New construction product labelling regulations come into force from 1 July

The changes, which are set out in the new Construction Products Regulations, will apply to all new products placed on the market after 1 July 2013. The biggest change for UK-based manufacturers, importers, distributors and suppliers of construction products is the introduction of compulsory CE marking on the majority of products.

The new regulations incorporate the requirements of the EU's Construction Products Regulation into UK law. Construction law expert Chris Hallam of Pinsent Masons, the law firm behind Out-Law.com, said that the UK Government had left it fairly late to enact EU laws affecting the construction industry; just a few months after EU-wide rules on prompt payment also had to be incorporated into UK law at the last minute.

"Although there is reasonable awareness of the new product requirements in the construction industry,  the changes will probably catch out some of the smaller companies who may have little resource to meet the additional administrative burden," he said. "Whilst the Government had little option but to implement the EU Regulation by 1st July (otherwise it would have been in breach of EU law), the late introduction of more regulatory 'red tape' - albeit well intended - is hardly what the industry needs right now."

Construction products, as defined by the regulations, are products or kit produced and placed on the market for permanent incorporation into construction works or parts of construction works. In practice, most products used on construction and engineering sites which are incorporated into a finished structure will be covered by the new rules.

Introduced in 1989 as part of the Construction Products Directive, the CE mark is a standardised 'passport' that indicates that a particular product complies with all the relevant EU legislation, such as safety, health or environmental protection requirements. It allows manufacturers to legally sell their products in any member state. The UK incorporated the directive into national law in 1991, but at the time it did not make CE marking compulsory.

From July, CE marking will be compulsory for most construction products when they are placed on the market in all cases where a harmonised European standard (hEN) or European Technical Assessment (ETA) exists for the product. The new rules also place clear duties on importers and distributors, as well as manufacturers, to ensure that the requirements are met. The rules also prohibit the use of any alternative national labelling systems, including those of manufacturers' associations, to indicate compliance.

The new regulations allow for limited exceptions from the labelling requirements in the case of bespoke products, products created on site for incorporation into the works on that site and traditional and heritage conservation products. The previous regime will continue to apply to products placed on the market before 1 July 2013.

Other changes introduced by the regulations include new 'basic requirements' in relation to health and safety and energy efficiency. Health and safety standards will now apply to products throughout their entire life cycle, while energy efficiency requirements will be extended to cover the construction and dismantling of the product, in addition to its use.

The regulations also provide for the labelling of building materials containing hazardous substances, in order to protect the health and safety of building workers and other users. The declaration of performance, indicating that the product complies with the new standards, must include information on hazardous substances required by the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation.