What is Regulation 38 of the Building Regulations?
Regulation 38 plays a critical role in fire safety compliance across England and Wales. Yet many building owners, developers, contractors, and facilities managers still ask the same question: what is Regulation 38 and why does it matter?
The answer is straightforward. Reg 38 requires the person carrying out building work to provide fire safety information to the responsible person when the work completes. The information must help the responsible person understand, operate, and maintain the building’s fire safety systems.
Although the requirement appears simple, Regulation 38 has major implications for compliance, building safety management, operational risk, and long-term asset performance.
For building owners and dutyholders, poor Regulation 38 compliance creates significant risks. Missing or incomplete fire safety information can lead to operational failures, increased liability exposure, enforcement action, delays in occupation, and serious difficulties during fire risk assessments.
This article explains what Regulation 38 is, who it applies to, what information must be provided, common compliance failures, and how a professional Regulation 38 audit can reduce risk.
What is Regulation 38?
Regulation 38 forms part of the Building Regulations 2010 and sits within Part 8 of the regulations covering information to be provided by the person carrying out work.
The regulation specifically focuses on fire safety information.
Under Regulation 38, the person carrying out building work must provide fire safety information to the responsible person no later than the completion of the work or occupation of the building, whichever occurs first.
The regulation applies where:
- Building work includes the erection or extension of a relevant building
- A relevant change of use takes place
- Part B of Schedule 1 imposes fire safety requirements on the project
The regulation defines fire safety information as information relating to the design and construction of the building and the services, fittings, and equipment provided in connection with it that will assist the responsible person to operate and maintain the building safely.
In practical terms, Regulation 38 creates a legal duty to hand over meaningful fire safety information at project completion.
Why Regulation 38 Matters
Many construction projects focus heavily on design and delivery. However, long-term building safety depends on the quality of information transferred to the people responsible for managing the building after occupation.
Without accurate fire safety information:
- Fire risk assessments become less reliable
- Facilities teams cannot maintain systems correctly
- Building managers struggle to understand fire strategies
- Future refurbishment works become higher risk
- Emergency response planning becomes more difficult
- Compliance records become fragmented or incomplete
Reg 38 bridges the gap between construction and occupation.
It ensures that the responsible person receives sufficient information to manage the building safely after completion.
This requirement has become even more important following the introduction of the Building Safety Act and increased scrutiny of fire safety documentation across higher-risk buildings.
Who Does Regulation 38 Apply To?
Regulation 38 applies to projects involving:
- New buildings
- Building extensions
- Material changes of use
- Projects where Part B fire safety requirements apply
Examples include:
- Residential apartment buildings
- Commercial offices
- Hotels
- Healthcare facilities
- Student accommodation
- Care homes
- Industrial buildings
- Mixed-use developments
- Retail buildings
The regulation applies where the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion.
This means Regulation 38 affects a large proportion of non-domestic and multi-occupied residential buildings.
Who is the Responsible Person?
The regulation refers to the “responsible person” as defined under the Regulatory Reform (Fire Safety) Order 2005.
Depending on the building type, the responsible person may include:
- Building owners
- Employers
- Managing agents
- Facilities managers
- Landlords
- Freeholders
- Dutyholders responsible for fire safety management
The responsible person carries legal responsibility for managing fire safety risks within the occupied building.
Regulation 38 ensures they receive the information necessary to discharge those responsibilities effectively.
What Information Must Be Provided Under Regulation 38?
One of the biggest areas of confusion surrounding Regulation 38 involves the scope of information required.
The regulation itself does not prescribe a fixed document list.
Instead, the information must be sufficient to help the responsible person understand, operate, and maintain the building and its fire safety systems safely.
In practice, Regulation 38 information commonly includes:
Fire Strategy Reports
The fire strategy provides the foundation of the building’s fire safety approach.
