Legislation on building products

The aim of the legislation concerning construction products is to ensure that information available on such products is reliable and comparable, when the designer and developer are assessing the suitability of the products for their building project. An additional purpose of the legislation is to promote the sales of construction products in domestic and export markets.

EU Construction Products Regulation

EU Regulations are pieces of directly applicable legislation, which means that they are applied in the EU member countries in their original form. The central EU Regulation concerning construction products is the EU Construction Products Regulation, which will come into effect in its entirety on 1 July 2013, and repeal the Construction Products Directive 89/106/EEC. The Construction Products Regulation stipulates the methods of describing the properties of construction products and the requirements for the CE marking of construction products.

The aim of the Construction Products Regulation is to ensure the availability of accurate and reliable information on the performance levels and properties of construction products in a unified manner across Europe. The Regulation clarifies the use of the CE marking. A further goal of the regulation is to ensure the free mobility of construction products and remove trade barriers in the EU internal market.

  • Regulation ((EU) No 305/2011, EUR-Lex) of the European Parliament and Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC
  • Building product approval

Basic requirements for construction works

Annex I of the Construction Products Regulation lists the basic requirements for construction works. These basic requirements form the basis for the preparation of mandates, which are commissions to European standardisation organisations for creating harmonised product standards. The basic requirements also guide the preparation of European Technical Approvals (ETA).

The basic requirements are related to the following:

  • Mechanical resistance and stability
  • Safety in case of fire
  • Hygiene, health and the environment
  • Safety and accessibility in use
  • Protection against noise
  • Energy economy and heat retention
  • Sustainable use of natural resources

A harmonised product standard or ETA cannot include product properties other than those related to the basic requirements for construction works.

NLF Regulation of the European Parliament and Council

Regulation (EC) No 765/2008 of the European Parliament and Council sets out requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93, i.e. the NLF Regulation.

The NLF Regulation forms the basis for the legislation concerning the CE marking. It defines provisions regarding accreditation, monitoring of the markets, monitoring of products from third countries and the CE marking. Among other things, the regulation includes minimum requirements for arranging and implementing market monitoring, and confirms the general principles of the CE marking. It also contains the basic information on the visual appearance of the CE marking.

National regulations concerning construction products

Act on Violations Concerning CE markings

The Act on Violations Concerning CE markings (187/2010) sets forth the repercussions for using the CE marking in violation of the use specified in the above-mentioned NLF Regulation (EC) No 765/2008. The Act is applied to CE marking infringements, unless otherwise stipulated by other provisions.

The Act in part ensures the functionality of the NLF Regulation’s system as regards the CE marking. The Construction Products Regulation includes provisions regarding means of administrative enforcement, which are often the most efficient ways of reacting to CE marking violations.

  • Act on Violations Concerning CE markings (187/2010, in Finnish, Finlex)

Act on the Approval of Certain Construction Products

The Act on the Approval of Certain Construction Products (954/2012) will come into force on 1 July 2013. The Act applies to the approval of construction products used for construction purposes in cases where the products in question are not covered by the scope of application of harmonised product standards or a European Technical Approval arrangement for the products does not exist. The Act concerns construction products that cannot receive the CE marking for the above-mentioned reasons.

Lawful measures can be used to demonstrate that a construction product outside the scope of application of the CE marking meets the requirements of the Land Use and Building Act.

The act repeals the Act on the Approval of Construction Products (230/2003).

  • Act on the Approval of Certain Construction Products (954/2012, in Finnish, Finlex), effective as of 1 July 2013
  • Act on the Approval of Construction Products (230/2003, in Finnish, Finlex), repealed on 1 July 2013

Ministry of the Environment decree on the approval of certain construction products

This Decree, which is currently under preparation, specifies the Act on the Approval of Certain Construction Products. The aims of the Decree include the more specific regulation of the application of national approvals, as well as related decision, markings and monitoring.

The decree draft is currently going through the European Commission’s notification process as per Directive 98/34/EC. The reference number of the matter is 2013/171/FIN.

Further information

Senior Legal Adviser Kirsi Martinkauppi, tel. +358 295 250 177, firstname.lastname@ym.fi,
Senior Officer Mikko Koskela, tel. +358 295 250 051, firstname.lastname@ym.fi

Published 2013-07-30 at 13:26, updated 2016-07-22 at 15:01