Construction Products Regulation in Northern Ireland
Guidance providing practical information for placing construction products on the Northern Ireland market and unfettered access provisions.
Applies to Northern Ireland
On 2 September 2024 the Minister for Building Safety and Homelessness issued a Written Ministerial Statement regarding recognition of the Conformité Européenne (CE) marking for construction products. The previously stated deadline of 30 June 2025 for CE marking recognition in Great Britain has now been revoked. This page will be updated to reflect this change in due course.
On 1 September 2020, we published Construction Product Regulation (CPR) specific guidance to help businesses to prepare for the end of the transition period in Great Britain.
This guidance provides information in relation to Northern Ireland. It explains the requirements for placing construction products on the Northern Ireland market; and how provisions to ensure continued unrestricted access, for goods moving from Northern Ireland to Great Britain, will work.
This document also sets out what the Construction Products (Amendment etc.) (EU Exit) Regulations 2020, which came into force at 11pm on 31 December 2020, says. It is a summary of the provisions of the relevant legislation, but it is not comprehensive. You should rely on the provisions of the legislation in preference to what is summarised in this guidance.
The guidance is aimed at businesses (manufacturers, importers, distributors, etc.) planning to place or make goods available on the Northern Ireland market.
Businesses are encouraged to read this guidance and understand how they should comply with the new regime from 1 January 2021.
Further guidance for placing construction products on the European Union market: European Union (EU) Construction Products Regulation and CE marking, including UK product contact point for construction products.
Further guidance for placing construction products on market in Great Britain: CE marking and Construction Products Regulation from 1 January 2021 (Great Britain).
Purpose
A summary of the actions required by economic operators wishing to place construction products on the Northern Ireland market. Also provides a summary of unfettered access provisions for qualifying Northern Ireland goods.
Construction Products Regulation in Northern Ireland from 1 January 2021
The government made the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 in March 2019 (“the 2019 CPR EU Exit regulations”) designed to ensure that if the UK left the European Union (EU) without a deal, there would continue to be a functioning legislative and regulatory regime for construction products in the UK. Since making these regulations, the UK has left the EU and agreed to the Withdrawal Agreement which included the Protocol on Ireland and Northern Ireland (known as the Northern Ireland Protocol).
The Northern Ireland Protocol came into effect at 11pm on 31 December 2020. For as long as it is in force, Northern Ireland will align with all relevant EU rules relating to the placement of manufactured goods on the market. The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 made in 2020 amended the 2019 CPR EU Exit regulations to take into account the effect of the Northern Ireland Protocol.
Actions for businesses and other stakeholders
Placing construction products on the Northern Ireland market
This guidance refers to the requirement in some circumstances for the UK(NI) indication for construction products, sometimes referred to as the UK(NI) marking or UKNI marking. The terms refer to the same thing.
Manufacturers placing products on the Northern Ireland market should note:
- Products must meet EU harmonised European standards, and bear either the CE marking or the CE marking & UK(NI) indication to be placed on the Northern Ireland market.
- Goods with the UKCA (UK Conformity Assessed) mark alone are not accepted on the Northern Ireland market.
- Where third-party conformity assessment has been carried out by a UK approved body, the economic operator must affix the UK(NI) indication in addition to CE marking. Where the conformity assessment has been carried out by an EU recognised notified body, only the CE marking is required.
- Once we legislate to give effect to the relevant provisions, products meeting Northern Ireland requirements and bearing the CE marking or CE marking with UK(NI) indication, and which are qualifying Northern Ireland goods, will be able to be placed on the entire UK market on an ongoing basis. In the meantime, all such products bearing the CE mark, whether qualifying Northern Ireland goods or not, can be placed on the entire UK market until we end recognition of CE marking on the 30 June 2025. We intend to legislate to recognise qualifying Northern Ireland goods ahead of this date.
