What is it called?

The Construction Products Regulation (EU) No. 305/2011 (also known as the “CPR”).

What is it about?

The CPR aims to ensure that any product used in the construction of a building or civil engineering works is safe and meets certain performance requirements. It sets out conditions for assessing the performance of construction products, and for affixing the CE mark. The key obligations for professionals involved in the design, manufacture and supply of construction products are:

  • To ensure that construction products are designed and manufactured to comply with the performance requirements set out in the CPR;
  • Draw up a Declaration of Performance for any construction product covered by a harmonised standard or a European Technical Assessment, including certain prescribed information;
  • To draw up and maintain technical documentation and the Declaration of Performance for 10 years after the construction product is placed on the market;
  • To ensure that construction products are CE marked (where required) and accompanied by the required documentation;
  • To take necessary corrective measures where they consider or have reason to believe that construction products are not in conformity with the Declaration of Performance or other requirements of the CPR.

Any professional in the supply chain who becomes aware that a construction product they have placed on the market is not in conformity with the Declaration of Performance or otherwise does not comply with the requirements of the CPR must immediately take corrective action and, if the product presents a risk, report this to the competent national authorities.

Who and what does it apply to?

The CPR applies to “construction products”, which is defined as “any product or kit which is produced and placed on the market for incorporation in a permanent manner in construction works or parts thereof and the performance of which has an effect on the performance of the construction works with respect to the basic requirements for construction works.”

Breaking this down:

  • The product is ‘placed on the market’ in the EU;
  • The product must be for incorporation ‘in a permanent manner’ into construction works; and
  • The product must have an effect on the performance of the construction works with respect to the basic requirements for construction works

This means that products such as scaffolding or sheeting, which are not designed to be permanent, are not within the scope of the CPR.

Why does it matter?

The CPR sets out detailed requirements for the assessment of construction products, and it is essential that any manufacturers or other product safety professionals ensure their products comply with these requirements. The definition of “construction product” is broad, meaning that many products can be considered to fall within its scope.

The European Commission is currently reviewing the CPR as part of the European Green Deal. The public consultation on the new proposal ended in July 2022, and at the time of writing the results have not yet been published.

Where can I find it?

A consolidated version of the legislation can be found here.

Is there any guidance?

The European Commission has published a video guide to the CE marking of construction products and a set of FAQs to accompany the legislation.

The UK Government has also published guidance to assist manufacturers of construction products with the transition post-Brexit, which can be found here.

Posted by Cooley