OPSS research: Enhancing the regulation of custom-made construction products

In this article, BWF Technical Director Kevin Underwood discusses the significant research being conducted by the Office for Product Safety and Standards (OPSS) to enhance the regulation of custom-made construction products

BWF Technical Director Kevin Underwood

By focusing on bespoke and heritage projects, this study aims to clarify rules, streamline processes and support better compliance for manufacturers and designers. 

The OPSS, part of the Department for Business and Trade, is undertaking this research to develop its regulatory approach to construction products, ensuring effective interventions and sound regulatory decision-making. The scope of the study likely encompasses both current routes to conformity marking – i.e., CE and UKCA. Initially, the focus will be on bespoke construction products, with the research set to review current practices regarding the interpretation of the term “bespoke” and assess how these practices align with the existing regulatory framework, specifically products falling under Article 5 of the Construction Products Regulation (CPR).

The research aims to provide insights into the following:

• How the industry interprets, understands and applies Article 5 derogations within the CPR;

• The frequency of use of Article 5 derogations;

• The routes used by specifiers or designers when specifying bespoke construction products in buildings.

This research will involve interviews with a range of stakeholders, including developers, trade associations, manufacturers and other relevant parties.

Timber windows and external doorsets – as well as those made from other materials – are covered under the designated product standard BS EN 14351-1:2006+A2:2016 – Windows and doors: Product standard, performance characteristics, windows and external pedestrian doorsets – for general, non-fire, performance. Those with additional fire characteristics fall under the designated product standard BS EN 16034:2014 – Pedestrian doorsets, industrial, commercial, garage doors, and openable windows: Product standard, performance characteristics, fire resisting and/or smoke control characteristics.

The consolidated version of Regulation (EU) 305/2011, known as the Construction Products Regulation, which applies to Great Britain, states in Article 4(1): “When a construction product is covered by a designated standard or conforms to a UK Technical Assessment which has been issued for it, the manufacturer shall draw up a declaration of performance when such a product is placed on the market.”

Article 4(2) adds: “When a construction product is covered by a designated standard or conforms to a UK Technical Assessment which has been issued for it, information in any form about its performance in relation to the essential characteristics, as defined in the applicable harmonised technical specification, may be provided only if included and specified in the declaration of performance, except where, in accordance with Article 5, no declaration of performance has been drawn up.”

Article 5 provides three derogations or relaxations from Article 4. However, the complex wording has led to low uptake, as identified in a 2016 European Commission study, which raised concerns that the expected reduction in financial and administrative burdens for companies hasn’t materialised.

The three circumstances under which derogations can be applied are as follows:

A) The construction product is individually manufactured or custom-made in a non-series process in response to a specific order and installed in a single identified construction work;

B) The construction product is manufactured on the construction site for its incorporation into the respective construction works;

C) The construction product is manufactured in a traditional manner or in a manner appropriate to heritage conservation, using a non-industrial process to renovate construction works officially protected as part of a designated environment or due to their special architectural or historic merit;

It’s important to note that these derogations don’t apply to products that are part of a window or external door system and differ only in size or the arrangement of fixed or opening elements.

The outcomes of this research could lead to clearer application of these derogations and simplify the responsibilities imposed by the CPR for manufacturers working on truly bespoke projects, those employing traditional or artisanal skills, or those focused on heritage and conservation.

The BWF will respond to the survey on behalf of its members and keep them informed about any developments in the regulation of construction products resulting from this work.

For further information, visit the BWF website: www.bwf.org.uk.