bodiesCrown / Minister / Government department
s.050 Changes to the approval (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must restrict, suspend or withdraw approval for non-complianceCrown / Minister / Government department
s.052 Operational obligations for approved bodies (opens in a new tab) Regulated
  • Approved bodies must assess product performance proportionately and rigorouslyContractor
s.053 Information obligations for approved bodies (opens in a new tab) Regulated
  • Approved bodies must report certification changes and share dataAny Person
s.055 Coordination of approved bodies (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must coordinate approved bodiesCrown / Minister / Government department
s.056 Procedure to deal ... with construction products presenting a risk (opens in a new tab) Regulated
  • Cooperate with authorities and take corrective action on risky productsOperator
s.059 Formal non-compliance (opens in a new tab) Regulated
  • Ensure construction products meet UK marking and documentation standardsOperator
s.annex i BASIC REQUIREMENTS FOR CONSTRUCTION WORKS Regulated
  • Ensure construction works meet all basic safety and performance requirementsClient
s.annex v ASSESSMENT AND VERIFICATION OF CONSTANCY OF PERFORMANCE Regulated
  • Assess and verify construction product performance constancyManufacturer
s.art059 Formal non-compliance in relation to the EU Construction Products Regulation Prosecution
  • Ensure construction products meet CE/UK(NI) marking and documentation rulesOperator

Unlimited fine

s.art059 Other non-compliance in relation to the EU Construction Products Regulation Regulated
  • Report and fix non-compliant construction products using EU certificationsManufacturer
54 other provisions — procedural and definitional
uri:annex/i/division/1 uri:annex/i/division/1
uri:annex/i/division/2 uri:annex/i/division/2
uri:annex/i/division/3 uri:annex/i/division/3
uri:annex/i/division/4 uri:annex/i/division/4
uri:annex/iii/division/10/division/2 uri:annex/iii/division/10/division/2
s.annex i para.1 Construction works as a whole and in their separate parts...
s.annex iv para.1 Table 1 — Product areas AREA CODE PRODUCT AREA 1...
s.annex iv para.2 Table 2 — Requirements for TABs Competence Description of competence...
s.approved bodies Approved bodies
s.declaration of performance DECLARATION OF PERFORMANCE
s.designated standards Designated standards
s.objection to a designated standard Objection to a designated standard
s.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
s.obligations on a manufacturer which are met by com Obligations on a manufacturer which are met by complying with obligations in the EU Construction Products Regulation
s.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
s.procedure for adopting a uk assessment document PROCEDURE FOR ADOPTING A UK ASSESSMENT DOCUMENT
s.product areas and requirements for tabs PRODUCT AREAS AND REQUIREMENTS FOR TABS
s.standardisation mandate Standardisation mandate

Help complying

Guvnor’s practical routes through this instrument.

8 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.