Construction product regulations post-Brexit

Blog by Chandru Dissanayeke, Director of Building Safety Reform, Building Safety Programme, Ministry of Housing, Communities and Local Government

With 31 October fast approaching, it’s important that if you work in the construction products sector, you are fully aware of what you need to do to ensure you and your company are ready for Brexit.

The Government recently published updated guidance setting out actions manufacturers and notified bodies need to take whether we leave the EU with, or without, a deal.

This guidance focuses on UK-based firms that manufacture and sell within the UK construction product market and UK-based manufacturers that export or want to export their products to the EU after 31 October.

UK-based manufacturers working and trading in the UK construction product market

If you trade in the UK, we have published legislation which would apply in the event of a ‘no deal’ Brexit. This legislation mirrors the EU Construction Product Regulations 2011.

All existing European ‘harmonised standards’ will become UK ‘designated standards’, so there will be no change to the standards required for products imported from the EU.

After 31 October, UK-based notified bodies will assign a new ‘UKCA’ marking for products aimed at the UK market, replacing the CE marking.

We will continue to recognise goods with the CE marking for a time-limited period, however, as long as manufacturers have complied with EU requirements. We will consult with industry on a new process for the longer term.

UK manufacturers exporting to the EU market

There will be changes if you currently export your construction products to Europe or have plans to trade with the bloc after 31 October.

If we leave without a deal, the European Commission will determine the arrangements for products on the EU market.

The Commission has also said that if leave without a deal, UK notified bodies will no longer be able to apply CE markings on products intended for Europe and will be removed from the New Approach Notified and Designated Organisations database (NANDO).

As a result of this, the CE marking may not be attached by manufacturers using UK approved bodies and the UKCA marking will not be recognised for exporting to the EU.

This means that even if your product currently bears the CE mark, if it was approved by a UK notified body, you will not be able to export your product to the EU after October 31 unless you take action now.

You have two options:

  • Get your product re-tested by an EU-27 notified body (you can use the NANDO database to find an EU notified body)
  • Contact your UK notified body to arrange a transfer of your current certificate from the UK body to an EU notified body

In any case, we would recommend talking to your UK notified body for advice to progress this quickly. 

For further information on any of these processes, you can apply to attend one of the Government’s Brexit Business Readiness Events in your area here, check the guidance on GOV.UK or contact your trade association.

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