The revised CPR and ESPR — what construction-product manufacturers maintain in parallel from 2026 · Compliance-Bibliothek

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The Construction Products Regulation that most manufacturers built their compliance programme around — Regulation (EU) No 305/2011 — has been repealed. Its replacement, Regulation (EU) 2024/3110, was adopted 27 November 2024, published in the Official Journal on 18 December 2024, and applies as from 8 January 2026. Article 94 confirms the repeal of 305/2011 from that date, with a reservation that a defined set of articles in the old regulation remain operative until 8 January 2040 to preserve legacy harmonised standards still in the OJ list.

For a construction-product manufacturer, the practical question is not whether 305/2011 has gone — it has — but what they now maintain in parallel between the revised CPR and ESPR (Regulation (EU) 2024/1781), which entered into force in mid-2024 and creates the horizontal Digital Product Passport framework. This article maps that parallel.

What changed structurally

Three load-bearing changes from 305/2011 to 2024/3110:

The Declaration of Performance is now the Declaration of Performance and Conformity (DoPC). Article 13(1) requires the manufacturer to draw up a DoPC before placing a product on the market. Article 13(2) makes the manufacturer responsible “for the conformity of the product with its declared performance and any applicable product requirements” — the conformity dimension is new. The DoPC covers performance against essential characteristics (the historical DoP function) plus conformity with product requirements set under Article 7 delegated acts.

Electronic-by-default supply. Article 16(1) requires the manufacturer to “supply by electronic means a copy of the declaration of performance and conformity of each product which is made available on the market, unless the declaration is included in a digital product passport that fulfils the conditions set out in Article 76.” Paper-by-request remains possible but is no longer the assumed channel. The website-based supply pathway in Article 16(2) is permitted but conditional — unamendable format, monitored uptime, free access, link to the product via the unique identification code.

A Construction Digital Product Passport System. Articles 75–78 introduce a sector-specific DPP framework that the Commission will set up by delegated act under Article 75(1). The system is explicitly designed against ESPR. Article 75(2)(a) requires it to be “compatible with, interoperable with and based upon the digital product passport established by Regulation (EU) 2024/1781, without compromising interoperability with Building Information Modelling (BIM).” That single sentence is the spine of the article.

The DoPC and the DPP are not the same artifact

The DoPC is a single declaration document, drawn up in the model set out in Annex V (Article 15(1)). The DPP is an information container that holds the DoPC plus other documentation. Article 76(2)(a) lists the DPP’s mandatory contents:

(i) the DoPC referred to in Article 15
(ii) general product information, instructions for use, safety information (Article 22(6))
(iii) the technical documentation (Article 22(3))
(iv) the label under Article 22(9), where applicable
(v) unique identifiers issued under Article 79(1)
(vi) documentation required under other Union law applicable to the product
(vii) data carriers of key parts that have a DPP

So the DoPC is the first item the DPP carries. The two are not redundant — the DoPC remains the legal instrument by which the manufacturer takes responsibility for declared performance and conformity. The DPP is the digital surface through which that instrument and its supporting documentation are accessed.

How the construction DPP differs from the ESPR DPP

The construction DPP is built on the ESPR DPP, then overridden where construction-sector specifics warrant. The most significant overrides:

Retention. Article 75(2)(i) requires the construction DPP system to remain accessible “for period of 25 years after the last product corresponding to its product type has been placed on the market,” and obliges the manufacturer to make the DPP available “for at least 10 years.” This is meaningfully longer than ESPR’s “expected lifetime of the product” baseline (ESPR Article 9(2)(i)).

BIM interoperability. The “without compromising interoperability with Building Information Modelling” qualifier in Article 75(2)(a) is unique to the construction DPP. ESPR’s framework does not impose a BIM constraint because BIM is a construction-sector workflow.

Access tiers. Article 75(2)© requires the system to determine which actors get access to which information, citing intellectual property rights, sensitive commercial information, and the safety of construction works as constraints. Article 75(2)(d) does the same for who can introduce or update information.

Open standards, no vendor lock-in. Article 77 carries forward ESPR’s open-standards rule — DPP information must be machine-readable, structured, searchable, transferable through an open interoperable network, “without ‘vendor lock-in’.” Documents accompanying the DoPC and the technical documentation under Article 76(2) may be exempt where justified for technical reasons (read: where a CAD or 3D dataset cannot reasonably be reformatted), but the data layer itself must remain open.

The dates that actually bind

Three dates a construction-product manufacturer needs to plan around, each with its own anchor:

8 January 2026 — revised CPR applies. Article 96 fixes the general application date. The DoPC obligation under Article 13 is live from this date for products covered by harmonised technical specifications adopted under the new Articles 5 or 6. Article 92 (penalties) is deferred to 8 January 2027, with Member States required to notify rules to the Commission by 8 December 2026.

