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This content is not being updated. The latest Scottish Government policy on building standards can be found on https://beta.gov.scot. Current Building Standards technical handbooks are still in the Technical Guidance section on this website.

European Legislation - EPBD / CPD

Energy Performance of Buildings Directive (EPBD)

The Energy Performance of Buildings Directive 2002/91/EC (EPBD) 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 EPBD 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). More information on both the Directive and Regulation is available on the European Commission website see http://ec.europa.eu/enterprise/policies/european-standards/harmonised-standards/construction-products/index_en.htm

The aim of the CPR is to remove technical barriers to the trade of construction products in Member States in the European Economic Area. The requirements of the CPR apply when these products, which are covered by a European Harmonised Standard, are placed on the market in the UK on or after 1 July 2013. The CPR is implemented in the UK through the Construction Products Regulations 2013.

As required by the CPR, from 1 July 2013, the UK 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 UK. See the UK Governments planning portal http://www.planningportal.gov.uk/buildingregulations/buildingpolicyandlegislation/cpr.

Under the CPR 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 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 CPR 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 CPR and associated CE marking is limited to product characteristics for which there are national provisions relating to the products’ use under the following headings:

  1. Mechanical resistance and stability
  2. Safety in case of fire
  3. Hygiene, health and the environment
  4. Safety and accessibility in use
  5. Protection against noise
  6. Energy economy and heat retention
  7. 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.