One of the most common questions manufacturers ask when they start exploring CE marking is deceptively simple: “Do I actually need it?”
The answer is not always straightforward. Not every construction product requires CE marking, but for those that do, it is a legal obligation — not an option. Getting this wrong in either direction costs time and money: rushing into CE marking for a product that doesn’t need it wastes resources, while skipping it for a product that does puts your entire market access at risk.
This guide walks you through a clear, practical five-step process to determine whether CE marking applies to your construction product.
Step 1: Is your product a ‘construction product’ under the CPR?
The starting point is the definition in the Construction Products Regulation (CPR). A construction product is any product or kit that is:
Manufactured to be permanently incorporated into construction works (buildings or civil engineering structures), and
Whose performance affects the performance of the construction works with respect to the basic requirements.
“Permanently incorporated” is the key phrase. A product that is installed and intended to remain in place for the life of the building or structure is almost certainly within scope. A product that is temporary, moveable, or only used during construction (like formwork or scaffolding) is generally not.
If your product is not a construction product under this definition, you stop here — CE marking under the CPR does not apply. Note that your product may still require CE marking under a different EU directive (for example, the Machinery Regulation or the Low Voltage Directive), but that is a separate assessment.
Step 2: Is there a harmonised standard (hEN) that covers your product?
This is the most critical step. CE marking under the CPR is only mandatory when a harmonised European standard (hEN) exists for your product type and has been published in the Official Journal of the EU (OJEU) with a date of applicability.
A harmonised standard defines the essential characteristics that must be assessed for your product type, the test methods to use, and the AVCP (Assessment and Verification of Constancy of Performance) system that applies.
How to check:
Search the European Commission’s Official Journal for harmonised standards under the CPR (search for “305/2011”).
Check the NANDO (New Approach Notified and Designated Organisations) database.
Search the CEN (European Committee for Standardisation) catalogue for EN standards relevant to your product category.
There are currently over 440 harmonised standards under the CPR, covering product families from structural steel (EN 10025) to roof windows (EN 14351) to wood-based panels (EN 13986). If a standard exists and is listed in the OJEU, CE marking is mandatory once the co-existence period has ended.
Important: if a harmonised standard exists but your product falls outside its specific scope, it does not apply to you. Scope is defined in the standard itself (usually in Clause 1) and must be read carefully.
Step 3: Does your product fall within the standard’s scope?
Finding a harmonised standard with a relevant-sounding title is not enough. You must verify that your specific product — with its intended use, construction, and characteristics — falls within the standard’s defined scope.
Scope boundaries to check include:
Product type: does the standard cover your specific product category or family?
Intended use: is your product’s intended application covered (e.g. internal vs external use, load-bearing vs non-load-bearing)?
Materials and construction: some standards apply only to products made from specific materials.
Exclusions: most standards explicitly list what is excluded.
If your product does not fall within the standard’s scope, CE marking under that standard is not applicable (and in fact must not be applied). You would then need to check whether another standard covers it, or move to Step 4.
Step 4: No harmonised standard? Consider the ETA route
If no harmonised standard covers your product, CE marking via the standard route is not possible. However, if your product is innovative or otherwise lacks a standard, you may be able to obtain a CE mark through a European Technical Assessment (ETA).
An ETA is issued by a Technical Assessment Body (TAB) based on a European Assessment Document (EAD) developed specifically for your product. This route is more complex, longer, and more expensive than the harmonised standard route, but it is the correct path for genuinely novel products.
If neither a harmonised standard nor an ETA route is available or applicable, CE marking under the CPR is not required for your product. You may still be able — and required — to comply with national technical approvals in each individual EU member state, but that is outside the CPR framework.
Step 5: Check whether CE marking has become mandatory yet
Even when a harmonised standard exists and your product is within its scope, CE marking does not necessarily become mandatory immediately. There is typically a transition period — known as a co-existence period — during which both the old national standards and the new harmonised standard are valid.
Once the co-existence period ends (the “end of co-existence” date is published in the OJEU), CE marking becomes mandatory and national marks can no longer be used instead.
You must therefore check not just whether a standard exists, but whether its mandatory date has passed. For standards currently in co-existence, CE marking is voluntary but increasingly expected by buyers and specifiers.
The five steps: a quick reference
Step Question to ask If NO
1 Is my product permanently incorporated into construction works? CE marking under the CPR does not apply.
2 Is there a harmonised standard (hEN) listed in the OJEU that covers my product type? Check whether an ETA route (Step 4) is available.
3 Does my product fall within the defined scope of that standard? CE marking under that standard does not apply. Check other standards.
4 If no hEN: is an EAD/ETA available for my product? CE marking under the CPR is not required.
5 Has the co-existence period for the standard ended? CE marking is voluntary (but recommended). Becomes mandatory once co-existence ends.
Three common mistakes to avoid
1. Assuming CE marking is always required
Some manufacturers apply CE marking to products that fall outside the scope of any harmonised standard. This is not only unnecessary — it is actually prohibited. Affixing CE marking to a product for which it is not required is a regulatory offence and can expose you to enforcement action.
2. Confusing product name with standard scope
A standard’s title may sound like it covers your product, but the scope clause is what actually matters. Always read Clause 1 of any candidate standard carefully before concluding it applies. Products with very similar names can fall under entirely different standards — or none at all.
3. Missing the co-existence end date
Manufacturers sometimes discover a harmonised standard exists for their product, assume CE marking is therefore already mandatory, and rush into the process without checking the dates. In some cases the standard may still be in co-existence, giving more time to prepare. In others the deadline may have already passed, making every day of non-compliance a legal risk.
What to do once you know CE marking applies
If you have worked through these five steps and confirmed that CE marking is required for your product, the next stages are:
Identify the relevant essential characteristics from the harmonised standard.
Determine your AVCP system and whether a Notified Body needs to be involved.
Carry out or commission the required testing and assessment.
Set up your Factory Production Control (FPC) system.
Draw up your Declaration of Performance (DoP).
Affix the CE mark and place your product on the market.
We will cover each of these stages in detail in upcoming articles. For now, the most important thing is to make sure your scope determination is correct — because everything else builds on it.
Summary
CE marking under the CPR is mandatory when a harmonised standard covers your product type, your product falls within that standard’s scope, and the co-existence period has ended. For products not covered by any harmonised standard, an ETA may be available — but CE marking is not required where no applicable technical specification exists.
When in doubt, always check the OJEU and read the scope clause of the candidate standard carefully. And if you are not sure, getting expert advice early will save you significant time and cost down the line.
Not sure whether CE marking applies to your product?
At CEProCon, we help manufacturers carry out scope determinations and navigate the full CE marking process for construction products. If you would like a clear, expert assessment of your situation, get in touch.
contact@ceprocon.com • ceprocon.com