This document often explains:
- Means of escape
- Compartmentation principles
- Smoke control strategy
- Fire alarm design assumptions
- Occupancy assumptions
- Evacuation procedures
- Structural fire protection measures
- Firefighting access provisions
Fire Alarm System Information
This may include:
- Zone charts
- Cause and effect matrices
- System drawings
- Commissioning certificates
- Testing records
- Maintenance requirements
- Operating manuals
Smoke Control Information
Where smoke ventilation systems exist, information may include:
- Smoke control strategy drawings
- Control logic
- Testing documentation
- Commissioning certificates
- Maintenance procedures
- System interfaces
Emergency Lighting Documentation
Typical information includes:
- Layout drawings
- Lux calculations
- Commissioning certificates
- Test schedules
- Maintenance guidance
Fire Door Information
Information relating to fire doors may include:
- Door schedules
- Certification records
- Installation details
- Ironmongery specifications
- Maintenance requirements
Passive Fire Protection Information
This area frequently creates major compliance gaps.
Documentation may include:
- Compartmentation drawings
- Fire stopping records
- Product certification
- Installation photographs
- Inspection records
- Penetration sealing schedules
Sprinkler and Suppression System Information
Where installed, handover information may include:
- System design criteria
- Hydraulic calculations
- Testing records
- Maintenance requirements
- Valve schedules
- Water supply details
As-Built Drawings
As-built records are essential for ongoing building management.
These may include:
- Fire compartmentation plans
- Fire detection layouts
- Smoke control drawings
- Escape route plans
- Services coordination drawings
Operation and Maintenance Manuals
Operation and maintenance information helps facilities teams maintain systems correctly throughout the building lifecycle.
Regulation 38 and the Golden Thread
The importance of Regulation 38 has increased significantly since the introduction of the Building Safety Act.
The industry now places greater emphasis on accurate, accessible, and reliable building safety information throughout a building’s lifecycle.
This concept often links to the “golden thread” of information.
A poor Regulation 38 handover creates gaps in the golden thread from the start.
Where fire safety documentation is incomplete, inconsistent, or inaccurate, building owners face major operational and compliance challenges later.
Professional Reg 38 audits help identify these gaps before occupation or asset transfer.
Common Regulation 38 Compliance Problems
Many projects technically complete Reg 38 handover requirements while still delivering poor-quality information.
Common problems include:
Incomplete Documentation
Some projects provide only partial fire safety records.
Critical omissions may include:
- Missing fire strategy drawings
- Absent commissioning records
- Incomplete fire stopping documentation
- Missing product certification
- Lack of as-built information
Poor Information Coordination
Large projects often involve multiple contractors and subcontractors.
Without proper coordination, fire safety information becomes fragmented across different formats and systems.
The result is inconsistent or unusable records.
Information That Does Not Reflect the Final Building
This issue occurs frequently.
Design-stage fire strategies may not match the completed building due to construction changes, value engineering, or late-stage modifications.
If the handover information does not reflect the final installed condition, the responsible person cannot rely on it.
Lack of Verification
Many handover packages contain documents that were never independently checked.
This creates risks where:
- Installed systems differ from design assumptions
- Compartmentation defects remain hidden
- Commissioning evidence is incomplete
- Drawings are outdated
Poor Accessibility
Some handover information arrives in disorganised folders with inconsistent naming conventions and missing version control.
Even where information exists, the responsible person may struggle to locate or interpret it.
Recent Changes to Regulation 38
The Building Regulations etc. (Amendment) (England) Regulations 2023 introduced important updates to Regulation 38 in England.
The updated regulation strengthened procedural requirements around confirming that fire safety information has been provided and acknowledged.
Under the revised requirements:
- The responsible person must acknowledge receipt of the information
- The responsible person must confirm the information is sufficient to operate and maintain the building safely
- The person carrying out the work must notify the relevant authority regarding compliance
These changes reflect the increasing regulatory focus on accountability and documented evidence.
They also reinforce the importance of high-quality fire safety information management.
