Use of a construction product
A construction product used as a permanent part of construction works must be:
- Safe and healthy
- Such in terms of its properties that the construction works will meet the essential technical requirements laid down in the Land Use and Building Act, provided that the building is appropriately designed, built and maintained
Suitability of a product
“Suitability of a product” refers to the characteristics of the product having been determined and declared in a manner which ensures that, when appropriately designed and used, the product can be used as part of a building or structure, and the final result will meet the specified requirements and regulations.
If a construction product is not considered suitable, the building supervision authority has the right to prohibit their use.
Some construction products can be CE marked, others can have national approval
The performance of construction products can be demonstrated with a CE marking or a national product approval.
CE marking is mandatory for construction products which falls within the scope of the harmonised European standard. If the product is not covered by a harmonised European standard, the national approval procedures, which are voluntary for the manufacturer, can be used.
The national product approval procedures include type approval, verification certificate and production quality control. The manufacturer may also apply for a voluntary European Technical Assessment (ETA) of a product not included in the scope of a harmonised standard. In such a case, the product will be CE marked.
The party implementing the construction project must verify on the construction site, that the construction product complies the specified essential technical requirements if the product’s characteristics has not been demonstrated by any other means. In such a case, the performance of the product can be demonstrated based on an approval by another EU Member State in compliance with the mutual recognition procedure, for example.
Roles and responsibilities
Party implementing the construction project
The party implementing the construction project is obligated to ensure that the building is designed and built in accordance with provisions on construction and the building regulations.
- The obligations of the party implementing the construction project include ensuring suitability of the construction products used. They must ensure that the selected construction product can be used for the construction works in question.
- The party implementing the construction project must have sufficient prerequisites to implement the project when considering the project’s degree of difficulty and have competent employees at their disposal.
- The designer must prepare the designs in a manner which ensures that the site-specific and statutory requirements are met. Designs must specify the characteristics and requirement levels for the construction product.
Contractor and party responsible for procurement
- The contractor is obligated to ensure that the requirements for the construction product are met and the construction product is suitable for the intended use. In the case of a CE-marked construction product, they must check from the declaration of performance that the requirements laid down in the designs are met.
Building control authority
- The building control authority is responsible for the supervise of construction work. The municipal building control authority shall monitor the use of construction products and notify Tukes of any incorrect use of the CE marking.
- The building control authority has duties specified by law in the approval of products’ suitability.
- The performance of a CE-marked construction product is verified furnished with a CE marking must be ensured based on the declaration of performance laid down in the Construction Products Regulation and the CE marking if the construction product is included in the scope of a harmonised European standard (hEN) or a European Technical Assessment (ETA) has been performed on the product.
- If the construction product is notCE-marked, the national approval procedures for construction products must be used.
- The building control authority does not have the right to demand that the characteristics of a product are demonstrated by any means that is voluntary for the manufacturer (type approval, verification certificate or production quality control). However, if the characteristics of a product has not been demonstrated by any of the above-mentioned means, the building control authority may request further information on whether the construction product meets the applicable essential technical requirements. The party implementing the construction project must bear any costs incurred.
Market surveillance authority
- Tukes is the market supervisory authority for construction products.
- If there is sufficient reason to believe that a construction product presents a risk for fulfilment of the basic requirements for construction works or if it does not comply with the type approval, verification certificate, production quality control, another voluntary certificate or a mutual recognition certificate, Tukes has the right require the importer, distributor, manufacturer or manufacturer’s authorised representative to take corrective actions to bring the product into compliance within a reasonable time. If the corrective action is not adequate, Tukes can prohibit or restrict the making available of the construction product on the national market or to withdraw the construction product from that market or to recall it.
- Tukes does not control construction or the correct use of construction products.