Changes for Northern Ireland economic operators
Distributors who first make a product available on the market in Northern Ireland from outside the EEA or Northern Ireland are now classified as ‘importers’. This change in status brings new obligations, such as a requirement for importers to label their products with their name and address. Examples of other obligations on importers include:
- ensuring the assessment and the verification of constancy of performance have been carried out by the manufacturer;
- drawing up relevant technical documentation;
- ensuring that the product bears the conformity marking, and that the manufacturer has complied with their labelling obligations;
- keeping records for 10 years; and
- carrying out sample testing.
Authorised representatives will need to be established in either Northern Ireland or the EEA to act on the manufacturer’s behalf in relation to specified tasks.
Manufacturers with an authorised representative based in Great Britain will need to appoint a new authorised representative in either Northern Ireland or the EEA.
Northern Ireland economic operators - whether manufacturers, importers, distributors, or authorised representatives - should consider taking professional advice to make sure that they understand their status and obligations under the new Northern Ireland regulatory framework.
Further information
Background to the new Northern Ireland CPR rules: the EU CPR
The EU Construction Products Regulation (PDF, 998KB) lays down harmonised rules (‘standards’) for the marketing of construction products. Standards are developed by European standardisation bodies, and define the methods and the criteria for assessing the performance of the product in relation to its “essential characteristics”. Standards become harmonised when the reference to the standard is published in the Official Journal of the European Union. See a list of harmonised standards under the EU CPR.
Where a harmonised European standard (or ‘hEN’) exists for a product, the EU CPR places obligations on manufacturers, distributors and importers (known collectively as ‘economic operators’) of that product when it is placed on the market in the European Economic Area (EEA). The product must have a declaration of performance and have been affixed with the ‘CE’ marking.
In order to safeguard the reliability of the declaration of performance, the EU CPR provides for systems of “Assessment and Verification of Constancy of Performance” (AVCP). Where third-party assessment of the performance of construction products is required, this assessment may only be undertaken by authorised ‘notified bodies’. Notified bodies are accredited, and Member States then formally ‘notify’ the European Commission and other European Union countries. Those notified bodies are listed on the EU’s database (the ‘New Approach Notified and Designated Organisations’ database - known as ‘NANDO’).
Where the standard requires third-party assessment, that notified body’s 4-digit identification number must be affixed to the product.
The EU CPR also allows manufacturers to affix the CE marking to products that are not fully covered by a harmonised European standard. This is permitted where manufacturers receive a technical assessment of their product based on a ‘European Assessment Document’ (EAD). EADs are devised by the group of ‘technical assessment bodies’ (TABs). Further information on the approach for products that are not fully covered by a harmonised standard can be found at the European Organisation for Technical Assessment.
Introduction of the UK(NI) indication
The Northern Ireland Protocol provides for a new UK(NI) indication (also known as the ‘UKNI marking’ or UK(N(I) mark). This is a new additional conformity marking for products placed on the market in Northern Ireland. It is not required for all goods being placed on the Northern Ireland market. CE marking with the UK(NI) indication is required only if the mandatory third-party conformity assessment for a product is conducted by a UK approved body.
You need to use a conformity marking if you are placing certain goods on the market to show they meet the relevant rules. In Northern Ireland, EU conformity markings will continue to be used to show goods meet EU rules. For most construction products, this is the CE marking. If using an EU recognised notified body, this is the only marking required.
If you choose to use UK approved bodies for approvals or certification, in addition to the EU conformity marking, you must also affix the UK(NI) indication
The UK(NI) indication is not permitted on its own - it must always accompany the EU conformity marking. If you are placing goods on the EU market, you must follow EU CPR rules. This includes using an EU recognised conformity assessment body and CE marking.
Goods bearing the CE marking with UK(NI) indication will not be accepted on the EU market, as UK approved bodies will no longer be recognised by the EU. For goods to be accepted on the EU market, conformity assessment must have been conducted by an EU recognised notified body.
When to use the UK(NI) indication
You will need to use the UK(NI) indication if:
- you are placing goods subject to CE marking on the Northern Ireland market;
- your goods require mandatory third-party conformity assessment; and
- you use a UK approved body to carry out those conformity assessments.
