Declaration of Performance and the Declaration of Conformity

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The Declaration of Performance (DOP) and the Declaration of Conformity (DOC) are two very different mandatory documents to acquire in the design spec phase of your washroom project.

We understand why you need these two documents, and our purpose is to guide you in making better-informed decisions about your washroom products. As pioneers in the Commercial Washroom industry, Dolphin Solutions is responsible for providing these documents to our clients should a product require them.

In this article, we will briefly explain the difference between the Declaration of Performance and the Declaration of Conformity and address the Interim Agreement introduced by DEFRA regarding the WC suite.

What is the WC suite Declaration of Performance?

Although a cistern and pan have their own set of regulations accompanied by their separate Declaration of Performance documents, the Interim Agreement concludes that when they are combined to operate simultaneously, they are deemed as one unit. A Declaration of Performance must now be issued for a Class 2 WC suite and must confirm all 7 essential characteristics have passed the test criteria. This means that the manufacturer must test the specific cistern and pan in combination.

Declaration of Performance test criteria

1. Capacity of flushing water
2. Backflow prevention
3. Cleanability
4. Load resistance
5. Water tightness / leak tightness
6. Valve reliability
7. Durability

The document provides further information such as details of the manufacturer, WC Suite product codes or serial numbers, and harmonised technical specification. It also holds the manufacturer or authorised representative solely liable for the performance to ensure the relevant performance standards are met.

A second section called the “Attachment to Declaration of Performance” must also accompany this DOP which states which flushing cistern has been tested with which pan.

The Declaration of Conformity that is issued in line with these requirements is based on the AUK1 backflow prevention arrangement which is a British standard specifying that a Type AG air gap forms part of a Type AUK1 air gap.

What is the WC suite Declaration of Conformity?

This is a self-declaration from the manufacturer confirming that the WC suite incorporates an AUK1 backflow arrangement as defined in Reg 4(1)(a) of the Water Supply (Water Fittings) Regulations 1999. It specifically relates to the appropriate conformity assessment processes that have been carried out.

Although there is no guidance on how the information should be presented, it is up to the manufacturer or authorised representative to prepare the Declaration of Conformity. A manufacturer or authorised representative can choose any format that suits them, however, there is certain information that must be included such as:

• Name and full business address
• Cistern serial number
• Model type or identification type
• A statement declaring that they take full responsibility
• Means of identification of the cistern or pan allowing traceability – this can include an image
• Details of the notified body which carried out the conformity assessment procedure (if applicable)
• Relevant legislation with which the cistern complies, as well as any harmonised standards or other means used to prove compliance
• Name and signature
• Date the declaration was issued
• Supplementary information (if applicable).

All washroom manufacturers in the UK must comply with the relevant regulations set out by the EU and any other British standards. The manufacturer issues a Declaration of Conformity based on all the regulations the product has complied with.

If cisterns and pans feature the CE Marking, are they exempt from obtaining a Declaration of Performance and Declaration of Conformity?

If you select a cistern from one manufacturer and a pan from another, or if you select both from one manufacturer, regardless of their CE Markings, they still require evidence that they can operate together as a fully functional WC suite according to DEFRA’s Interim Agreement.

Cisterns and pans that are CE marked are assumed to be compliant, however, UK national requirements are not satisfied with the Construction Products Regulations 2013, therefore regardless that their conformity with the Regulator’s specification may meet the requirements of the Water Supply (Water Fittings) Regulations, a Declaration of Performance cannot be produced as the CE Markings do not verify compliance with the WC suite performance requirements.

For example, against EN 997 Type 2, a cistern with a CE Marking does not confirm that the inlet valve or WC suite itself provides backflow protection. Thus, the adequacy of the backflow protection must be tested and demonstrated separately. The WC Backflow Protection Policy in the Water Supply (Water Fittings) Regulations 1999, stipulate the AG air gap is required on the supply inlet to the cistern and the AUK1 air gap is required between the cistern inlet and the pan. Therefore, the AUK1 Declaration of Conformity must be supplied in addition to the Declaration of Performance.

How do I get a Declaration of Performance and Declaration of Conformity?

The manufacturer provides the Declaration of Performance and the Declaration of Conformity for the WC suite, but it is the Contractor’s responsibility to obtain them from the manufacturer. You must be aware of this before selecting washroom fittings as there are defective implications and non-compliance consequences that may sabotage your project if you are uninformed.

Manufacturers who supply both cisterns and pans are obliged to conform to construction requirements and naturally test their products together to ensure they pass the WC suite criteria. But there is a common complication that arises when you decide to select a cistern from one manufacturer and a pan from another.

Not all manufacturers in the UK voluntarily test their products together to accommodate WC suite compliance before supply and it is also not the responsibility of the manufacturer to ensure your WC suite is compliant if they have only supplied you with one product. Should you wish to install two separate products from two separate manufacturers then the onus is on the contractor to make sure the WC suite has cleared the construction and testing criteria as specified in the Declaration of Performance and Declaration of Conformity.

Do not be discouraged or feel overwhelmed by the red tape as it is still possible for you to have a variety of suppliers and retain compliance. You can request to have the cistern and pan tested as a WC suite by either manufacturer as they have access to the relevant testing centres, but manufacturers are not obliged to take on the responsibility and you may incur a testing fee should they agree.