Scottish Construction Calls for Rethink on UKCA Mark

CALLING FOR A RETHINK on the UKCA mark, Scottish construction businesses want the Scottish Government to intervene to allow historic product test data to be accepted for the new certification being imposed after the end of the year.

The Construction Industry Collective Voice (CICV) has written to Business Minister, Ivan McKee requesting assistance before the UK Conformity Assessed (UKCA) arrangements that replace CE marking come into force on 1 January 2023.

The UK government is introducing the UKCA mark for goods placed on the market in Great Britain from 1 January 2023. Ministers seek new powers to end the CE mark in favour of UKCA marking in the Building Safety Act.

Rethink on UKCA Mark

CICV has highlighted the deep frustration among manufacturers and importers that there is no route to use existing test data and reports from EU Notified Bodies to obtain a UKCA mark.

This poses a particular problem, CICV says, for goods in relation to the Assessment and Verification of Performance (AVCP) System 3. If manufacturers and distributors want to continue selling their goods in GB, they have to be re-tested and certified by an accredited UK Approved Body even though they are identical.

UKCA Testing Capacity

As well as a lack of preparation by government, companies, trade associations and certification and testing bodies CICV warns there is not enough testing capacity to certify products for the British market.

CICV says there are simply not enough approved companies or qualified people to conduct the huge number of assessments and certifications required to gain UKCA Marking in time.

They have identified that there are no UK Approved Bodies able to test:

• • insulation: most types of pipe insulation and duct insulation
  • trench heating: most types for residential, commercial & municipal buildings
  • renders: several types of synthetic renders and render-based brick slips
  • glass: several types of coated and laminated glass inc. mirrors
  • plastic pipes: several types of thermoplastic pipes for underground drainage

For other goods, there are scant few UK Approved Bodies available for:

• • radiators: only one approved company whose entire annual capacity is fully booked
  • fire doors: only two approved companies for smoke leakage tests
  • sealants: only one approved company – most tests take up to 3 months to allow for curing.

CICV says that with continued uncertainty about future regulations, large capital costs for equipment and facilities and little time left to recruit and train specialist staff, there is no appetite for new testing businesses to open.

UKCA Uncertainty

In its letter to government CICV adds:

“Whitehall has told businesses to prepare for the end of CE Marking on 31 December 2022. Legislation is required but the Department for Levelling Up, Housing and Communities (DLUHC) cannot give a firm date for this.

“The risk is that faced with ongoing difficulties – like higher raw material, energy, labour and transport costs and other inflationary pressures – businesses do not bother, hoping somebody will come up with answers in time.”

“CICV says the situation is fast becoming serious for British manufacturers who are already spending hundreds of thousands of pounds on testing to both UK and EU standards. With 7 months to go, there are too many unresolved questions about post-2023 arrangements.

“The preferred solution is for ministers to pause now that the Building Safety Act is on the statute book and take heed of what industry is telling them. The CICV view is that deferring the 31 December 2022 date is obvious and necessary and UK ministers should move quickly to say so and dispel uncertainty.

“Drafting the statutory instruments to bring in new provisions is critical and must be done correctly to avoid unintended consequences that harm British businesses. It is sensible and pragmatic to delay the secondary legislation to allow business to prepare properly.

“If the situation described is not resolved (and soon), the logical conclusion is that goods cannot be sold after 1 January – and construction, housebuilding and property RMI will slow down or stop.”

The letter concludes by asking the Scottish Government to intervene using its devolved powers. “Any representations you can make to the UK Government on our behalf would be gratefully appreciated”, it adds.

Alan Wilson Chairperson of the CICV and SELECT MD

Alan Wilson, MD of SELECT, the representative trade body of Scotland’s electro-mechanical sector and who chairs CICV, said: “With this submission to Mr McKee we are hopeful that that the Scottish Government can bring its influence to bear on this matter and allay the well-founded fears of CICV members.”

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