Construction product law & building regulations

While the EU Construction Products Regulation contains product-related requirements for the marketing and trade of harmonised construction products, the state building regulations govern the requirements for the use of these products. The usage requirements of the state building regulations are regularly specified in special building regulations or the Administrative Regulation on Technical Building Regulations (VV TB). In addition, the state building regulations provide for approval and licensing procedures for certain types of construction and construction products that do not fall within the scope of the EU Construction Products Regulation (e.g. general building approvals, general building inspection certificates, type approvals).

We support manufacturers, importers and distributors with the legally compliant design and market launch of new products, as well as in legal disputes with market surveillance authorities and in competition law proceedings. Within this framework, we also provide support in determining the building regulations requirements for the intended use of construction products. In doing so, we do not lose sight of the civil law implications in the supply chain. Another focus of our work is providing strategic advice to trade associations. We have particular experience in the areas of plant-related fire protection, insulation materials, wood, doors, windows and fittings, and ventilation systems.

What does construction product law regulate?

While Regulation (EU) 305/2011 (EU Construction Products Regulation, EU-BauPVO) contains product-related requirements for the marketing and trade of harmonised construction products, the state building regulations govern the requirements for the use of these products.

The requirements for use in the state building regulations are regularly specified in special building regulations or the Administrative Regulation on Technical Building Regulations (VV TB). In addition, the state building regulations provide for approval and licensing procedures for certain types of construction and construction products that do not fall within the scope of the EU Construction Products Regulation (e.g. general building approvals, abZ; general building inspection certificates, abP; type approvals, aBG). The requirements apply to all economic operators, from manufacturers to distributors. Users of construction products, such as architects, may also be affected by the regulations.

How can we assist you in marketing construction products?

We support manufacturers, importers and distributors with the legally compliant design and market launch of new products, as well as in legal disputes with market surveillance authorities and in competition law proceedings. We determine the applicable legal framework for the respective construction product and check the products from a formal point of view (e.g. completeness and correctness of CE markings and declarations of performance or Ü-marks). We also provide support in the run-up to market entry in determining the building regulations requirements for the intended use of the construction products. On this basis, we can also provide strategic advice on the correct application for a certificate of suitability or a European Technical Assessment (ETA). In our advice, we never lose sight of the civil law implications in the supply chain. Another focus of our work is strategic advice to trade associations. In addition to project-related advice, we also represent our clients in and out of court.

What experience do we have?

We have particular experience in the areas of plant-related fire protection, insulation materials, wood, doors, windows and fittings, and ventilation systems.

Please refer to our product law case law report and our client information on current developments in product safety law.

‘As our core competencies lie in both product law and circular economy law, we have particular expertise in the circular value creation of building materials.’