Building in Europe

Definition of Building Society

One established for the purpose of raising, by the subscriptions of some of its members, a stock or fund for making advances to others of its members upon security of freehold or leasehold estate, by way of mortgage. (in the UK, the Building Societies Act, 1874, s. 13.) [1]

European Legislation

Energy Performance of Buildings Directive (EPBD)

The Energy Performance of Buildings Directive 2002/91/EC was introduced to promote the improvement of the energy performance of buildings. The key aspects of this Directive have been the introduction of Energy Performance Certificates (EPC), Inspections of Air-Conditioning Systems and issue of advice on boilers.

On 19 May 2010, the EU adopted the Energy Performance of Buildings Directive 2010/31/EU (EPBD), a ‘recast’ (or revision) to the original Directive. This is the main legislative instrument to reduce the energy consumption of buildings. Additional requirements within the ‘recast’ require Member States to ensure that by 2021 all new buildings are so-called ‘nearly zero-energy buildings’, reduce the floor area for buildings required to display an EPC (205m2 by July 2015), and to include the EPC rating for buildings advertised for sale or rent to an new tenant is included with the advertisement.

This Energy Performance of Buildings Directive has been transposed in Scotland through Building Standards legislation and The Energy Performance of Buildings (Scotland) Regulations, 2008, as amended.

EU Construction Products Regulation (the CPR)

The European Regulation 305/2011/EU Construction Products Regulation (CPR) came into force on 1 July 2013 and replaced the Construction Products Directive (CPD) (89/106/EEC).

The aim of the Construction Products Regulation is to remove technical barriers to the trade of construction products in Member States in the European Economic Area. The requirements of the Construction Products Regulation apply when these products, which are covered by a European Harmonised Standard, are placed on the market in some member states on 2013. The Construction Products Regulation is implemented in the UK through the Construction Products Regulations 2013.

As required by the Construction Products Regulation, member states must have a “Product Contact Point for Construction”, for manufacturers, distributors and importers of construction products, who need to be aware of provisions that may govern the use of such products, who need to be aware of provisions that may govern the use of such products in the member states.

Under the Construction Products Regulation, a construction product will need to be CE marked and accompanied by a declaration of performance if it is to be placed on the market in the European Economic Area and it is covered by

• a harmonised European product standard (hEN), or
• a European Technical Assessment (ETA). (These are used by manufacturers of products which are not covered by a hEN but who still wish their products to be CE marked).

The Construction Products Regulation aims to ensure the reliability of information on the performance of such products. This is achieved through a hEN and ETA using a common technical language and uniform assessment methods.

The scope of the Construction Products Regulation and associated CE marking is limited to product characteristics for which there are national provisions relating to the products’ use under the following headings:

• Mechanical resistance and stability
• Safety in case of fire
• Hygiene, health and the environment
• Safety and accessibility in use
• Protection against noise
• Energy economy and heat retention
• Sustainable use of natural resources

National provisions relating to these issues vary between EU Member States and so, although a product may be CE marked, it may not be suitable for particular applications or for use within some Member States.

While manufacturers do not need to declare performance for every characteristic of a construction product, they do need to do so for those characteristics for which there are provisions (i.e. regulations or technical rules) in relation to the intended use or uses in the Member States where the manufacturer intends the product to be made available on the market.

Notice

1. Definition of Building Society is, temporally, from A Concise Law Dictionary (1927).