1.0 Introduction
These guidelines were developed to assist Market Surveillance Authorities in providing for a consistent approach to the implementation in Ireland of the market surveillance provisions of Regulation (EU) No. 305/2011 and Regulation (EU) No. 2024/3110 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products, Appendix I and the supporting domestic legislation comprising the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025). These Guidelines follow the principles in the Good Practice for Market Surveillance (August 2025)
1.1 Purpose of the Guidelines
1.1.1 These guidelines are issued by the National Building Control Management Project - Compliance Support Working Group. They are offered primarily as assistance to those working within building control to promote quality in public service delivery, with the main objective of providing clear guidance on a consistent national approach to authorised officers undertaking their functions under the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025).
Note on Legislative Transition: This statutory instrument revokes and replaces European Union (Construction Products) Regulations 2013 (S.I. No. 225 of 2013). S.I. No. 669 of 2025 strengthens the enforcement framework in Ireland, introducing robust powers for authorised officers to issue Enforcement Notices, extract digital supply chain records, and initiate criminal prosecutions, carrying statutory penalties not exceeding €500,000 and/or custodial sentences for non-compliant economic operators.
These guidelines provide guidance in respect of:
- Roles and responsibilities;
- Standardization and co-ordination nationally;
- Guidelines for dealing with serious risk and risk assessment;
- Sample letters of enforcement;
- On-site Inspection Report templates; and
- Examples of Declarations of Performance and Conformity (DoP/Cs) and modernised CE Marking workflows.
1.1.2 S.I. 669 of 2025 should be reading tandem with Regulation (EU) No. 2024/3110 (CPR 2024) of the European Parliament and of the Council, laying down harmonised rules for the marketing of construction products in the EU applying from 8th Jan 2026 with transitional arrangements for the repeal of Regulation (EU) No 305/2011(CPR 2011) with the exception of certain articles which will continue to apply until January 8, 2040; and Regulation (EU) 2019/1020 on market surveillance and compliance of products (MSR), to obtain a comprehensive view of the;
- obligations on economic operators (i.e. manufacturers, importers, distributors/retailers etc,);
- the requirements for the marketing of construction products (that fall within the remit of Regulation (EU) No. 2024/3110),
- the market surveillance procedures to be followed to support compliance and the
- powers conferred on building control authorities for the purposes of market surveillance.
These guidelines provide a comprehensive view of the updated obligations on economic operators; to include manufacturers, authorised representatives, importers, distributors, fulfilment service providers and online marketplaces; the digital tracking requirements for marketing construction products, the market surveillance procedures to be followed via the ICSMS database, and the enhanced powers conferred on building control authorities. These guidelines do not purport to be a final legal interpretation of CPR 2011 and Regulation CPR 2024. More comprehensive data is available on the European Commission’s single-market compliance portal:
Construction - Internal Market, Industry, Entrepreneurship and SMEs
1.1.3 These Guidelines were developed in collaboration with the 31 Market Surveillance Authorities via the three Regional Building Control committees the Department of Housing, Local Government and Heritage (DHLGH) and the National Building Control & Market Surveillance Office (NBCMSO).