Communication from the Republic of Ireland's Department of Housing Planning and Local Government

Communication regarding the construction products regulation and Brexit.

On 1 February 2019, the European Commission published Questions and Answers Related to the UK's Withdrawal from the European Union with Regard to Industrial ProductsThe document gives guidance in relation to Industrial Products in the event of the UK leaving the European Union without a ratified withdrawal agreement or ordered transition period. It relates to construction products covered by the Construction Products Regulation (EU) No 305/2011.

Manufacturers, distributors, importers and authorised representatives must comply with their obligations and responsibilities under Regulation (EU) 305/2011 when placing a construction product on the EU market.

The Commission’s previous publication Notice to Stakeholders – Withdrawal of the United Kingdom and EU Rules in the Field of Industrial Products dated 10 January 2018, confirmed that UK Notified Bodies will lose their status as EU Notified bodies when the UK leaves the EU.

That Notice stated that manufacturers, distributors, importers and authorised representatives of construction products will need to take the necessary steps to ensure that they hold certificates under the responsibility of an EU27 Notified Body to demonstrate compliance for products placed on the EU market post-Brexit. In practice, this means either arranging for a transfer of certificates from a UK notified body to an EU27 Notified Body, or applying for a new certificate with an EU27 Notified Body. The Commission’s latest publication, the Questions and Answers document, provides further guidance and clarification on the rules.

Builders, specifiers, designers, certifiers etc., should be aware of the changes above. They should ensure that the CE Marking/ Declaration of Performance and relevant product-related documentation is appropriate to demonstrate and ensure compliance with the Building Regulations. Further information on the compliance with the Construction Products Regulation is available at the following link:

housing.gov.ie/housing/buildingstandards/construction-products-regulation/construction-products-regulation

The Department of Housing, Planning and Local Government is responsible for policy and regulation of building standards, including implementation of the Construction Production Regulation. The Department is the Notifying Authority for construction products covered by Construction Products Regulation (EU) No 305/2011 and in this respect, is actively assessing applications from bodies seeking to become Notified Bodies in Ireland. The ‘Nando’ EU commission web site provides the full listing of all current European wide Notified Bodies at the following link: 

ec.europa.eu/growth/tools-databases/nando/.

Finally, the National Standards Authority of Ireland, NSAI, has run a number of Brexit briefings in relation to products and is planning on a series of additional Brexit construction events in March. Details will soon be available at the following link

nsai.ie/brexit.

View a PDF version of this communication here

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Brexit