Brexit's and construction product regulations

How Brexit will impact on construction product regulations: How you can prepare for Brexit

Chandru Dissanayeke

Director, Building Safety Programme

Ministry of Housing, Communities and Local Government

This month we will leave the European Union, and for those with an interest in the construction products sector, it is important that your members and those across the construction sector know what will be changing following Brexit.

The Government has taken steps to make the transition as smooth as possible. We also continue to engage with the sector.

We recently published updated guidance setting out actions that manufacturers and notified bodies need to take whether we leave the EU with, or without, a deal after 31 October. It provides information for UK-based firms that sell construction products in the UK and for those that export or may want to export their construction products to the EU after we leave the bloc.

Here’s a reminder of what the guidance means for these two groups:

UK manufacturers operating within the UK

Should we leave the EU without a deal we have published legislation that mirrors the current EU Construction Product Regulations 2011. All existing European harmonised standards will become UK ‘designated standards’ ensuring that there will be no change in the standards required for products imported from the EU.

However, from October 31, we will introduce a new ‘UKCA’ marking.

The UKCA mark will be provided by UK-based notified bodies – replacing the CE marking for UK conformity assessed products in the UK. Goods with CE marking will continue to be recognised in the UK for now, as long as manufacturers have complied with EU requirements.

UK manufacturers exporting to the EU

For those exporting construction products to the EU or have plans to trade with the bloc after the UK exits, there will also be changes.

If we leave without a deal, the European Commission has said that products assessed by UK notified bodies will no longer be able to display the CE mark. To continue to export their product, one of the following actions must be taken:

• The manufacturer re-tests their product through an EU-27 notified body.
• The UK notified body transfers the existing certificate to an EU notified body.

For further information on the processes, businesses can still apply to attend of the Government’s Brexit Business Readiness Events in their area, check the guidance on GOV.UK or contact their trade association.