Government extends CE mark recognition period for construction products

The Government tabled legislation in March 2019, which came into effect on 1 January 2021 in order to make arrangements for the regulation of construction products following Brexit. Since then, the Government has made further changes to take into account the effect of the Withdrawal Agreement in addition to the Northern Ireland Protocol. Those changes also came into effect on 1 January last year.

The changes which were made in March 2019 now apply in England, Wales and Scotland only. The regime in Northern Ireland matches the European Union’s requirements for construction products.

To affix the UK marking, businesses must comply with all relevant requirements under the Construction Products Regulation 2011 as retained in UK law. Until 30 June 2025, products can continue to be supplied to the Great Britain construction products market without any need for reassessment or re-marking if European Union requirements are met (including CE marking).

When it comes to affixing a CE mark, any third party conformity assessment must continue to be carried out by a European Union-recognised notified body during this time. In addition, products that meet the Northern Ireland rules – including for CE marking or CE UK(NI) marking – can be supplied to the Great Britain construction market. The Government is now signposting that these businesses should prepare for these provisions to end on 30 June 2025.

Third party assessments

Products that bear the UK mark must meet UK requirements, including that third party assessments have been carried out by a UK approved body.

In order to use the UK mark (also known as the UKCA mark), businesses must ensure they are using a UK approved body for testing and certification for all products supplied to the Great Britain construction market, which are covered by a designated standard or conform to a UK technical assessment issued for that product.

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 information is available online at GOV.UK