As a result of the CJEU judgement on case C-100/13 from October 2014, in October 2016 the German building regulations were adjusted and the Administrative Rules – Technical Building Regulations (VV TB) were created.
There is one thing in particular that manufacturers should be aware of
Construction products within the scope of a harmonised technical specification (hEN, EAD, ETAG) will receive only the CE marking in accordance with the Construction Products Regulation (CPR). Shared marking with the Ü mark in accordance with state building regulations is no longer provided for.
National verifications of fitness for use
General Technical Test Certificates (including those issued by MFPA Leipzig GmbH), General Technical Approvals or approvals on a case-by-case basis can still be used outside of the state building regulations in the form of technical documentation to demonstrate the level of general technical requirements met. However, this requires that the provisions specified therein continue to be complied with.
Voluntary technical documentation
Manufacturers can use technical documentation (including existing General Technical Test Certificates or General Technical Approvals, for example) to present performance specifications that are not included in the requirements of a harmonised specification and a Declaration of Performance. However, this documentation is only recognised if it has been created by an independent body (e.g. by a notified body) in accordance with Article 30 or Article 43 of the CPR. This is specified, for instance, in the decree from the Saxon State Ministry of the Interior from 14/10/2016.
Stability and fire protection
As a result of this, third-party monitoring of manufacturing plants and regular product tests performed by independent testing, verification and certification bodies, such as MFPA Leipzig GmbH, will continue to help ensure that compliance with the requirements of public law (e.g. with regard to stability or fire protection) can be demonstrated as before.
Verifications of product performance
Contracts relating to the monitoring of manufacturing plants and certification of products will not be automatically dissolved, provided the basis of the contract continues to be applicable (e.g. during the period of validity of a General Technical Approval). Even more importantly: Results from tests, verifications and certifications will continue to be valid as verifications of product performance.
The ETA as a market advantage
The European Technical Assessment (ETA) is a universally recognised technical verification system that offers manufactures and users the opportunity to use voluntary CE marking for products not covered by an existing harmonised specification.
MFPA Leipzig GmbH is joining the German Institute for Structural Engineering (DIBt) on the path to voluntary CE marking.
Whether it relates to building regulations, private law or contractual law:
MFPA Leipzig GmbH is here to help manufacturers, planning professionals, architects, public authorities and all other parties involved in construction to verify whether construction regulations have been complied with, as: