3.4 Stage 2 - Initial site visits, inspections and marketplace sampling

Initial inspections and sampling activities provide an opportunity to verify information gathered during the preliminary assessment, identify the relevant economic operator and assess the construction product and its accompanying documentation in the marketplace. Activities should be proportionate to the purpose of the investigation and the level of information already available.

3.4.1     A site visit and inspection may be carried out: 

1. at random, where an authorised officer is in a particular locality and may decide to visit an economic operator to raise awareness of, or check compliance with, the requirements of CPR 2011 and CPR 2024,
2. in accordance with the provisions of a national market surveillance strategy and local market surveillance plans adopted pursuant to Article 13 of Regulation (EU) 2019/1020, setting out strategic priorities over a specified period of time (e.g. an annual plan), or 
3. on receipt of a complaint against an economic operator, including those received through the centralised European Union complaints portal or forwarded by the Department of Housing, Local Government and Heritage (DHLGH).

Site visits under Stage 2 are less formal, focusing on institutional awareness and fact-finding, utilizing the statutory powers granted under Regulation 9 of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025)). These are distinct from Stage 4 formal enforcement inspections, which are undertaken under caution to gather evidence for potential prosecution.

If clear objective evidence of non-compliance is identified during the Stage 1 desktop study, a Market Surveillance Authority may bypass the initial Stage 2 site visit and proceed directly to Stage 3 and Stage 4 enforcement to optimize regulatory resources.

3.4.2     Site inspections and fact-finding

3.4.2.1     In advance of undertaking a random site inspection for general fact-finding purposes, an authorised officer shall ensure that he/she is familiar with all relevant provisions of CPR 2011, CPR 2024, Chapter V of Regulation (EU) 2019/1020, and the European Union (Construction Products) Regulations 2013 and 2025, in particular, the enforcement and inspection powers set out under Regulation 9 of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025).

3.4.2.2     In accordance with Regulation 8 of (S.I. No. 669 of 2025, officers must carry their official warrant of appointment. To maximize operational efficiency, the formal caution detailed in section 3.6.3.3 may be incorporated directly onto the physical warrant. This ensures the economic operator is explicitly informed from the outset that any technical data, records, or statements provided during the inspection can be used in evidence if non-compliance gives rise to legal proceedings under the 2025 Regulations or Union frameworks.

3.4.2.3     The authorised officer should visit the premises, fulfilment facilities, online/digital distribution nodes, or vessel, whether unannounced or by appointment, of a prospective business after first investigating if the company is an economic operator within the meaning of CPR 2011 and CPR 2024. At the site, the authorised officer should request to speak to an appropriate member of staff with regard to the economic operator’s obligations under the relevant Union harmonisation legislation. The authorised officer should then proceed to carry out an inspection of the premises or vessel, accompanied by the appropriate staff member. During the inspection, the authorised officer should make enquiries to verify the nature of the economic operator’s business, and to confirm: 

1. the economic operator is either a manufacturer, importer, distributor, authorised representative, or fulfilment service provider within the meaning of CPR 2011 and CPR 2024,
2. the construction products targeted for inspection are either manufactured at, imported to, distributed from, or stored within the premises or vessel under inspection,
3. the relevant harmonised technical specifications or Union harmonised technical specifications applicable to the construction products targeted for inspection,
4. that Declarations of Performance and Conformity (DoP/C) or machine-readable Construction Digital Product Passports (DPP) are available in respect of the construction products targeted for inspection, and
5.  that the CE marking and any required ecological labels have been applied to the construction products targeted for inspection (or to their packaging or accompanying data profiles as the case may be).

All information gathered during the initial site inspection should be recorded on the initial site inspection report (see Appendix XII).

3.4.2.4     The authorised officer must establish whether the operator controls other logistics hubs or fulfillment centers within the state. Mapping these locations is essential to coordinate joint enforcement or market sweeps via the NBCMSO and the cross-border ICSMS framework.

3.4.2.5     The authorised officer should provide a brief overview of the requirements on the economic operator under CPR 2011, CPR 2024, and the supporting domestic Regulations. Copies of the updated Information Note on the Construction Products Regulations can be provided to the appropriate staff member.

3.4.2.6     At the conclusion of the inspection, the officer shall secure a primary point of contact and advise if any of the following enforcement documents will be formally served: 

1. a request requiring the furnishing of technical documentation, i.e. Declaration of Performance and Conformity (DoP/C), certificate of constancy of performance, certificate of conformity of the factory production control, test reports, or environmental product declarations (EPDs) (see Appendix XXI),
2. a request requiring the furnishing of explanations or supplementary information in connection with the provision of technical documentation or data structures (see Appendix XXI), or
3. a notice in writing outlining the statutory obligations imposed on the economic operator and setting out the corrective actions that need to be taken by the economic operator and how compliance can be demonstrated (see Appendix XX).

As set out in section 3.4.2.3, during the inspection, the authorised officer should fill out an initial site inspection report, which should inform the appropriate course of action to be undertaken by the market surveillance authority.  Where the evidence gathered from the initial site inspection would appear to suggest a non-compliance, the authorised officer should advise the staff member at the end of the site inspection that a non-compliance with CPR 2011, CPR 2024 and the supporting European Union (Construction Products) Regulations 2013 may result in legal action being taken by the market surveillance authority in the event that the economic operator fails to comply with any follow-up actions proposed by the market surveillance authority.

3.4.2.7     Following an inspection of an economic operator by an authorised officer, a file should be opened on the company concerned. A copy of the authorised officer’s initial site visit and inspection report should be included on the file, and relevant investigation data shall be logged in the ICSMS database in accordance with Article 34 of Regulation (EU) 2019/1020.

3.4.3     Refusal of entry

3.4.3.1     If an authorised officer is refused entry by an economic operator to the place of manufacture, fulfilment, digital distribution registry, or storage of a construction product, he/she can either:

1. make an appointment to carry out the inspection at a more convenient time, provided the delay does not compromise market surveillance effectiveness or risk mitigation, or
2. use his/her statutory powers as an authorised officer to gain entry under Regulation 9 of the European Union (Construction Products) Regulations 2025 (S.I. No. 669 of 2025).

3.4.3.2     If entry is still refused, he/she should advise the person that it is a statutory offence under Regulation 16 of the European Union (Construction Products) Regulations 2025 to obstruct, impede, or fail to comply with a lawful requirement of an authorised person. The authorised officer should refer to the High Court or District Court warrant provisions under Regulation 10 of the European Union (Construction Products) Regulations 2025 to secure entry by force if necessary, under a judicial warrant.