Phased Annex II essential characteristics. Article 15(3) phases in the DoPC’s environmental coverage:

(a) climate-change effects — total, fossil fuels, biogenic, and land-use change — mandatory from 8 January 2026;
(b) ozone depletion, acidification, three categories of eutrophication, photochemical ozone, abiotic depletion (minerals/metals and fossil fuels), water use — mandatory from 9 January 2030;
© particulate matter, ionising radiation, freshwater ecotoxicity, human toxicity (cancer and non-cancer), land-use related impacts — mandatory from 9 January 2032.

These are explicitly framed as life-cycle assessment characteristics (Annex II preamble). They are calculated using software the Commission makes available free of charge on its website (Article 15(2)), with software updates becoming mandatory one year after publication.

18 months after the Article 75(1) delegated act. Article 22(7) sets the construction DPP timeline: “By 18 months after the entry into force of the delegated act referred to in Article 75(1) the manufacturer shall make available a digital product passport referred to in Article 76, through the construction digital product passport system.” As of 2026-05, that delegated act has not been adopted. The DPP obligation does not arrive on 8 January 2026; it arrives 18 months after the delegated act lands. ESPR’s general SME runway under its Article 4(4) does not displace this — it is the CPR that governs the construction DPP timeline.

The ESPR complementarity rule

ESPR Article 4(5) is the operative clause for products that fall under both regulations: “When this Regulation, where appropriate, applies to a product group in a manner complementary to a Regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products…the delegated act adopted pursuant to paragraph 1 shall specify the conformity assessment procedure, including, where appropriate, any systems provided for pursuant to a measure under the construction products Regulation, taking into account the characteristics of the product group, the relevant ecodesign requirements and the cost for economic operators.”

In practice: where ESPR sets ecodesign requirements for a product that is also a construction product — for example, an energy-related product that is permanently incorporated into a building, such as a heat pump or photovoltaic panel — the ESPR delegated act will defer to the CPR’s assessment and verification systems set out in Annex IX, rather than imposing a parallel conformity assessment. The reverse direction matters too: the construction DPP system is required to be “based upon” the ESPR DPP, so the data structures align rather than duplicate.

The exception is cement. ESPR Article 18(6) carves out a specific window: “Where there is an absence of adequate performance requirements and information requirements concerning the environmental footprint and carbon footprint of cement under the construction products Regulation, the Commission shall set ecodesign requirements for cement in a delegated act adopted pursuant to Article 4 not earlier than 31 December 2028 and not later than 1 January 2030.” For cement manufacturers specifically, both regulations apply on overlapping environmental requirements unless the CPR’s coverage is judged adequate.

What you maintain in parallel

A construction-product manufacturer placing products on the EU market on or after 8 January 2026 maintains, by regulation:

A DoPC per product type under Articles 13–15 of the revised CPR, drawn up in the Annex V model, electronically supplied per Article 16, including phased Annex II environmental performance.
Technical documentation per Article 22(3), retained for the periods set out in the revised CPR (referenced in Article 78 and elsewhere) and in any case at least 10 years, per the alignment with the DPP retention rule.
A construction DPP once the Article 75(1) delegated act has been in force for 18 months, hosted in the Construction DPP System and connected to a data carrier displayed under Article 18(2)(g).
Compliance with any ESPR delegated act that touches the same product where it adds horizontal ecodesign requirements (energy-related products in buildings, cement under Article 18(6), and any future product groups the Commission’s working plan brings in).

The revised CPR also retains exemptions worth knowing. Article 14 exempts custom-made and heritage-conservation products from drawing up a DoPC; Article 76(4) extends that exemption to the DPP obligation. So a one-off architectural metalwork product manufactured for a single listed building does not require either a DoPC or a DPP.

What an SME construction-product manufacturer should do this quarter

Three steps, in order:

Reconcile your DoPs against the new DoPC model. The Annex V model is the new template. Your existing DoPs against 305/2011 are not portable verbatim — the conformity dimension is new, and the phased Annex II environmental characteristics need to be attached at the right cadence. Map each product type’s existing DoP against the new model, then identify which Annex II characteristics fall under (a), (b), or © and on what date each becomes mandatory.
Decide whether you supply the DoPC electronically per Article 16(1) or via the website pathway in Article 16(2). The two have different operational burdens. The electronic-supply pathway is simpler per transaction but requires per-customer delivery. The website pathway has lower per-transaction cost but imposes Article 16(2)©'s monitoring and continuous-availability obligation.
Track the Article 75(1) delegated act. The 18-month construction DPP clock starts from its entry into force, not from 8 January 2026 and not from any ESPR date. Subscribe to OJ alerts for delegated acts under Regulation (EU) 2024/3110, or follow the Commission’s construction-products Expert Group output for early signal.

The construction DPP, when it lands, will hold the DoPC you are already drawing up. The work in 2026 is to get the DoPC right and the data clean enough that the DPP, when required, is a packaging exercise rather than a re-engineering exercise.