What Happens if Regulation 38 Information Is Missing?
Missing or inadequate Reg 38 information creates operational, commercial, and legal risks.
Potential consequences include:
Fire Safety Management Difficulties
Facilities teams may not understand:
- Smoke control operation
- Fire compartmentation layouts
- System interfaces
- Maintenance requirements
- Evacuation assumptions
Increased Liability Exposure
Where information gaps contribute to fire safety failures, responsible persons and building owners may face enforcement action or legal claims.
Delays During Transactions
Investors, insurers, and purchasers increasingly scrutinise fire safety documentation.
Missing Regulation 38 information can delay:
- Property sales
- Refinancing
- Insurance placement
- Lease agreements
- Due diligence reviews
Problems with Fire Risk Assessments
Fire risk assessors rely heavily on accurate building information.
Incomplete records can reduce assessment quality and increase intrusive investigation requirements.
Increased Remediation Costs
When information is missing, building owners often need additional surveys, inspections, and investigations.
These costs frequently exceed the cost of proper documentation management during construction.
What is a Regulation 38 Audit?
A Regulation 38 audit reviews the quality, completeness, accuracy, and organisation of fire safety information associated with a building project.
The audit typically assesses:
- Whether required information exists
- Whether the information reflects the completed building
- Whether documents align with fire strategy requirements
- Whether records are coordinated and usable
- Whether evidence supports compliance claims
- Whether critical fire safety systems are properly documented
Professional audits often identify gaps before project completion or asset transfer.
This reduces future compliance and operational risks.
Why Developers and Building Owners Commission Regulation 38 Audits
A growing number of developers, asset owners, and managing agents now commission independent Regulation 38 audits.
Key drivers include:
Regulatory Scrutiny
Regulators now expect stronger evidence of building safety information management.
Investor and Insurer Expectations
Institutional investors and insurers increasingly review fire safety documentation quality during due diligence.
Building Safety Act Requirements
The Building Safety Act has increased focus on building information integrity and accountability.
Operational Risk Reduction
High-quality documentation improves facilities management and lifecycle maintenance.
Portfolio Management
Large property portfolios require consistent fire safety information standards.
Independent audits help standardise documentation quality across assets.
Best Practice for Regulation 38 Compliance
Successful Reg 38 compliance starts early in the project lifecycle.
Best practice typically includes:
Establish Clear Information Requirements Early
Projects should define documentation requirements during design stages rather than waiting until completion.
Coordinate Information Across Disciplines
Fire safety information often spans:
- Architects
- Fire engineers
- MEP consultants
- Contractors
- Specialist subcontractors
- Commissioning teams
Strong coordination reduces gaps and inconsistencies.
Maintain Version Control
Projects should manage revisions carefully to ensure final handover documents reflect the completed building.
Verify Installed Conditions
As-built verification is critical.
This may involve:
- Site inspections
- Photographic evidence
- Fire stopping inspections
- System witnessing
- Independent reviews
Digitise and Structure Information Properly
Digital information management improves accessibility and long-term usability.
Conduct Independent Audits
Independent Regulation 38 audits provide additional assurance that documentation meets compliance expectations.
Regulation 38 and Higher-Risk Buildings
Regulation 38 takes on additional importance within higher-risk residential buildings.
These buildings face increased regulatory oversight under the Building Safety Act regime.
Building owners and accountable persons must maintain robust building safety information throughout occupation.
Incomplete fire safety records create significant challenges during:
- Building Assessment Certificate applications
- Resident engagement
- Safety case reporting
- Refurbishment planning
- Ongoing compliance management
For many higher-risk buildings, retrospective Regulation 38 reviews are now necessary to address historic information gaps.
The Link Between Regulation 38 and Fire Risk Assessments
Reg 38 information directly supports fire risk assessments.
