G/TBT/N/GBR/45  
20 December 2021  
(21-9477) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED KINGDOM   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Department for Levelling Up, Housing and Communities  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if dif ferent from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2DY  
TBTEnquiriesUK@trade.gov.uk   
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Construction products as defined in regulation 3 of the draft regulations, i.e. any product 
or kit which is placed on the market for permanent incorporation in any construction 
works.  
5. Title, number of pages and language(s) of the notified document:  The 
Construction Products Regulations 2022 (55 page(s), in English)  
6. Description of content:  These regulations will be made under the Building Safety Bill 
(once it has received Royal Assent) and will extend the existing regulatory framework to 
cover all c onstruction products placed on the market in the UK.    
The existing regulatory framework for construction products, which derives from EU law, 
will remain in place for Great Britain (the EU regulatory regime for construction products 
will continue to apply  in Northern Ireland as per the Northern Ireland Protocol). The 
regulation of safety critical products and the requirement for construction products to be 
safe will be extended to Northern Ireland.  
The intention of these regulations is to require that construction products placed on the 
UK market are safe, and can be used safely. It will do this by placing obligations on 
economic operators in the supply chain, including to carry out a risk assessment , provide 
customer information and to take corrective measures where necessary.    
The Bill includes a power to create a statutory list of 'safety critical' construction 
product  standards  (where their failure would risk causing serious injury or death). The  
regulations set out that manufacturers will be required to complete a declaration of 
performance, put in place factory production controls and follow the specified system of 
assessment and verification of constancy of performance to ensure that the claime d G/TBT/N/GBR/45  
 
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  performance is consistently met. This will bring the regulation of these products in line 
with arrangements for products covered by the existing regulatory framework, including 
the affixation of a UKCA mark.  Other economic operators in the supply chain w ill have 
obligations placed on them to support compliance with these requirements.  
These regulations will strengthen the market surveillance and enforcement regime for 
construction products so that safety concerns can be identified and dealt with, and acti on 
can be taken against those who do not comply with the regulations. This includes powers 
to investigate, take civil action or prosecute economic operators for breaches in 
construction products regulations.    
7. Objective and rationale, including the nat ure of urgent problems where 
applicable:  Following the fatal fire at Grenfell Tower, it became apparent that many 
construction products do not fall under a regulatory framework. This means that 
regulators lack powers to act if certain products do not perfo rm in the way they are 
claimed to, or if they are unsafe. We want to make sure that construction products fall 
under a proportionate regulatory regime that protects the public effectively from products 
that are not safe. To be effective, our reforms must a chieve their objective to ensure that 
products are safe, and can be used safely, in a way that is proportionate to the risk posed 
by the product. That is why the most stringent requirements (which are equivalent to the 
existing regulatory regime), includin g providing clear and accurate performance 
information, undertaking third -party conformity assessment (where required) and affixing 
the UKCA marking, will fall only on construction products deemed to be safety critical, 
where their failure would risk causi ng serious injury or death. Other products which 
currently fall outside of clear regulatory requirements will be required to be safe before 
they can be placed on the market, aligning with the minimum standard required for 
consumer products. This broad outc ome-based requirement to assess safety risks, rather 
than requiring specific standards will ensure that the reformed regime will enable rather 
than restrict market access for innovative products. A new national regulator for 
construction products will more  effectively and proportionately enforce this reformed 
regulatory framework, improving the ability to remove non -compliant products from the 
market and to deter non -compliance. This will help to level the playing field between 
companies who follow best pra ctice and who comply with the law, and those that try to 
seek a competitive advantage through non -compliance.; Protection of human health or 
safety  
8. Relevant documents:   
The draft Construction Products Regulations:   
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachme
nt_dat a/file/1024841/DRAFT_construction_products_regulations_2022.pdf  
9. Proposed date of adoption:  Spring 2023  
Proposed date of entry into force:  Spring (April) 2024  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
Old Admiralty Building  
London  
SW1A 2 DY 
TBTEnquiriesUK@trade.gov.uk