Ireland - Building on change: The EU's modern legal framework for construction products

• Harmonised product rules now require not only declarations of technical performance but also mandatory life-cycle assessment elements and harmonised approaches to expressing environmental and safety performance.
• Transitional arrangements allow certain provisions of the 2011 Regulation and existing harmonised standards to remain valid until as late as 2040, ensuring regulatory continuity while new standards and frameworks are adopted under the CPR.
• Digital Product Passports (DPP) will be introduced for most construction products, providing digital access to comprehensive product information, supporting transparency, regulatory compliance, and supply chain management.
• Economic operators—including manufacturers, importers, and distributors—face strengthened obligations regarding conformity, documentation, traceability, self-reporting of non-compliance, and co-operation with authorities and notified bodies.
• While the CPR remains primarily focused on manufacturers, importers and distributors of construction products, its practical impact will extend further along the construction value chain to developers, contractors and design consultants. In particular:
  
  • Developers may need greater assurances that construction products specified and procured for their projects comply with the provisions of the CPR, particularly given the strengthened traceability and documentation requirements and the increasing use of digital product information.
  • Contractors may face heightened risk when importing products from outside the EU, or substitute specified products during construction. In such cases, contractors may be deemed to assume obligations akin to those of an economic operator under the CPR.
  • Design consultants should be aware of CPR requirements when preparing specifications, advising on product suitability, and certifying compliance. The CPR’s increased focus on sustainability performance and declared characteristics may influence how products are specified and evaluated.

The 2011 Regulation established harmonised standards (hENs) for placing construction products on the EU market. It introduced requirements such as CE marking and the Declaration of Performance, both of which are based on harmonised technical specifications and test methods used for assessing the performance of construction products. The European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) are engaged in the adoption of these harmonised standards.

Nearly fifteen years on, the EU identified a need to modernise this framework to:

• embed stronger environmental and sustainability criteria, including life-cycle considerations;
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• create a digital foundation for product information;
• clarify and strengthen supply chain obligations;
• and ensure consistent, high levels of health, safety and environmental protection across Member States.

These objectives align with the EU’s Circular Economy Action Plan and Green Deal ambitions, which prioritise sustainable products and transparency obligations.

Locally, the Green Public Procurement (GPP) Strategy and Action Plan 2024–2027 commits Ireland’s public sector to sourcing goods, services and works that deliver reduced environmental impacts across their life cycle. Circular 17/2025: Updated Green Public Procurement Instructions for Public Sector Bodies provides that all contracting authorities procuring goods, services or works for which national GPP guidance and criteria are available, must include GPP criteria from such guidance, where appropriate and proportionate.

The CPR applies to all products falling within its definition of “construction product”, which is defined as “any formed or formless physical item, including 3D-printed products, or a kit that is placed on the market, including by means of supply to the construction site, for incorporation in a permanent manner into construction works or parts thereof with the exception of items that need first to be integrated into a kit or another construction product prior to being incorporated in a permanent manner into construction works”.

As the EU and Ireland accelerate climate and sustainability goals, construction products are increasingly evaluated not only on structural performance but also on:

• Resource efficiency (e.g. recycled content and reduced embodied carbon);
• Life cycle impact reduction; and
• Reusability and recycling potential.

Key themes of the CPR include:

1) Harmonised Product Rules

The CPR introduces:

• harmonised approaches to expressing environmental and safety performance in relation to essential characteristics;
• environmental, functional and safety product requirements, beyond mere declaration of technical performance; and
• mandatory life cycle assessment elements, where applicable.

2) Strengthened Digitalisation

Digitalisation is a central objective. The CPR anticipates digital access to product information and, where relevant, the inclusion of Digital Product Passports to support transparency and data continuity throughout the product life cycle. The EU requires most products sold in the EU to have a Digital Product Passport (DPP) under the Ecodesign for Sustainable Products Regulation. The DPP aims to improve transparency in product supply chains by providing key information on a product’s origin, materials, environmental impact, and disposal.

The DPP includes a unique product identifier, compliance documents, details of substances of concern, user manuals, safety instructions, and disposal guidance. It is intended that this digital record will support supply
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3) Economic Operator Obligations

Manufacturers, importers, distributors and other supply chain actors are considered economic operators under the CPR and are subject to updated obligations for conformity, documentation and co-operation. This is intended to enhance transparency and traceability to align with consumer protection measures across the EU.

Continued Compliance: Economic operators must take all the necessary measures to ensure that construction products remain compliant with the CPR throughout their lifecycle on the market.

Co-operation With Authorities and Notified Bodies: On request by a competent national authority or a notified body, operators must identify other economic operators in the supply chain and provide documentation or information within strict deadlines, typically 10 days. The Department of Housing, Local Government and Heritage is the official notifying authority in Ireland responsible for the implementation of the CPR. Under the CPR, a notified body is defined as a conformity assessment body authorised to carry out third-party assessment and verification tasks. The Irish National Accreditation Board accredits organisations applying for notified body status for construction products and the National Standards Authority of Ireland (NSAI) is one of the notified bodies in Ireland.

Communication With Users: Operators must provide accessible communication channels to allow consumers, or users to report accidents, safety concerns or other issues relating to the product.

