Dutch Lawyer for Construction Products: CPR and Liability

Published on 7 December 2025 · Last updated 28 October 2026

Construction products sold in the Netherlands fall under the EU Construction Products Regulation, Regulation (EU) 2024/3110, which applies from 8 January 2026 and replaces Regulation (EU) No 305/2011 step by step. In the Netherlands, acting contrary to it is prohibited by the Building Works Decree and supervised by the Human Environment and Transport Inspectorate (ILT).

This page is for manufacturers outside the Netherlands, importers, distributors and buyers of construction products who need to know which regime applies to their product, who carries the declaration of performance, and what to do when the ILT, a customer or a contractor raises a problem. It explains the transition dates, the roles in the chain, Dutch enforcement and liability, and when to have a Dutch lawyer review your supply contracts or step in.

Which rules apply to construction products in the Netherlands?

The Construction Products Regulation applies directly in every Member State. Dutch law adds enforcement and language rules: Article 2.13 of the Building Works Decree (Besluit bouwwerken leefomgeving) prohibits acting contrary to the obligations under the old and the new Regulation.

The same article requires the declaration of performance, or the new declaration of performance and conformity, to be supplied in Dutch, and the instructions and safety information to be in Dutch (Article 2.13(4) and (5) Building Works Decree). The Dutch-language rule already applied under the old Regulation; the decree of 3 September 2026 restated it and extended it to the new Regulation (Stb. 2026, 276), in force since 24 September 2026. Whether a building may use your product is a separate question: Dutch building rules then rely on the declared performance (Article 2.14).

When does the new Construction Products Regulation apply?

It entered into force on 7 January 2025 and applies from 8 January 2026. The new obligations for economic operators apply per product family, one year after the Commission adopts the implementing act that brings that family under the new rules (Article 95(9)).

Event	Date	Legal basis
First provisions apply (among others Articles 1 to 4, 9, 10, 63, 89 and 90, and parts of Articles 5, 7, 12, 16 and 37)	7 January 2025	Article 96
General date of application of Regulation 2024/3110	8 January 2026	Article 96
Regulation 305/2011 repealed, except the provisions kept for products under its harmonised standards	8 January 2026	Article 94
Member States notify their penalty rules	by 8 December 2026	Article 92
Article 92 on penalties applies	8 January 2027	Article 96
Re-assessment of notified bodies and technical assessment bodies at the latest	8 January 2030	Article 95(2)
European assessment documents listed under the old Regulation remain valid until	9 January 2031	Article 95(4)
No placing on the market on the basis of those European technical assessments after	9 January 2036	Article 95(4)
Remaining provisions of Regulation 305/2011 repealed	8 January 2040	Article 94

In practice this means two regimes side by side. For a product covered by a harmonised standard listed under Regulation 305/2011, the core rules of that Regulation, including the declaration of performance, continue to apply until the new rules take over for that product family (Article 95(3) and (8)). Check the regime per product family, not per company.

Who is the manufacturer, importer or distributor under the CPR?

The manufacturer determines the product type, has the performance assessed, draws up the technical documentation and the declaration, and affixes the CE marking. Importers and distributors check that this was done before they sell (Articles 22, 24 and 25 Regulation 2024/3110). For product families that have not yet moved to the new rules (Article 95(9)), the equivalent provisions of Regulation 305/2011 still apply: Article 4 on the declaration of performance, Article 8 on CE marking, Articles 11, 13 and 14 on the roles and Article 15 on importers and distributors treated as manufacturers.

Role	Core obligation	Article
Manufacturer	Assessment, technical documentation, declaration of performance and conformity, CE marking	Articles 13, 17 and 22
Importer	Place only compliant products on the market; check documentation, CE marking and declaration; instructions in the language set by the Member State	Article 24
Distributor	Act with due care; check CE marking, declaration and instructions before making the product available; stop sales and inform when a product presents a risk	Article 25
Importer or distributor treated as manufacturer	Sells under its own name or trademark, modifies the product, changes the declared use or claims different characteristics	Article 26

The last row is where foreign suppliers and Dutch distributors most often get caught. A Dutch trading company that sells imported panels under its own brand becomes the manufacturer under the CPR, with every obligation of Article 22, even if it never produced anything.

What does the declaration of performance mean for liability?

By drawing up the declaration, the manufacturer assumes responsibility for the declared performance and becomes liable under Union and national law on contractual and non-contractual liability (Article 13(2)). Whoever affixes the CE marking takes on the same responsibility (Article 17(3)).

Under Dutch law, a buyer can rely on the declared performance as part of what it may expect from the product: a product that lacks the properties the buyer was entitled to expect does not conform to the contract (Article 7:17 Dutch Civil Code). The buyer must notify the seller within a reasonable time after discovering the defect, or after it should reasonably have discovered it (Article 7:23); in cross-border sales between businesses the CISG often applies instead, with a similar notice duty (Article 39 CISG). Product liability towards injured persons runs separately (Article 6:185); property damage is only covered for items mainly for private use (Article 6:190). See our page on product liability in the Netherlands.

