Further delay to deadline for new UKCA marking on construction products

Use of the UKCA mark, which demonstrates that products comply with product safety regulations in Great Britain, originally became mandatory on 1 January 2022. In August 2021, however, the deadline was extended by a year, to 1 January 2023. That period has now been further extended to June 2025 for construction products. Fiona Cameron of Pinsent Masons said that, while the delay was welcome news for industry, “questions remain, not least on the resourcing and capacity for testing in Great Britain.”

The government had previously announced its intention to allow manufacturers of construction products under Assessment and Verification of Constancy of Performance (AVCP) system 3 – such as radiators, sealants and tile adhesives – whose products are tested by an EU notified body before 1 January 2023 to obtain a UKCA mark without having to retest through a UK-approved body.

While this measure is no longer to be introduced, the government has confirmed in its updated guidance that, until further notice, the Office for Product Safety and Standards will not take enforcement action solely where the UKCA mark has been used on construction products tested only by an EU recognised notified body for the purpose of CE marking where this testing was done before 31 December 2022. 

As a result, both the UK marking and the CE marking will be recognised in Great Britain until 30 June 2025. Manufacturers will need to affix the UK marking using a UK approved body; affix the CE marking with UK (Northern Ireland) indication using a UK approved body; or affix the CE marking using an EU recognised notified body.

Where, under AVCP system 4, no third-party conformity assessment is required, the manufacturer can choose whether to affix the UK marking or, until 30 June 2025, the CE marking, provided that the underlying requirements are met.