CHAPTER II

DECLARATION OF PERFORMANCE AND UK MARKING

Derogations from drawing up a declaration of performance
Article 5
By way of derogation from Article 4(1) and in the absence of any enactment or rule of law in the United Kingdom in respect of Great Britain requiring the declaration of essential characteristics where the construction products are intended to be used, a manufacturer may refrain from drawing up a declaration of performance when placing a construction product covered by a designated standard on the market where:
1. the construction product is individually manufactured or custom-made in a non-series process in response to a specific order, and installed in a single identified construction work, by a manufacturer who is responsible for the safe incorporation of the product into the construction works, in compliance with the applicable enactment or rule of law in the United Kingdom in respect of Great Britain and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable enactment or rule of law in the United Kingdom in respect of Great Britain;
2. the construction product is manufactured on the construction site for its incorporation in the respective construction works in compliance with the applicable enactment or rule of law in the United Kingdom in respect of Great Britain and under the responsibility of those responsible for the safe execution of the construction works designated under the applicable enactment or rule of law in the United Kingdom in respect of Great Britain; or
3. the construction product is manufactured in a traditional manner or in a manner appropriate to heritage conservation and in a non-industrial process for adequately renovating construction works officially protected as part of a designated environment or because of their special architectural or historic merit, in compliance with the applicable enactment or rule of law in the United Kingdom in respect of Great Britain.
Word in Ch. 2 heading substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 5 (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 7(2)(a) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 6, 17); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 5 substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 7(2)(b) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 para. 17); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(a) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 7(3) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 6, 17); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(b) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 7(3) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 6, 17); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(c) substituted (31.12.2020) by The Construction Products (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/465), reg. 1, Sch. 1 para. 7(3) (with Sch. 1 para. 70) (as amended by S.I. 2020/1359, reg. 1, Sch. 1 paras. 6, 17); 2020 c. 1, Sch. 5 para. 1(1)