Will DLUHC let us know what’s going on with CE marking for construction products at some point?
In terms of continuing to accept CE Marking whilst we transition to UKCA Marking – DLUHC announced on December 9th that they would extend this transition. Within 24 hours of our webinar, DLUHC announced they have extended the transition period until June 2025
Is UKCA mandatory for construction product from 01 2023?
UKCA Marking will be mandatory for any construction product that is covered by a UK Designated Standard from 1st July 2025.
Until that date, goods may continue to be placed on the GB market on the basis of CE marking.
Should our Declaration of Performance (DoP) now be called a UK DoP or a Declaration of Conformity (DoC) for our construction product for the UKCA system?
No; DoP will be sufficient. The UK Government has often made reference to both options Although, there has been some debate over whether to use Declaration of Conformity or Declaration of Performance, our understanding is that construction products will require Declaration of Performance.
Is there a template for the UKCA DoP?
No. We suggest using the same template you use for CE Marking but amend where required to suit UKCA requirements – the UK Government website outlines what information is required to be shown here:
If a product falls under a UK standard, but no UK body can test against that standard, but an EU notified body can; if they withdraw CE marking, does that mean the product cannot be sold in the UK? (despite successfully being tested against the same standard, just not by a UK test facility).
This is currently unclear; guidance is being sought from DLUHC.
Can a ‘new’ EAD/ETA (created since the UK left the EU) be converted into a UKAD/UKTA?
A new UKTA can be created for the GB market based on the list of Designated UKADs published by UK Government. This is restricted to those EU documents that were in place before Brexit.
If the UKTA is the same in the UK as the ETA, why the need or a UKTAB?
For the same reason we have a UK Approved Body for UKCA Marking – EU Notified Bodies and EU TABs are not recognised in the UK market post-Brexit. There are some changes we have to be aware of between ETAs and UKTAs – not all EU EADs have been UK Designated so not all can be converted.
What are the consequences of supplying material onto the UK market without UKCA.
That would be for Trading Standards to determine if there was a deliberate breach. For goods being imported there is a possibility that customs may refuse to permit goods into the UK.
Is there an EOTA mirror group like UKOTA? Is a data base of EAD transferred as UKAD?
The UK Government has published a list of United Kingdom Assessment Documents (UKADs) based on the EADs published by EOTA prior to Brexit. UKTAs can be issued against these documents.
There is a UK group of Technical Assessment Bodies, who can issue UKTAs on the above basis, but Government has not given this power to create new UKADs.
Where a product has an existing ETA and is going through the process of obtaining a UKTA to enable a UKCA mark, if this documentation is not issued before the end of 2022, can the product still continue to display the CE Mark in UK until the UKTA is issued?
Yes, the deadline for the end of CE marking has now been extended until June 2025.
When a product is intended for both UK and European markets, can a UKCA and CE label be placed on the same product side by side, provided all relevant details are clear and unobscured?
Yes, products/packaging can be dual labelled. The markings should be equal, clear, and distinguishable from each other. More information is available on the Government website: https://www.gov.uk/guidance/construction-products-regulation-in-great-britain.
Can we “self-certify” construction products?
Self-certification can be done for products that apply the level AVCP 4.
When converting an ETA to UKTA, do you take it on face value or will additional testing be required for values and capacities.
The BBA will co-operate with EU Technical Assessment Bodies and Notified Bodies wherever possible and this includes the recognition of existing test data. There is currently confusion over DLUHC’s position on the acceptance of such test reports for AVCP level 3; clarity is being sought on this issue.
If we were to ask for a UKCA now, how long would the BBA take to complete this?
It would depend on the AVCP level and what was required. Typically, we have been aiming to turn UKCA marking support around inside 2 months from a contract being made valid – given that we have been provided with all the requested information in a timely manner.
Can only the BBA provide the UKCA?
No. Any UK Approved Body can provide support with UKCA Marking and any UK TAB can provide support with UKTAs providing that body holds the relevant UKAS accreditation for the UK Designated Standard or UKAD.
Would it help to write to our local MP to press for an extension to December 2024?
The deadline has now been extended to June 2025.
Presumably the CE mark will be valid until parliament passes the relevant legislation?
Where can I find the templates for DoP for UKCA?
We suggest using the same template you use for CE Marking but amend where required to suit UKCA requirements.
The UK Government website outlines what information is required to be shown here: https://www.gov.uk/guidance/construction-products-regulation-in-great-britain
If we have signed contracts with customers in 2022, can we supply the product to the UK in 2023 without UKCA? Is a sales contract with a GB Customer as evidence of a “placing on the market before end of 2022” sufficient?
Hopefully this no longer matters as the deadline for the use of CE marking has been extended until June 2025.
If the UKTA for non-harmonised products will not be mandatory, do we need to have any other documentation proving product compliance with GB regulations?
There is no Regulatory requirement to obtain UKTAs for such products, this is a choice to be made by individual manufacturers.
The BBA Agrément certificate goes into far more depth and is accepted by the warranty providers and specifiers as an assurance of a products performance and suitability.
If our product consists of different materials (timber frame kit) do we need UKCA for all the products in the kit, or is UKCA sufficient for our final product?
This will depend on the scope defined for the specific UKTA.
It would be better to discuss this with us so we fully understand the individual circumstances; however the decision is ultimately the responsibility of the manufacturer, not the BBA.
Do you have any guidance relating to what needs to be included on documentation for import purposes i.e. what would HMRC need to see at customs?
Unfortunately, that is not an area that the BBA can offer guidance on, but guidance is available from Government here:
Using the UKCA marking – GOV.UK (www.gov.uk)
How will compliance with UKCA marking / CPR be policed in the market?
As with CE marking the ‘policing’ is the responsibility of Trading Standards.
How long does the entire transition from CE to UKCA take? I’m referring to the quickest possible way which includes the products that have BBA certification and the ones that do not have it.
It would depend on the AVCP level and what was required. Typically, we have been aiming to turn UKCA marking support around inside 2 months from a contract being made valid providing we are provided with all the requested information in a timely manner.