Government prepares for no-deal Brexit construction products regulation

The government has elaborated on its plans for a functioning construction products regulation (CPR) regime in the event of a no-deal Brexit.

With 100 days remaining until Brexit and with uncertainty remaining about the manner of the UK’s exit from the European Union, the government laid a statutory instrument in Parliament to ensure that a CPR would continue to function in a no-deal scenario.

The statutory instrument delivers the policy approach set out in the technical notice that was published on 13 September 2018.

The government said the arrangements would apply in the event that the UK exits the European Union without a deal in March 2019.

The regime would maintain the requirement on manufacturers to declare the performance of their construction product, in accordance with product standards, when the product is placed on the UK market.

The legislation would also ensure that:

• Construction products already placed on the market can continue to circulate in the UK.
• Existing European harmonised standards will become UK ‘designated standards’. This will mean that immediately following exit day the UK and EU standards will be the same. Thereafter, new UK standards will be designated by the government.
• Where a UK body has undertaken the third-party conformity assessment processes required under the UK ‘designated standard’, the manufacturer must affix a new UK mark. Construction products that meet the harmonised European standard and carry a ‘CE’ mark, can continue to be placed on the UK market without the need for re-testing or additional marking. These arrangements will be for a time-limited period.
• Where the product marking is affixed on the basis of self-declaration, then during the time-limited period the manufacturer will have the choice to use either the UK or CE mark (or both).
• For products that are not fully covered by a designated standard, there will be an optional route available to enable products to be UK marked.