You do not need to use the UK(NI) indication if:
- you use an EU recognised notified body to carry out conformity assessments.
If you are a manufacturer based in Northern Ireland (or the manufacturer’s authorised representative) and you mark your goods on the basis of a supplier’s declaration of conformity (i.e. self-certify), you will not need to make any changes. Qualifying Northern Ireland goods will continue to have full access to the GB market using those markings, because of the principle of unfettered access. Our intention is that those CE marked goods will be accepted on the GB market until 30 June 2025 even if they are not qualifying Northern Ireland goods.
Information on how to use the UK(NI) indication alongside the CE marking, including templates, can be found in guidance on using the UKNI marking published by the Department for Business, Energy & Industrial Strategy.
Using UK approved bodies
For the Northern Ireland market, UK approved bodies will be designated by the United Kingdom Accreditation Service (UKAS) and allowed to assess the performance of construction products to EU harmonised standards. This will enable economic operators to use the CE marking with the UK(NI) indication and place their product on the Northern Ireland market.
These bodies are listed on the UK Market Conformity Assessment Body (‘UKMCAB’) database.
Moving goods from Northern Ireland to Great Britain - unfettered access for qualifying Northern Ireland goods
The UK government will guarantee unfettered access for Northern Ireland’s businesses to the whole of the UK market, without the need for additional approvals before placing goods on the market in the rest of the UK. This means that you will be able to place qualifying Northern Ireland goods on the market in Great Britain.
Further information on the definition of qualifying Northern Ireland goods can be found in the Definition of Qualifying Northern Ireland Goods (EU Exit) Regulations 2020, and in the guidance on placing manufactured products on the market in Great Britain. However, Great Britain will recognise all construction products that meet either EU or Northern Ireland rules until 30 June 2025.
See Moving goods into, out of, or through Northern Ireland for more details of the UK government’s approach to unfettered access.
Accepted markings for different markets
Your goods may require different markings for different markets. The table below illustrates the accepted markings on each market.
| Type of good | Accepted marking or combination of markings* |
|---|---|
| Placing goods on the market in Northern Ireland | |
| Construction product being placed on the market in NI using an EU recognised notified body | CE |
| Construction product being placed on the market in NI using a UK approved body | CE & UK(NI) |
| Placing goods (which are not qualifying Northern Ireland goods) on the market in Great Britain | |
| Construction product being placed on the GB market until 30 June 2025 | UKCA or CE or CE & UK(NI) |
| Construction product placed on the GB market from 30 June 2025 | UKCA |
| Placing qualifying Northern Ireland goods on the market in Great Britain (unfettered access) | |
| Construction product which is a Qualifying Northern Ireland good being placed on the GB market under unfettered access provisions from 30 June 2025 | CE or CE & UK(NI) |
| Placing goods on the EU market | |
| Construction product being placed on the EU market | CE |
*You may use combinations of the product markings listed in each box and your goods may be acceptable with more than one marking. However, for the EU market, the CE marking must appear without the UK(NI) indication, as goods bearing the CE & UK(NI) marking are not acceptable in the EU. This means these goods must be manufactured to EU rules, and cannot be assessed by a UK approved body.
Market surveillance
The UK has powers to carry out market surveillance and enforcement in Northern Ireland to ensure that non-compliant products can be removed from the UK market. In NI, enforcement action will continue to be taken by Environmental Health Officers. The government is developing UK databases that will help support this work.
Frequently asked questions
1. After 31 December 2020, will there be a greater risk of unsafe products on the Northern Ireland market?
Construction products in Northern Ireland will continue to need to meet EU harmonised standards (including any new standards the EU adopts over the coming years). Our regulations ensure that there will be a fully-functioning enforcement regime in Northern Ireland which will ensure that non-compliant products can be removed from the Northern Ireland market.
2. How will products already circulating on the Northern Ireland market be affected?
For an individual product already circulating on the Northern Ireland market prior to 1 January 2021, no additional action is needed. A certificate issued by an EU notified body that was valid immediately before that date continues to be valid for the purposes of the Northern Ireland market.
