Contents

• Market access for harmonised construction products under the Construction Products Regulation
• Construction products without CE marking under the Construction Products Regulation
• Planning, design and execution of construction works
• Building Codes and Technical Building Rules

The Construction Products Regulation (CPR) lays down harmonised rules for placing construction products on the market and making them available within the European internal market.

The CPR is particularly relevant for:

• products covered by harmonised standards (hEN) under the CPR;
• products with a European Technical Assessment (ETA).

Since 8 January 2026, the revised Regulation (EU) 2024/3110 – Construction Products Regulation 2024 (CPR 2024) has been generally applicable and repeals the provisions of its predecessor, Regulation (EU) No 305/2011 – Construction Products Regulation 2011 (CPR 2011).

However, in areas of particular relevance to the construction sector — notably the declaration of performance, CE marking and the activities of notified bodies — parallel regimes apply:

The ‘new’ procedures under CPR 2024 only apply once a construction product is covered by a harmonised standard, a European Assessment Document (EAD) or a corresponding fallback implementing act adopted under CPR 2024. In such cases, the manufacturer will draw up a declaration of performance and conformity (DoPC) under CPR 2024, apply the Assessment and Verification Systems (AVS) specified therein, and affix the CE marking accordingly.

For products for which the harmonised standard or the EAD was developed under CPR 2011, the provisions of that Regulation continue to apply with regard to the declaration of performance (DoP), CE marking and the Assessment and Verification of Constancy of Performance (AVCP).

If a product is fully covered by a harmonised standard under the CPR, the application of the CPR provisions is mandatory for the manufacturer. 

This usually means that the manufacturer must

• draw up a declaration of performance (CPR 2011) or a declaration of performance and conformity (CPR 2024),
• implement the assessment and verification procedures specified in the standard
• affix the CE marking to the product
• comply with the other provisions of the CPR.

A product may be CE-marked in accordance with a harmonised standard from the date on which the standard is published in the OJEU. From the date the standard becomes generally applicable, CE marking is mandatory.

• List of harmonised standards published in the OJEU under CPR 2011 and currently applicable
• List of harmonised standards published in the OJEU under CPR 2024 and currently applicable: To date, no standards have been published.

If manufacturers wish to affix CE marking to construction products that are not covered by a harmonised standard under CPR, they can use the European Technical Assessment (ETA). ETAs are voluntary. 

An ETA can be requested by individual manufacturers, groups of manufacturers, or industry associations with a Technical Assessment Body (TAB) of their choice. TABs are available in almost all EU Member States as well as in several partner countries.

• Information on the ETA route and contact details for all TABs in the English language are available on the European Organisation for Technical Assessment (EOTA) website.
• List of TABs is available on the European Commission’s NANDO page.

If a manufacturer chooses to affix the CE marking based on an ETA, the same rights and obligations apply as for CE marking based on a harmonised standard (see above).

For construction products that are not CE-marked under the CPR, national provisions regarding the use of construction products apply.

In Germany, manufacturers have to observe the relevant technical provisions, in particular the Technical Building Rules for construction products. 

Construction products that deviate significantly from the Technical Building Rules, or for which there are neither Technical Building Rules nor generally recognised technical rules, require regulatory verification of fitness for use, most commonly  a national technical approval – abZ.

More information on national technical approvals 

Products not covered by Union harmonisation legislation are subject to the free movement of goods under Article 34 of the Treaty on the Functioning of the European Union (TFEU) and, consequently, the principle of mutual recognition.

The principle of mutual recognition applies to a construction product if

• it is not subject to EU-wide harmonisation (i.e., it does not bear the CE marking)
• it has been lawfully placed on the market in another Member State of the European Union or the European Economic Area, Turkey, or Switzerland
• in accordance with that country’s national technical regulations.

Such a construction product meets the requirements set out under the Building Codes of the federal states and may be used if

• the requirements set out in the foreign national technical provisions are met and
• correspond to, i.e. are equivalent to, the requirements set out under the Building Codes of the federal states.

Equivalence also includes procedural requirements as well as requirements relating to the bodies for confirmation of conformity.

The planning, design and execution of construction works, or in other words the act of assembling construction products to form construction works, is regulated by the Member States. 

Under the CPR, Member States may neither prohibit nor impede the making available on the market or use of construction products bearing the CE marking when the declared performances correspond to the requirements for such use in that Member State.

In other words, the requirements for the use of construction products in construction works are laid down by the Member States as they are responsible for the safety of construction works.

If there are no conclusive technical rules for the planning, design and execution of construction works, it may be necessary under the Building Codes of the federal states to regulate aspects of the assembly of construction products to form construction works (construction technique) in addition to the product characteristics. This is the case, for example, when important functions of the construction works result from the interplay between different construction products.

More information on general construction technique permits (aBG)

The planning, design and execution of transport infrastructure, such as roads, tunnels, bridges, waterways and railway infrastructure, is subject to specific Technical Building Rules, Technical Terms of Delivery and additional contractual terms.

The German Federal Ministry of Transport (BMV) is responsible for the construction of transport infrastructure.

You can get information about these provisions from the responsible federal authorities, in particular the Federal Highway Research Institute (BASt) and the Federal Railway Authority (EBA).

In Germany, the Building Codes of the federal states lay down the general requirements for construction works and the use of construction products. These are further specified by the technical rules laid down in the State Administrative Provisions – Technical Building Rules. The 16 German federal states are responsible for the State Building Codes and the State Administrative Provisions – Technical Building Rules.

The Building Codes and the Technical Building Rules are based on a common model. To get an initial overview, you can consult the Model Building Code and the Model Administrative Provisions – Technical Building Rules.

The requirements of the federal state in which the construction project is carried out apply to its planning, design and execution. 

For construction products, the applicable requirements are also generally those of the federal state in which the construction product is used, i.e. installed. This includes requirements relating to the manufacturing process (e.g. Section 25 Model Building Code) or the manufacturer (e.g. Section 22 Model Building Code).