Knowledge BaseGlossary

Declaration of Performance and Conformity

Definition

Definition
Declaration of performance and conformity

The declaration that a manufacturer of a construction product must draw up under Article 13 of Regulation (EU) 2024/3110 where the product is covered by a harmonised technical specification adopted in accordance with Article 5 or Article 6, or where a European Technical Assessment has been issued for it. Its content is set by Article 15 and follows the model in Annex V. By drawing it up, the manufacturer assumes responsibility for the conformity of the product with the declared performance and with applicable requirements.

Expanded Explanation

The instrument replaces and extends the declaration of performance familiar from Regulation (EU) No 305/2011. The extension is in the name: the new declaration covers both performance, expressed in relation to essential characteristics, and conformity with applicable product requirements.

Article 15(1) requires performance to be expressed in relation to the essential characteristics set by the relevant harmonised technical specification or European assessment document, and requires the declaration to state where product requirements adopted under Article 7 have been demonstrated. Article 15(2) adds environmental content: the declaration must include the product’s environmental sustainability performance over its life cycle for the predetermined environmental essential characteristics listed in Annex II that are declared, calculated using software the Commission makes available free of charge, with updates to that software becoming mandatory one year after publication.

The declaration does not stand alone. Article 22(3) requires technical documentation to be drawn up as its basis, indicating the declared use, the elements necessary to demonstrate performance and conformity, the applicable assessment and verification system under Annex IX and any simplified procedures used under Articles 59 to 61. Article 16 governs how the declaration is supplied and provides for Commission guidelines under Article 16(3). Article 14 provides exemptions from drawing one up at all.

Why It Matters

The declaration is the legal centre of gravity for construction product compliance, and it is now also the centre of the construction digital product passport. Article 76(2)(a)(i) of the same Regulation places the declaration, including the Article 15(6) information and the documentation supplied with it under Annex V, inside the passport. Article 77(1)(h) requires the version in the passport to follow the Article 16(3) guidelines. Whatever quality your declaration has today is the quality your passport will publish.

Relationship to Digital Product Passports

The passport does not replace the declaration; it distributes it. Where an Article 14 exemption removes the duty to draw up a declaration, Article 76(4) correspondingly removes the passport obligation. The passport duty follows the declaration duty.

Common Misconceptions

Common Mistake
It is the same thing as an EU declaration of conformity

The EU declaration of conformity under other Union harmonisation legislation asserts conformity with requirements. The construction declaration additionally declares measured or calculated performance against essential characteristics, which is a different kind of statement.

Common Mistake
The digital product passport replaces it

Article 76(2)(a)(i) publishes it. Articles 13 to 16 still require it to be drawn up.

Common Mistake
It can be written without technical documentation

Article 22(3) requires technical documentation as the basis for the declaration. A declaration without it is unsupported.

See Also

References

About This Article

About This Article
Last Reviewed
2026-08-09
Next Scheduled Review
2027-08-09
Article Version
1.0

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