2.0 Role of the Market Surveillance Authority

Market Surveillance Authorities are construed in accordance with Regulation 6 of S.I. No. 669/2025 - European Union (Construction Products) Regulations 2025, which designates the 31 Building Control Authorities as Market Surveillance Authorities for construction products within their administrative area. Dublin City Council/National Building Control and Market Surveillance Office – NBCMSO is also a Market Surveillance Authority with a National remit.  

“Authorised Officers” are persons appointed in accordance with Regulation 8 to be an authorised officer for the purpose of carrying out Market Surveillance of Construction Products listed in: 

• CPR 2011 “ANNEX IV PRODUCT AREAS AND REQUIREMENTS FOR TABS Table 1 - REGULATION (EU) NO. 305/2011” & CPR 2024 “ANNEX VII List of product families” - Appendix I and Appendix II of these Guidelines. 
• "How to search for European Assessment Documents on construction products" - Appendix III of these Guidelines.
• Ref also to "“Circular Letter BC01-2026 Date:  7 January 2026 RE: Implementation of the Construction Products Regulation 2024 (Regulation (EU) 2024/3110)” - Appendix IV of these Guidelines
• MS_Template for Authorised Officer Appointment under 669 of 2025 - Appendix V of these Guidelines 

“Market surveillance” means the activities carried out and measures taken by a market surveillance authority to ensure that construction products, 

1. comply with the requirements set out in the Construction Products Regulation 2011 or the Construction Products Regulation 2024, and 
2. do not endanger health, safety or any other aspect of public interest protection; 

2.1 Key Principles 

The key principals outlined follow those in the Good Practice for Market Surveillance (August 2025).

2.1.1 CPR 2011 and CPR 2024 (New Legislative Framework (NLF)) is one of the most important legislative instruments supporting competitiveness and innovation within the European Union, i.e., by harmonising conditions for the marketing of construction products and to removing obstacles to trade between Member States.  The NLF updates and aligns the legal obligations of economic operators with wider Union product legislation, introducing robust provisions for market surveillance, including a centralised Union complaint portal, to increase legal certainty and avoid diverging national interpretations. Consequently, the NFL impose obligations on economic operators, namely manufacturers, authorised representatives, importers, distributors, and fulfilment service providers. 

2.1.2 CPR 2011 and CPR 2024 do not regulate the use or installation of construction products. When a construction product is incorporated into construction works (e.g., a building or civil engineering work), the design, execution, and performance criteria of the works are governed strictly by both the national provisions/rules (in Ireland these are in the form of Standard Recommendations i.e. S.Rs e.g. “SR 16 GUIDANCE ON THE USE OF I.S. EN 12620:2002+A1:2008 – AGGREGATES for use in construction and the Building Regulations. A simple way of understanding where the powers under market surveillance end and where the powers under the Building Control Acts commence is outlined in Figure 1 below.  

For further guidance, refer to:

•  ADCO CPR Reg. (EU) No. 305/2011 & Reg (EU) 2024/3110 Guidelines for Risk Assessment of Harmonised Construction Products - with Index, Appendix VI of these Guidelines and
• “National Guidance to Harmonised Standards falling under remit of Construction Products Regulation (EU) No 305/2011” Appendix VII of these guidelines.