How does the ILT enforce the CPR in the Netherlands?

The Minister of Housing supervises the CPR through the Human Environment and Transport Inspectorate (ILT). The Minister can impose an order under administrative enforcement (last onder bestuursdwang) or an administrative fine for breaches of the prohibition in the Building Works Decree (Article 120b Housing Act).

The decree that revised Article 2.13 explains that the ILT has been given this mandate and that breaches can also be economic offences under the Economic Offences Act. MAAK does not handle criminal cases; our work is on the administrative and contractual side. Against an ILT decision you can lodge an objection (bezwaar) within six weeks (Article 6:7 General Administrative Law Act), followed by an appeal to the court. Read more about CE marking enforcement in the Netherlands.

Has the ILT asked for your declaration, or has a distributor stopped selling your product? Have a Dutch product regulation lawyer review your position before you answer, because what you write to the authority will be in the file if a measure follows.

What should a supply contract for construction products cover?

Who is the manufacturer under the CPR, who supplies the Dutch declaration and instructions, what the declared performance is, how and when defects must be notified, and who bears recall, replacement and third-party claims. These points decide most disputes in the chain.

Role and brand. State who is the manufacturer under Article 22 and whether the distributor will sell under its own name, which makes it the manufacturer (Article 26).
Documents in Dutch. Oblige the supplier to deliver the declaration and the instructions and safety information in Dutch with every product type (Article 2.13 Building Works Decree).
Performance as agreed quality. Make the declared performance part of the specification, so that a deviation is a breach of contract and not just a regulatory issue.
Inspection and notice. Agree inspection on delivery and a notice period; without one, the statutory “reasonable time” of Article 7:23 or Article 39 CISG decides.
Recourse and costs. Allocate the costs of corrective action, withdrawal and claims from contractors and building owners, and agree which court or arbitral tribunal decides.

For claims against a supplier after delivery, see our page on compensation for breach of contract by suppliers.

Practical example: a US insulation manufacturer and a Dutch distributor

Suppose a US manufacturer supplies insulation panels to a Dutch wholesaler, which sells them to contractors under its own brand. Under Article 26(1)(a), or Article 15 of Regulation 305/2011 as long as the product family is still under the old rules, the wholesaler is the manufacturer for CPR purposes: it must hold the technical documentation, issue the declaration in Dutch and affix the CE marking with its own name.

The wholesaler cannot do that without the US manufacturer’s test reports and production control data. The supply contract should therefore oblige the manufacturer to provide them, to inform the wholesaler of every change in material or production process, and to indemnify it if the declared performance turns out to be wrong. If a contractor later claims that the panels do not meet the declared thermal performance, the wholesaler is the first in line; its recourse against the US manufacturer depends on that contract and on the applicable law.

When do you need a Dutch lawyer for construction products?

When you are about to sell under your own brand or change the declared use, when the ILT asks for documents or announces a measure, when a contractor or building owner claims that a product does not meet its declared performance, and when supply contracts in the chain say nothing about the CPR.

MAAK Advocaten in Amsterdam advises manufacturers, importers and distributors of construction products on their role under the CPR, drafts and reviews supply and distribution contracts, deals with the ILT in objection and appeal proceedings, and acts in disputes in the chain before the Dutch courts at first instance and on appeal. Martin Krüger is your contact for product regulation. For disputes with a Dutch contractor about the building itself, see disputes with a Dutch contractor.

Frequently asked questions about construction products in the Netherlands

When does the new Construction Products Regulation apply?

Regulation (EU) 2024/3110 applies from 8 January 2026. The new obligations for economic operators apply per product family, one year after the Commission’s implementing act for that family (Article 95(9)); until then the old rules remain relevant for many products.

Is the declaration of performance still valid under the old Regulation?

Yes, for products covered by a harmonised standard listed under Regulation 305/2011, the provisions on the declaration of performance continue to apply until the new rules take over for that product family (Article 95(3) and (8) Regulation 2024/3110).

Must the declaration of performance be in Dutch?

Yes. Article 2.13(4) of the Dutch Building Works Decree requires the declaration of performance, and the new declaration of performance and conformity, to be supplied in Dutch. Instructions and safety information must also be in Dutch.

Who supervises construction products in the Netherlands?

The Human Environment and Transport Inspectorate (ILT), on behalf of the Minister. The Minister can impose an order or an administrative fine under Article 120b of the Housing Act; you can object to such a decision within six weeks.

Does a distributor become the manufacturer if it sells under its own brand?

Yes. An importer or distributor that places a construction product on the market under its own name or trademark is treated as the manufacturer and has all manufacturer obligations (Article 26(1)(a) Regulation 2024/3110; for product families still under the old rules, Article 15 Regulation 305/2011).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.