Construction firms sweat on Shapps’ CE mark decision with rival department to have final say on move

The government department in charge of construction products will decide shortly whether a decision by Grant Shapps to carry on using the CE mark for another two years will apply to the sector as well.

Yesterday the business secretary said the existing CE mark, which was due to be replaced by the new UKCA mark from next January, will still be in use until the beginning of 2025.

The new regime, which had already been postponed for 12 months, will eventually require all new or updated construction products to be tested in UK facilities in order to be legally sold on the UK market and will replace the current CE mark, introduced in 1985.

But it has been dogged by worries that the UK does not have enough capacity for certain products to be tested and yesterday’s announcement by Shapps brought an initial wave of relief among businesses.

After the announcement, one chief executive of a major contractor told Building: “Common sense has prevailed. The focus must be on where value can be added through a change, rather than a focus on a wholesale change.”

But the final say on whether the CE mark can still be used on construction products now rests with the Department for Levelling Up, Housing and Communities (DLUHC).

A spokesperson confirmed to Building: “DLUHC is considering its approach in relation to CE marking of construction products.”

No timetable has been given for when it will announce its decision but it will have to be before 1 January next year – given that is the deadline for the new UKCA mark to come into force.

Very sensible decision from @grantshapps. There is no reason at all, & never has been, why we should not continue to accept EU-approved goods in most areas for a long time to come. 1/2 https://t.co/JYqB0aHHi9

— David Frost (@DavidGHFrost) November 14, 2022

Construction Products Association chief executive Peter Caplehorn told Building “it would be good” if it DLUHC’s decision followed that of the business department.

He added the issue of testing capacity around products such as glass, sealants and radiators had not gone away.

“Not all products can be tested in the UK […] none of that has been addressed,” said Caplehorn. “We have been working on this now for two and a half years [and] it has been immensely frustrating.”

BEIS’ announcement, which covers a range of product sectors including electronics and lift manufacturers, was welcomed by many including the government’s chief Brexit negotiator Lord Frost, who called Shapps’ intervention “very sensible” and said the UK should “accept EU-approved goods in most areas for a long time to come”.

Others have used the decision to call for the entire UKCA initiative to be ditched altogether. One boss told Building: “If a company is making products for the UK and exporting them here, then it is doubling their bureaucracy because they’re making products for the CE mark market and exactly the same product for a UKCA market. It’s madness. I’m struggling to see what the benefit is for the UK. Prices will just go up.”