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Construction Products Compliance Steps to Prevent Bans-1 (1)

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Suvitha
Suvitha
Suvitha is a Regulatory Compliance Expert and Content Strategist with a deep understanding of UK and EU regulatory frameworks. At Euverify, she transforms complex legal and technical updates into clear, actionable guidance for businesses. Her work bridges regulation and communication, helping brands stay compliant, credible, and competitive in regulated markets.
September 30, 2025

How to Avoid Bans on Construction Products in the UK & EU

Laying the wrong foundation in compliance could see your construction product banned in the EU or UK. One missing label, a weak safety test, or a misleading performance claim can be enough to trigger enforcement. And with regulators tightening their checks, the risks are higher than ever.

Authorities can and do pull products off the market for reasons ranging from incorrect CE, UKCA, or UKNI markings, to incomplete Declarations of Performance, poor factory controls, or serious safety issues like fire hazards, structural failures, or harmful chemicals.

In this blog, we set out  why construction products get banned and what you can do to stay compliant. You’ll learn the key rules in the EU, Great Britain, and Northern Ireland, how to define your product and choose the right technical route, what testing and factory controls you’ll need, and how to prepare a solid Declaration of Performance (DoP). We also explain the correct use of CE, UKCA, and UKNI markings, how to keep your documentation in order, and why monitoring products after they hit the market matters. Plus, we share real enforcement examples and practical tips to help you avoid fines, recalls, and damage to your reputation.

Understanding Construction Product Regulations in the EU and UK

Understanding Construction Product Regulations in the EU and UK (1)

In the EU, construction products fall under Regulation (EU) No 305/2011, known as the Construction Products Regulation (CPR). If your product is covered by a harmonised European standard (hEN), or you obtain a European Technical Assessment (ETA) based on a European Assessment Document (EAD), you must prepare a Declaration of Performance (DoP) and apply the CE mark before selling it. Each hEN or EAD also sets out the Assessment and Verification of Constancy of Performance (AVCP) system, which explains the level of testing, factory audits, and whether a Notified Body needs to be involved.

In Great Britain (England, Scotland, and Wales), the CPR is enforced through the Construction Products Regulations 2013 (as amended). The UK uses its own UKCA mark, but as of 2 September 2024, CE marking will continue to be recognised indefinitely for construction products in Great Britain. This gives businesses flexibility, but you must still follow the correct rules for whichever mark you use. Also, stay updated on announcements from the Department for Business and Trade (DBT) and the Department for Levelling Up, Housing and Communities (DLUHC).

In Northern Ireland, EU CPR rules still apply under the Windsor Framework. Products assessed by a UK Approved Body need the CE + UKNI marking, which is valid in Northern Ireland and in Great Britain under the “qualifying goods” rules. Products assessed by an EU Notified Body use the CE mark and can be sold freely across both the EU and Northern Ireland.

It’s also worth noting that not every product used in construction is classed as a “construction product” under CPR or UK CPR. Items such as hand tools, furniture, or temporary structures usually fall outside the CPR framework. Instead, they are regulated under more general frameworks like the General Product Safety Regulation (GPSR) in the EU, or equivalent product safety rules in the UK.

Key Reasons Construction Products Get Banned in the EU and UK

1. Regulatory / Documentation Failures

Using the wrong certificate
Certificates are always specific to the jurisdiction. In Great Britain, UKCA marking requires a UK Approved Body (unless you’re still using CE under the current recognition rules). In the EU, only a certificate from an EU Notified Body is valid. In Northern Ireland, CE + UKNI applies when a UK Approved Body is used, but that marking is not accepted in the EU.

Incorrect AVCP system
Every harmonised European standard (hEN) or European Assessment Document (EAD) sets out which Assessment and Verification of Constancy of Performance (AVCP) system applies. For example, system 1 requires certification and surveillance by a Notified Body, while system 4 allows self-declaration. Using the wrong system is one of the most common reasons products are pulled from the market.

No or defective Declaration of Performance (DoP)
The DoP is a legal document that must include the product type, intended use, AVCP system, essential characteristics, and declared performance. It also needs to match the supporting test evidence. If a DoP is missing, incomplete, or inconsistent, enforcement action is almost guaranteed.