Self-Reporting of Non-Compliance: Operators who identify a product that presents a risk must immediately inform the relevant notifying authority in the Member States where the product was made available. They must include details of the non-compliance and corrective measures. Any individual or organisation may submit a complaint or report of possible non-compliance through the CPR complaint portal on the European Commission website.

4) Market Surveillance and Enforcement

One of the acknowledged weaknesses of the previous market surveillance regime was the inconsistent and often under-resourced approach to market surveillance across Member States. The revised CPR seeks to address the shortcomings in market surveillance by strengthening and clarifying the market surveillance obligations of Member States, including enhanced powers to require corrective action and/or restrict or withdraw non-compliant products. Member States must adopt effective, proportionate and dissuasive penalties for non-compliance. The CPR anticipates deeper integration of market surveillance regimes and enforcement mechanisms. Where non-compliance is identified, national authorities and notified bodies may require corrective measures, including restricting, withdrawing or recalling construction products from the market.

The 2011 Regulation was formally repealed on 8 January 2026, although a number of its provisions will continue to apply until 8 January 2040 such as;

• Basic requirements for construction works and essential characteristics of construction products.
• Declaration of Performance requirements and general principles and use of CE marking.
• Obligations of manufacturers, importers and distributors of construction products.

Important transitional arrangements include:

• Harmonised standards which are included in the list published in accordance with the 2011 Regulation that are in force on 8 January 2026 remain valid until withdrawn by the European Commission or repealed.
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• European Assessment Documents (EADs) established under the old framework stay valid until 9 January 2031.
• European Technical Assessments (ETAs) based on those EADs will remain valid until 2036.
• Notified bodies designated under the 2011 Regulation will be deemed designated under the new CPR but must be re-assessed by Member States on or before 8 January 2030.

These phased transitional measures are designed to ensure regulatory continuity while new harmonised standards and implementing acts required under the CPR are developed and adopted.

Entities placing construction products on the EU market must review compliance strategies to incorporate:

• updated performance declarations;
• new environmental and safety requirements;
• digital information systems; and
• enhanced conformity assessment frameworks once harmonised standards are adopted.

Historically, compliance with the CPR has been viewed largely as a matter for economic operators, notified bodies and market surveillance authorities, with limited direct engagement by developers, contractors or design consultants. Whilst they are not typically responsible for CE marking or conformity assessment, developers, contractors and consultants play a critical role in product selection, specification and use, exposing them to both contractual and regulatory risk where non-compliant products are incorporated into works.

In particular:

• Developers may need greater assurances that construction products specified and procured for their projects comply with the provisions of the CPR, particularly given the strengthened traceability and documentation requirements and the increasing use of digital product information.
• Contractors may face heightened risk when importing products from outside the EU, or substitute specified products during construction. In such cases, contractors may be deemed to assume obligations akin to those of an economic operator under the CPR.
• Design consultants should be aware of CPR requirements when preparing specifications, advising on product suitability, and certifying compliance. The CPR’s increased focus on sustainability performance and declared characteristics may influence how products are specified and evaluated.

The Dublin City Council-National Building Control Office Market Surveillance Unit monitors and enforces the statutory requirements under 2011 Regulation and the CPR. As enforcement activity increases, familiarity with CPR obligations is likely to become an important aspect of risk management, procurement strategy and professional due diligence across the construction industry, even where parties are not directly regulated as economic operators under the CPR.

To avoid potential non-compliance with CPR requirements, it is important that all construction stakeholders and development parties (developers, contractors, consultants, statutory certifiers and ancillary certifiers) become familiar with the scope and objectives of the CPR and take note of the upcoming transitional measures and timelines set out in the CPR.

Incorrect reliance on construction product documentation (e.g. no evidence of CE marking and/or a Declaration of Performance), a lack of awareness of evolving standards introduced by the CPR, and poor documentation and record keeping are some of the potential risks of non-compliance. Ensuring clarity on the scope of the certificates and valid CPR documentation provided with any construction product in the market, maintaining proper records of accompanying CPR-compliant certificates, and staying updated on EU Guidance on the implementation of the CPR will help to alleviate some of these non-compliance risks.

Whilst the CPR is concerned with the conditions which apply when placing a product on the market, developers, contractors and consultants should;

• when drawing up specifications, refer to the harmonised technical specifications and the requirements of individual characteristics;
• when selecting the construction products most suitable for their intended use, review the Declaration of Performance and check for CE Marking;
• check Standard Recommendations published by the NSAI and current Technical Guidance Documents (TGDs) when assessing appropriate minimum performance levels for specific intended uses of construction products in Ireland;
• ensure that works be carried out using proper materials which are fit for their intended use to achieve compliance with Building Regulations in line with current TGDs; and
• provide and collate all relevant certification associated with each construction product selected for use to ensure compliance with Building Regulations and the Building Control Regulations in conjunction with the provisions set out in the Code of Practice for Inspecting and Certifying Buildings and Works.

The CPR represents a significant evolution in the EU’s regulatory landscape for construction products. It reflects the EU’s strategic objectives on market harmonisation, sustainability and digital transformation, setting the stage for future policy alignment with other product-related frameworks such as the Ecodesign for Sustainable Products Regulation and broader product safety regimes. For Ireland, this aligns closely with national circular economy ambitions and the strategic use of green public procurement to stimulate sustainable markets.

Potential regulatory risk for specification and use of non-compliant products will give greater impetus for contractors, developers and design teams to check product compliance with CPR.