Spain Updates Construction Products Safety and Compliance Rules

Spain has issued new regulatory measures targeting construction products to align with EU harmonized standards and update national requirements for safety and performance.

Compliance Analysis: Spain’s New Regulatory Measures for Construction Products

Spain has introduced a Royal Decree laying down provisions relating to construction products (hereinafter, the "Decree") to implement Regulation (EU) 2024/3110 (the "EU Construction Products Regulation") and update national requirements for products not covered by EU harmonized standards. The Decree establishes obligations for manufacturers, importers, and distributors, defines market surveillance mechanisms, and introduces a penalty system to ensure safety and performance compliance.

1. Scope and Objectives

The Decree serves two primary purposes:

1. Implementation of EU Regulation (EU) 2024/3110:
   • Clarifies national provisions for construction products subject to EU harmonized rules, including the new "Declaration of Performance and Conformity" (replacing the previous "Declaration of Performance" under Regulation (EU) No 305/2011) and CE marking^{1, 2}.
   • Addresses aspects requiring national development, such as the penalty system and integration with Spain’s building codes².
2. National Requirements for Non-EU-Regulated Products:
   • Establishes safety and performance standards for construction products not covered by EU regulations, including certain cements, steel reinforcements, gas detectors, and fire-performance products².

Rationale: The Decree aims to ensure safety, human health, and compliance with Spain’s national building codes while maintaining coherence with EU harmonized standards².

2. Key Requirements

A. Products Covered by EU Regulation (EU) 2024/3110

1. Declaration of Performance and Conformity:
   • Manufacturers must provide a new model of declaration (replacing the previous EU Declaration of Performance) and affix CE marking to products covered by the EU Regulation¹.
   • The declaration must include all mandatory characteristics required by the EU Regulation and any voluntary or use-specific characteristics mandated by Spanish national regulations (e.g., building codes or installation rules)¹.
   • Exceptions:
   • Products manufactured by unit or to order (non-series production) for a specific construction project may omit the declaration and CE marking if:
   • The product is installed under the manufacturer’s supervision.
   • The responsible parties for the construction project agree in writing.
   • National regulations (e.g., building codes) permit the exception for the product’s intended use¹.
   • Products used for heritage conservation (e.g., restoration of protected buildings) may also qualify for exemption if national regulations allow it¹.

1. Obligations for Economic Operators:
   • Manufacturers: Responsible for drafting the declaration, ensuring conformity, and affixing CE marking¹.
   • Importers/Distributors: Must verify that products bear the CE marking and are accompanied by the required documentation¹.

1. Market Surveillance:
   • Competent authorities in Spain’s Autonomous Communities are responsible for monitoring compliance with the EU Regulation, in accordance with Article 14 of Law 21/1992 on Industry¹.

B. Products Not Covered by EU Regulations

1. National Requirements:
   • The Decree establishes specific national standards for products not regulated by the EU, including:
   • Certain cements, steel reinforcements, gas detectors, valves, and fire-performance products².
   • These products must comply with safety and performance requirements set out in the Decree and related national technical standards (e.g., UNE standards)^{1, 2}.

1. Conformity Assessment and Certification:
   • Certification Process:
   • Manufacturers must obtain a certificate of conformity from a notified body or control body authorized under Royal Decree 2200/1995 (Industrial Quality and Safety Infrastructure Regulation)¹.
   • The certification process includes:
   • Technical checks, sampling, and testing to verify compliance with national requirements.
   • Issuance of a certificate by the control body, which must maintain a publicly accessible list of certified products¹.
   • Ongoing Obligations:
   • Manufacturers must ensure products remain compliant and take corrective action (e.g., withdrawal, recall) if non-compliance is detected¹.
   • If a certificate is withdrawn, the manufacturer may appeal to the Autonomous Community authority that authorized the control body¹.

1. Market Surveillance:
   • Autonomous Communities conduct technical checks, sampling, and testing to verify compliance with national requirements¹.

C. Penalty System

• Non-compliance with the Decree’s requirements (e.g., failure to obtain certification, incorrect CE marking, or unsafe products) may result in sanctions under Title V of Law 21/1992 on Industry¹.
• Authorities may order corrective measures (e.g., product adaptation, withdrawal, or recall) if a product is found to pose a safety risk¹.

3. Timeline and Implementation

4. Summary Answer

Spain’s Royal Decree laying down provisions relating to construction products aligns national regulations with Regulation (EU) 2024/3110 by introducing a new Declaration of Performance and Conformity and CE marking for EU-regulated products^{1, 2}. For products not covered by EU rules (e.g., certain cements, steel reinforcements, and fire-performance products), the Decree establishes national safety and performance requirements, including mandatory certification by authorized control bodies^{1, 2}. Market surveillance is delegated to Autonomous Communities, and non-compliance may result in sanctions under Law 21/1992 on Industry¹. The Decree is expected to enter into force in late 2026 or early 2027². Stakeholders may submit comments until 7 April 2026².

Sources

1. ↩ WTO TBT notification 26-00770 — Spain https://members.wto.org/crnattachments/2026/TBT/ESP/26_00770_00_e.pdf
2. ↩ Real Decreto por el que se establecen disposiciones relativas a los productos de construcción. https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/TBTN26/ESP56.pdf&Open=True