Mismatched labelling
Markings must match the market. That means using the correct CE, UKCA, or UKNI mark, including Notified or Approved Body numbers where required, and showing the correct economic operator (manufacturer, importer, or distributor).

Weak Factory Production Control (FPC) and change control
FPC systems must keep product performance consistent over time. If materials, suppliers, or processes change, the product may no longer perform as declared. In that case, testing and the DoP need updating. Treating compliance as a one-off step, rather than an ongoing process, is a frequent mistake.

Ignoring enforcement guidance
In Great Britain, the Office for Product Safety and Standards (OPSS) sets out how it enforces the rules. Its actions can range from warnings and fines to product withdrawals and recalls. If you fail to respond quickly during an investigation, the situation can escalate, leading to tougher penalties.

 

2. Safety & Health Hazards

Bans on construction products are not just about paperwork errors or missing markings. In both the UK and the EU, products can also be banned if they present a direct risk to health or safety.

Structural Safety Failures

Structural Safety Failures

One of the most serious issues is structural failure. If a product does not meet load-bearing or strength requirements, it can put buildings at risk of collapse, leading to serious injury or worse. 

Example: In June 2025, Austria issued a recall of a large patio awning. The screws used to secure the product were too weak, meaning the awning could detach from the building and fall, posing a serious risk of injury to anyone nearby. The product was found to breach the EU Construction Products Regulation and the European standard EN 13561. Both the retailer and manufacturer took action, with marketing restrictions put in place and a recall issued to protect end users.

Fire Safety Non-Compliance

Fire Safety Non-Compliance

Fire safety is another major concern. Materials that do not perform as declared in fire tests, such as cladding or fire doors, can allow flames and smoke to spread quickly through a building.

Example: A Smart Wi-Fi Photoelectric Smoke Detector sold online, including via AliExpress, was removed from sale in France after tests showed its alarm sound was too weak to warn occupants in case of fire. This posed risks of asphyxiation, burns, and fire. The product, made in China, failed to comply with the Construction Products Regulation and the EN 14604 standard.

Chemical Hazards

Chemical risks also play a role. Construction products that release restricted substances—such as lead, formaldehyde, or harmful solvents—can have long-term health impacts ranging from respiratory irritation to more serious conditions.

Example: A particleboard used for indoor construction was withdrawn from the market after testing showed it released far higher levels of formaldehyde than declared. Produced in Czechia and sold across Europe, the boards posed a serious health risk if installed without proper coverings, leading to poor indoor air quality. Formaldehyde exposure can cause irritation, nausea, and long-term risks such as cancer. Authorities in Germany, Italy, and Slovenia flagged the product, and the manufacturer was forced to remove it from the market.

Electrical & Thermal Hazards (for construction products with integrated systems)

Electrical & Thermal Hazards (for construction products with integrated systems)

For products with integrated systems, electrical and thermal hazards must also be considered. Faulty heating cables or poorly insulated lighting can cause electric shocks or even fires. Such products may also fail to meet Low Voltage Directive or EMC requirements when incorporated into building systems.

Example: A wood pellet stove by TECTRO, was found to pose risks of electric shock and finger injuries. During operation, users could access live parts, and the auger mechanism could be bypassed when refilling pellets, creating a crushing hazard. The product, made in Italy, did not comply with the Low Voltage Directive or the European standard EN 60335.

Environmental or Indoor Air Quality Risks

Linked to chemical hazards are environmental and indoor air quality risks. Insulation, adhesives, or coatings that emit high levels of harmful compounds can create unsafe conditions inside buildings.

Example: A rubber grass mat sold under the name Gumminät gräs was banned in Sweden after tests found excessive levels of polycyclic aromatic hydrocarbons (PAHs), including benzo(a)pyrene and chrysene. These chemicals are carcinogenic, mutagenic, and toxic for reproduction. The product, origin unknown, did not comply with the REACH Regulation, leading authorities to ban its sale from November 2020.

Durability & Weathering Failures

Durability is another factor. If a product degrades more quickly than promised—for example, roofing membranes breaking down under sunlight—it can result in water damage and compromised safety. 

Installation or Compatibility Hazards

Finally, some products are simply unsafe to install as designed. If balcony panels, glass fixtures, or similar components are not compatible with their fixings, they may fail after installation, creating risks of falling debris and injury. For example balcony glass panels with incompatible fixings can lead to spontaneous breakage.

