The government has this week published a statutory instrument relating to the Construction Products Regulation (CPR) for when the UK leaves the European Union.
What this means for the construction industry
Should Britain find itself in a no deal scenario after ‘Brexit day’ on 29 March 2019, the UK regime will, in accordance with product standards, continue to require manufacturers to declare the performance of their construction product when its placed on the UK market.
The key elements of this legislation are:
- Construction products already on the market can continue to circulate in the UK.
- Existing European harmonised standards will become UK ‘designated standards’ - meaning that immediately after Brexit day, both the UK and EU standards will be the same. Going forward, new UK standards will be decided by the Secretary of State.
- If a UK body has undertaken the third-party conformity assessment processes, as required by the UK ‘designated standard’, the manufacturer must add a new UK mark. Construction products which meet the harmonised European standard and have a ‘CE’ mark can continue to be sold in the UK without requiring re-testing or additional marking. The aim is to minimise disruption in the availability of goods in the UK. It’s planned that these arrangements will be for a limited period, with businesses being given sufficient warning before they come to an end.
- During the time-limited period, where the product marking is added on the basis of self-declaration, the manufacturer will be able to choose to use either the UK or CE mark (or both).
- For products not fully covered by a designated standard, there will be an optional route available to enable products to be UK marked.
The intention is to ensure that the Construction Products Regulation regime continues to operate effectively in the UK after Britain leaves the EU and to provide legal certainty should there be no deal.
If you have questions about this blog and would like to speak to someone about them, please contact our Clarion Construction Team.
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