A fire risk assessor may require:
- Fire strategy information
- Compartmentation layouts
- Smoke control details
- Alarm cause and effect information
- Fire door schedules
- Structural fire protection records
Without these records, assessors may need intrusive surveys or make cautious assumptions.
This can increase both costs and operational disruption.
Why Professional Support Matters
Many organisations underestimate the complexity of Regulation 38 compliance.
The challenge is not simply collecting documents.
The real challenge involves ensuring the information:
- Is complete
- Is accurate
- Reflects the final building
- Supports operational safety
- Aligns with fire strategy assumptions
- Remains accessible throughout the building lifecycle
Independent specialists can review documentation critically and identify gaps that internal teams may overlook.
Professional support also helps organisations establish consistent documentation standards across projects and portfolios.
Conclusion
So, what is Regulation 38?
At its core, Reg 38 is a legal requirement to provide fire safety information to the responsible person at the completion of building work.
In practice, it represents something much larger.
Regulation 38 sits at the centre of effective fire safety information management.
High-quality Regulation 38 documentation supports safer buildings, better facilities management, stronger compliance, and reduced long-term risk.
As regulatory expectations continue to increase, building owners, developers, contractors, and managing agents can no longer treat Regulation 38 as a simple handover exercise.
Accurate, verified, and accessible fire safety information now forms a fundamental part of responsible building management.
Organisations that invest in robust Regulation 38 compliance processes and independent audits place themselves in a stronger position to manage operational, regulatory, and commercial risk.
FAQs - Regulation 38
What is Regulation 38?
Regulation 38 is part of the Building Regulations 2010. It requires the person carrying out building work to provide fire safety information to the responsible person when work completes.
What is the purpose of Regulation 38?
The purpose of Regulation 38 is to ensure building owners and responsible persons receive sufficient fire safety information to operate and maintain the building safely.
Who must provide Regulation 38 information?
The person carrying out the building work holds responsibility for providing the information.
Who receives Regulation 38 information?
The responsible person for the building receives the fire safety information.
What buildings does Regulation 38 apply to?
Regulation 38 applies to relevant buildings where the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion.
What documents are included in Regulation 38?
Typical Regulation 38 information includes fire strategies, as-built drawings, commissioning records, fire alarm information, smoke control documentation, fire stopping records, and operation and maintenance manuals.
When must Regulation 38 information be provided?
The information must normally be provided no later than completion of the work or occupation of the building, whichever occurs first.
Is Regulation 38 mandatory?
Yes. Regulation 38 forms part of the Building Regulations and creates a legal compliance requirement.
What happens if Regulation 38 information is incomplete?
Incomplete information can create operational risks, compliance failures, difficulties during fire risk assessments, and increased liability exposure.
What is a Regulation 38 audit?
A Regulation 38 audit independently reviews fire safety documentation to assess completeness, accuracy, coordination, and compliance.
Why are Regulation 38 audits important?
Audits help identify missing information, improve compliance, reduce risk, and support safer long-term building management.
How does Regulation 38 relate to the Building Safety Act?
The Building Safety Act increased focus on building information management and accountability. Reg 38 forms an important part of maintaining reliable fire safety information.
Does Regulation 38 apply to refurbishments?
It can apply where refurbishment works involve a relevant change of use or where Part B fire safety requirements apply.
Can Regulation 38 information be digital?
Yes. Many organisations now manage Reg 38 information digitally to improve accessibility, version control, and lifecycle management.
Where can I read the Regulation 38 legislation?
The relevant provisions appear within the Building Regulations 2010 under Part 8 covering fire safety information.
Contact
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To commission a Regulation 38 Audit please call 020 4534 3130.
For further information on Fire Strategies, Building Safety, FRAEW Surveys, PAS9980, EWS1 forms or advice in respect of your obligations as a building owner, developer or manager, please contact :
Sean Robinson
BSc (Hons) MCIOB MIFSM
Director, Head of Dept.
Building Safety
London
Sarah Taylor
Business Support Manager
Building Surveying
London