{
  "type": "problem",
  "slug": "construction-product",
  "lang": "en",
  "url": "https://www.conphora.com/solutions/problem/construction-product/",
  "markdown": "https://www.conphora.com/solutions/problem/construction-product.md",
  "title": "We sell a construction product",
  "description": "Construction products in the EU: the declaration of performance under Regulation 305/2011, the new Regulation (EU) 2024/3110 and when each one applies.",
  "answer": "A product made for permanent incorporation in buildings or civil engineering works is a construction product. Where a harmonised standard or a European Technical Assessment covers it, the manufacturer draws up a declaration of performance and affixes CE under Regulation (EU) No 305/2011. Regulation (EU) 2024/3110 applies from 8 January 2026, but its duties for economic operators reach a product family only one year after an implementing act covers it.",
  "theme": {
    "id": "placing-on-market",
    "label": "Placing a product on the market"
  },
  "roles": [
    {
      "id": "manufacturer",
      "label": "Manufacturer"
    },
    {
      "id": "importer",
      "label": "Importer"
    }
  ],
  "regulations": [],
  "path": [
    "regulation-library",
    "knowledge-articles"
  ],
  "trigger": "A product such as insulation, tiles, windows, adhesives, pipes or structural fixings is sold for building work, and a builder, a retailer or an authority asks for the declaration of performance",
  "keep": "Technical documentation and the declaration of performance for 10 years after the construction product has been placed on the market (Regulation (EU) No 305/2011 Article 11(2))",
  "why": [
    {
      "text": "Construction products have their own regime, built around performance rather than a single safety verdict. Under Regulation (EU) No 305/2011, a construction product is any product or kit produced and placed on the market for incorporation in a permanent manner in construction works, whose performance affects the basic requirements for construction works (Article 2(1)). When such a product is covered by a harmonised standard, or conforms to a European Technical Assessment issued for it, the manufacturer draws up a declaration of performance when placing it on the market (Article 4(1)). The declaration states the product-type, the assessment system, the specification used, the intended use, the essential characteristics and at least one declared performance, with NPD, no performance determined, for the rest (Article 6). Narrow derogations exist for individually made products installed in one identified work, products made on site and heritage work (Article 5).",
      "sources": [
        2
      ]
    },
    {
      "text": "The CE marking follows from the declaration. It is affixed only to products for which a declaration of performance has been drawn up (Article 8(2)), and it is followed by the year it was first affixed, the manufacturer's name and address, the product-type code, the declaration reference, the declared performance, the specification applied, the notified body number where applicable and the intended use (Article 9(2)). A copy of the declaration is supplied with each product, or one per batch to a single user, in the language the Member State requires (Article 7(1) and (4)). Manufacturers keep the technical documentation and the declaration for 10 years (Article 11(2)).",
      "sources": [
        2
      ]
    },
    {
      "text": "A new regulation is phasing in. Regulation (EU) 2024/3110 applies from 8 January 2026, with some provisions from 7 January 2025 and penalties from 8 January 2027 (Article 96). It replaces the declaration of performance with a declaration of performance and conformity drawn up on the Annex V model (Articles 13 and 15), requires a copy to be supplied by electronic means unless the declaration sits in a digital product passport, and allows a website instead under conditions (Article 16(1) and (2)), and requires technical documentation as its basis (Article 22(3)). Its definition of construction product names 3D-printed products and kits (Article 3(1)), and its scope includes used products (Article 2(1)).",
      "sources": [
        1
      ]
    },
    {
      "text": "The switch happens product family by product family. Regulation 305/2011 is repealed with effect from 8 January 2026, except for listed provisions, among them Article 2, Articles 4 to 9 and 11 to 18 (declaration of performance, CE marking and economic operators) and Annexes III and V, which are repealed with effect from 8 January 2040 (Article 94). Those provisions apply only to products covered by harmonised standards listed under the old regulation and in force on 8 January 2026, or by European Assessment Documents listed by that date (Article 95(3), (4) and (8)); those assessment documents remain valid until 9 January 2031, and no product may be placed on the market on the basis of a European Technical Assessment issued under them after 9 January 2036 (Article 95(4)). The new duties of economic operators apply to a product family one year after an implementing act under Article 5(8) or 6(1) covers it, unless a later date is set, and economic operators may choose to apply the new specifications earlier (Article 95(9)).",
      "sources": [
        1
      ]
    },
    {
      "text": "Market surveillance rules add one more condition. Regulation 305/2011 is listed in Article 4(5) of Regulation (EU) 2019/1020, so a construction product may be placed on the market only if an economic operator established in the Union verifies and keeps the declaration of performance and can make the technical documentation available (Article 4(1) and (3)(a)). The list in Article 4(5), in the consolidated text of 12 August 2026, names Regulation (EU) No 305/2011 but not yet Regulation (EU) 2024/3110.",
      "sources": [
        3
      ]
    }
  ],
  "steps": [
    {
      "name": "Check that it is a construction product",
      "text": "Under the old regulation, a construction product is produced and placed on the market for incorporation in a permanent manner in construction works, and its performance affects the basic requirements for construction works. The new regulation's definition also names kits and 3D-printed products, and its scope includes used products.",
      "item": "regulation-library"
    },
    {
      "name": "Find the harmonised technical specification that covers it",
      "text": "Look for a harmonised standard covering the product and its intended use, or a European Assessment Document under which a European Technical Assessment can be issued. That specification sets the essential characteristics to declare and the system of assessment and verification of constancy of performance."