3. What do I need to do to place a product on the Northern Ireland market?
In NI, both the CE marking and the CE marking with UK(NI) indication will be recognised. Manufacturers will either need to:
- affix the CE marking with UK(NI) indication using a UK approved body, or
- affix the CE marking using an EU-recognised notified body.
Where no third-party conformity assessment is required (AVCP system 4) the manufacturer can choose whether to use an EU recognised notified body or UK approved body.
4. What do I need to do to place a product on the EU market?
It is for the EU to determine the arrangements that apply. Further information on current arrangements can be found at the EU Commission website.
5. If I am moving CE marked products placed on the EU market into NI, will my obligations be affected?
No. Products that are moved into Northern Ireland from the EU market fall under the EU CPR. The economic operator (e.g., manufacturer, importer, or distributor) will need to follow the relevant requirements as set out in the EU CPR.
All products tested by UK approved bodies to EU harmonised standards will need to be accompanied by the UK(NI) indication.
6. Why will Northern Ireland and Great Britain have different CPR regimes?
The government made the Construction Products (Amendment etc.) (EU Exit) Regulations 2019 in March 2019 to ensure that if the UK left the EU without a deal, there would continue to be a functioning legislative and regulatory regime in the UK. Since making these regulations, the UK left the EU and agreed to the Withdrawal Agreement and Northern Ireland Protocol.
For as long as the Northern Ireland Protocol is in force, Northern Ireland will align with all relevant EU rules relating to the placing on the market of construction products. The Construction Products (Amendment etc.) (EU Exit) Regulations 2020 made in 2020 amended existing regulations to take into account the effect of the Northern Ireland Protocol.
7. Will manufacturers need to test products twice to sell on Great Britain and Northern Ireland markets?
In NI, both the CE marking and the CE marking with UK(NI) indication will be recognised. Manufacturers will either need to:
- affix the CE marking with UK(NI) indication using a UK approved body, or
- affix the CE marking using an EU recognised notified body.
Until 30 June 2025, Great Britain will recognise all construction products that meet EU or Northern Ireland rules.
8. Can I still use certificates from EU-recognised notified bodies for products placed on the Northern Ireland market?
Yes. The CE marking can be affixed where any third-party conformity assessment has been undertaken by an EU-recognised notified body.
9. How do I transfer an existing conformity assessment certificate to an EU-recognised notified body?
Check whether your UK approved body is taking steps to transfer certificates, so that you can continue to export to the EU without needing to find a new EU recognised notified body.
If they are not, you will need to either:
- arrange for information held by your existing UK approved body to be transferred to an EU recognised notified body so they can issue you a new certificate (this would be subject to contractual arrangements between the EU-recognised notified body, the UK body, and the manufacturer); or
- get your products reassessed by an EU recognised notified body
If your existing certificate is transferred to an EU recognised notified body, then you will need to update the 4-digit notified body number on your products. You will not need to do this for products already on the market or which were manufactured before the transfer took place.
A list of EU-recognised notified bodies is available on the NANDO database.
10. What is meant in the Regulations by ‘place on the market’ and ‘making a product available on the market’?
‘Place on the market’ means the first making available of a construction product on the market.
‘Making a product available on the market’ means the supply of a construction product for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge.
The first instances of placing a product on the market in Northern Ireland and in Great Britain will be treated in law as two different events.
11. If EU standards change, will Northern Ireland be expected to continue to follow them?
For as long as the Northern Ireland Protocol is in force, Northern Ireland will align with all relevant EU rules relating to the placing on the market of manufactured goods.
Updates to this page
Published 23 November 2020Last updated 2 September 2024 + show all updates
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Page updated to reflect the Written Ministerial Statement made by the Minister for Building Safety and Homelessness on 2 September 2024.
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Updated to reflect the government will continue to recognise the CE mark on construction products for another 2.5 years, to allow businesses until 30 June 2025 to prepare for the UK mark.
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This guidance has been amended to include the revised date for when recognition of the CE mark is expected to end in Great Britain.
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First published.