Construction products and the UK(NI) indication
In this guide:
- Construction Products Regulation in Northern Ireland
- What is the EU Construction Products Regulation?
- Placing construction products on the Northern Ireland market
- Changes for Northern Ireland economic operators
- Construction products and the UK(NI) indication
- Accepted markings on construction products for different markets
What is the EU Construction Products Regulation?
Background to the new Northern Ireland CPR rules looking at the EU Construction Products Regulation.
The EU Construction Products Regulation (EU CPR) 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.
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Placing construction products on the Northern Ireland market
Guidance for businesses placing construction products on the Northern Ireland market and the correct markings to use.
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 will need to meet European Union harmonised European standards, and bear either the CE marking or the CE marking & UK(NI) indication to be placed on the NI market.
- Goods with the UKCA (UK Conformity Assessed) mark alone will not be accepted on the NI market.
- Where third-party conformity assessment has been carried out by a United Kingdom 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-approved body, only the CE marking is required.
- Once legislation gives effect to the relevant provisions, products meeting NI requirements and bearing the CE marking or CE marking with UK(NI) indication, and which are qualifying NI 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 NI goods or not, can be placed on the entire UK market until recognition of CE marking ends on 30 June 2025. Legislate to recognise qualifying NI goods is intended to be brought in ahead of this date.
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Changes for Northern Ireland economic operators
Changes which businesses making construction products available on the market in Northern Ireland need to be aware of.
Distributors who first make a product available on the market in Northern Ireland from outside the European Economic Area (EEA) or NI will now be classified as ‘importers’. This change in status will bring 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
- carrying out sample testing
After the end of the transition period, authorised representatives will need to be established in either NI or the EEA to act on the manufacturer’s behalf in relation to specified tasks.
Manufacturers with an authorised representative based in Great Britain (England, Scotland and Wales) will need to appoint a new authorised representative in either NI or the EEA.
NI 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 NI regulatory framework.
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Construction products and the UK(NI) indication
Information on the new UK(NI) marking and when your business needs to use it for construction products.
The Northern Ireland Protocol provides for a new UK(NI) indication (also known as the ‘UKNI marking’). This is a new additional conformity marking for products placed on the market in Northern Ireland. However, it is important to note that is not required for all goods being placed on the NI 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 body based in the United Kingdom.
You need to use a conformity marking if you are placing certain goods on the market to show they meet the relevant rules. In NI, after the end of the transition period, 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 a conformity body based in the EU, this is the only marking required.
If you choose to use UK 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 Construction Products Regulation (CPR) rules. This includes using an EU-recognised conformity assessment body and CE marking.
It is important to note that goods bearing the CE marking with UK(NI) indication will not be accepted on the EU market, as UK conformity assessment 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 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 NI market after the end of the transition period
- your goods require mandatory third-party conformity assessment
- you use a UK body to carry out those conformity assessments after the end of the transition period
You do not need to use the UK(NI) indication if:
- you use an EU body to carry out conformity assessments
If you are a manufacturer based in NI (or the manufacturer’s authorised representative) and you currently mark your goods on the basis of a supplier’s declaration of conformity (ie, self-certify), you will not need to make any changes. Qualifying NI goods will continue to have full access to the Great Britain (England, Scotland and Wales) market using those markings, because of the principle of unfettered access. The intention is that those CE marked goods will be accepted on the GB market until 30 June 2025 even if they are not qualifying NI goods.
Find more information on how to use the UK(NI) indication alongside the CE marking, including templates.
Using UK approved bodies
For the NI 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 NI market.
These bodies will be listed on the UK Market Conformity Assessment Body (UKMCAB) database.
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Accepted markings on construction products for different markets
A breakdown for your business of the accepted markings on construction products for different markets.
Your construction products 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 a European Union conformity assessment body CE
Construction product being placed on the market in NI using a UK-based body CE and UK(NI)
Placing goods (which are not qualifying NI goods) on the market in Great Britain (England, Scotland and Wales) 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 NI goods on the market in GB (unfettered access) Construction product which is a qualifying NI 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 body based in the United Kingdom.Market surveillance
The UK has powers to carry out market surveillance and enforcement in NI 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.
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