    },
    {
      "name": "Work out which regulation applies to the product family",
      "text": "The new regulation's duties for economic operators apply to a product family one year after an implementing act under its Article 5(8) or 6(1) covers that family, unless the act sets a later date. Until then, products covered by the standards and assessment documents listed under Regulation 305/2011 stay on the old declaration of performance."
    },
    {
      "name": "Run the assessment system and draw up the declaration",
      "text": "Carry out the assessment and verification system that applies, with a notified body where the system requires one. Then draw up the declaration of performance on the Annex III model, declaring at least one essential characteristic for the intended use and NPD for those not declared."
    },
    {
      "name": "Mark the product and supply the declaration",
      "text": "Affix CE only once the declaration exists, followed by the year, manufacturer, product-type code, declaration reference, declared performance, specification, notified body number and intended use. Supply a copy of the declaration with each product, or one per batch to a single user, in the language the Member State requires."
    }
  ],
  "documents": [
    {
      "name": "The declaration of performance, or under the new regulation the declaration of performance and conformity",
      "from": "The manufacturer",
      "ground": "Regulation (EU) No 305/2011 Articles 4 and 6; Regulation (EU) 2024/3110 Articles 13 and 15"
    },
    {
      "name": "Technical documentation for the assessment and verification system used",
      "from": "The manufacturer",
      "ground": "Regulation (EU) No 305/2011 Article 11(1); Regulation (EU) 2024/3110 Article 22(3)"
    },
    {
      "name": "The notified body's certificate or report, where the system requires third-party tasks",
      "from": "The notified body",
      "ground": "Regulation (EU) No 305/2011 Article 28 and Annex V"
    }
  ],
  "risks": [
    {
      "title": "No declaration, no CE marking",
      "text": "If the manufacturer has not drawn up a declaration of performance under Articles 4 and 6, the CE marking shall not be affixed (Regulation (EU) No 305/2011 Article 8(2)).",
      "source": 2
    },
    {
      "title": "No declaration under the new regulation, no sale",
      "text": "In the event of non-compliance, or where a required declaration of performance and conformity is missing, the product may not be made available on the market (Regulation (EU) 2024/3110 Article 13(2)).",
      "source": 1
    },
    {
      "title": "Liability for the declared performance",
      "text": "By drawing up the declaration the manufacturer assumes responsibility for the declared performance; under the new regulation it also becomes liable in accordance with Union and national law on contractual and extra-contractual liability (Regulation (EU) No 305/2011 Article 4(3); Regulation (EU) 2024/3110 Article 13(2)).",
      "source": 1
    },
    {
      "title": "An EU operator must hold the declaration",
      "text": "Regulation (EU) No 305/2011 is listed in Article 4(5) of Regulation (EU) 2019/1020, so an economic operator established in the Union must verify and keep the declaration of performance and make the technical documentation available on request (Article 4(1) and (3)(a)).",
      "source": 3
    }
  ],
  "faq": [
    {
      "q": "Which regulation applies to us today?",
      "a": "Regulation (EU) 2024/3110 applies from 8 January 2026, with some articles from 7 January 2025 and penalties from 8 January 2027 (Article 96). The old articles on the declaration of performance and CE marking stay in force until 8 January 2040 (Article 94) for products covered by the standards and assessment documents listed under Regulation 305/2011 (Article 95(8))."
    },
    {
      "q": "Do we need a declaration if no harmonised standard covers the product?",
      "a": "Under Regulation 305/2011 the declaration is required when the product is covered by a harmonised standard or conforms to a European Technical Assessment issued for it (Article 4(1)). Under the new regulation, the manufacturer of a product not covered by any harmonised technical specification may issue a declaration in accordance with a European assessment document and a European technical assessment (Regulation (EU) 2024/3110 Article 13(1))."
    },
    {
      "q": "Can we publish the declaration on our website instead of shipping it?",
      "a": "Under the new regulation, yes, if the conditions in Article 16(2) are met, including an unamendable, downloadable format, free access and instructions to recipients on how to find it. Under Regulation 305/2011 a website is allowed on the conditions set by delegated act (Article 7(3))."
    },
    {
      "q": "We sell reclaimed building materials. Are they covered?",
      "a": "The new regulation applies to construction products including used products (Regulation (EU) 2024/3110 Article 2(1)), and placing on the market includes the first making available of a used product after it is deinstalled (Article 3(5)). Its duties for economic operators reach a product family only as set out in Article 95(9)."
    },
    {
      "q": "We import under our own brand. Are we the manufacturer?",
      "a": "Yes. An importer or distributor that places a product on the market under its own name or trade mark, or modifies it so that the declared performance may be affected, has the manufacturer's obligations (Regulation (EU) No 305/2011 Article 15)."
    }
  ],
  "sources": [
    {
      "title": "Regulation (EU) 2024/3110 laying down harmonised rules for the marketing of construction products",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32024R3110",
      "accessed": "2026-10-04"
    },
    {
      "title": "Regulation (EU) No 305/2011 on harmonised conditions for the marketing of construction products (consolidated text of 29 May 2026)",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011R0305-20260529",
      "accessed": "2026-10-04"
    },
    {
      "title": "Regulation (EU) 2019/1020 on market surveillance and compliance of products (consolidated text of 12 August 2026)",
      "publisher": "EUR-Lex",
      "url": "https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02019R1020-20260812",
      "accessed": "2026-10-04"
    }
  ],
  "related": [
    "needs-ce-marking",
    "which-regulations-apply",
    "new-regulation",
    "language-requirements",
    "first-product-launch"
  ],
  "reviewer": "Conphora compliance team",
  "reviewedAt": "2026-10-04",
  "notice": "General information, not legal advice."
}