The regulation of construction products in the UK — 2022
Produced in partnership with Katherine Metcalfe of Pinsent Masons and Louise Mansfield of Pinsent Masons
Last updated on 11/08/2022

The following Construction practice note produced in partnership with Katherine Metcalfe of Pinsent Masons and Louise Mansfield of Pinsent Masons provides comprehensive and up to date legal information covering:

  • The regulation of construction products in the UK
  • Why are construction products regulated?
  • What sort of products are affected?
  • Key definitions
  • Placing on the market
  • Making available on the market
  • Harmonised European product standard
  • Essential characteristics
  • Technical Assessment
  • Economic Operator
  • More...

The regulation of construction products in the UK

Why are construction products regulated?

Construction products are regulated to:

  1. Ensure that a product being placed on the market complies with all legislative requirements, and

  2. Promote confidence in consumers, public authorities, and manufacturers regarding the conformity of products

What sort of products are affected?

Construction products are 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’.

Key definitions

Placing on the market

‘“Placing on the market” means the first making available of a construction product on the GB market’ as defined by UK government guidance.

Making available on the market

‘“Making available on the market” means any supply of a construction product for distribution or use on the GB market in the course of a commercial activity, whether in return for payment or free of charge’ as defined by UK government guidance.

Harmonised European product standard

The EU Construction Products Regulation 305/2011, Art 2(11) (the ‘EU Construction Products Regulation’) states Harmonised standard ‘means a standard adopted by one of the European standardisation bodies…in accordance with Article 6 of that Directive’.

Essential characteristics

EU Construction Products Regulation Article 2(4) states essential characteristics ‘means those characteristics of the construction product which

Related documents:
Key definition:
Requirements definition
What does Requirements mean?

A DCO should include “Requirements” to which the development authorised by the DCO is to be subject. Similar to planning conditions, a requirement specifies the matters for which detailed approval needs to be obtained before the development can be lawfully begin.

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