A Step-by-Step Guide to Compliance for Construction Products

  1. Define your product and its use
    Start by being clear about what your product is and how it will be used in construction. You’ll need to identify its essential characteristics, such as fire resistance, load-bearing strength, watertightness, or reaction to fire. The relevant harmonised European standard (hEN) or European Assessment Document (EAD) will tell you which of these characteristics must be assessed and declared.

  2. Choose the right compliance route
    If your product is fully covered by a harmonised European standard, you must follow that standard. If it isn’t covered, or only partly covered, you can apply for a European Technical Assessment (ETA) based on an EAD. This gives you the legal route to issue a Declaration of Performance (DoP) and use the CE mark.

  3. Work out your AVCP system and testing plan
    Each hEN or EAD specifies which Assessment and Verification of Constancy of Performance (AVCP) system applies. This decides whether you need a Notified Body in the EU or an Approved Body in Great Britain, as well as the type of testing and factory audits required. Using the wrong AVCP system is one of the most common reasons products get pulled from the market.

  4. Test performance and set up Factory Production Control (FPC)
    Initial type testing must be carried out according to the AVCP system. In some cases, results can be shared or cascaded if the standard allows. At the same time, you must put Factory Production Control in place to ensure your product stays consistent. This includes having written procedures for inspections, equipment calibration, staff training, and proper record-keeping.

  5. Prepare the Declaration of Performance (DoP)
    The DoP is the manufacturer’s legally binding statement of how the product performs against its essential characteristics. It must match the relevant standard or ETA and be made available either on paper or in a durable electronic format. Missing or inconsistent DoPs are one of the fastest ways to attract regulatory action.

  6. Apply the correct marking and labelling
    Once the DoP is ready, the right marking must be added:
  • European Union: CE marking, with the Notified Body number (if required), the DoP reference, and all other mandatory details.
  • Great Britain: Either CE or UKCA marking is accepted, but in both cases, the name and address of the responsible economic operator in Great Britain must be shown, and full technical documentation must be kept.
  • Northern Ireland: CE marking if an EU Notified Body is used, or CE + UKNI marking if a UK Approved Body is involved.

  1. Keep complete documentation
    You must maintain a technical file that includes test reports, FPC records, certificates from Notified or Approved Bodies, the DoP, labelling artwork, and any change-control records. Regulators such as the OPSS can request this file at any time, so it needs to be ready.

  2. Monitor products after they reach the market
    Compliance doesn’t stop once the product is sold. Manufacturers, importers, and distributors should track customer complaints, product returns, and feedback from construction sites. Non-conformities and incidents should be logged, and corrective action taken quickly. Authorities expect businesses to be proactive, and penalties can increase if issues are ignored.

  3. Assign responsibilities across the supply chain
  • Manufacturers handle design, testing, FPC, the DoP, and applying the correct marking.
  • Authorised representatives in the EU or Northern Ireland, or UK-based reps if appointed, hold technical files and liaise with regulators.
  • Importers must confirm that products are correctly marked, come with a DoP, and display their own name and address.
  • Distributors are expected to check markings and ensure products are supplied with the proper documents before they are made available.

  1. Stay up to date with standards and policies
    Standards are revised regularly, and rules in the UK and EU continue to evolve. For example, the UK confirmed in 2024 that CE marking will remain valid indefinitely in Great Britain, but businesses must still track updates from both UK and EU regulators. A quarterly compliance review is a practical way to stay ahead of changes.

Final Takeaway

Bans on construction products in the UK and EU don’t come out of nowhere. They usually happen because of avoidable gaps in compliance, paperwork, or safety. The companies that get it right do two things: they follow the rules and they make sure their products are genuinely safe, reliable, and built to last.

That means linking each product to the right standard, picking the correct AVCP route, keeping factory production controls in order, and making sure the Declaration of Performance is clear and accurate. It also means testing properly for fire safety, structural strength, chemical risks, and durability. This way, you stay compliant, protect the people using your products, and keep your brand’s reputation strong.

With checks getting tougher, prevention is always cheaper than a recall or ban. Building compliance the right way keeps your products in the UK and EU markets.

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