Regulation 38: The Fire Safety Information Your Building Must Have at Handover

The Building Is Finished. But Is Its Fire Safety Information Ready?

The construction work is complete.

The final inspections have taken place.

The building is preparing to welcome its first occupants.

But does the person responsible for managing the building have everything they need to understand its fire safety arrangements?

Do they know where the fire compartmentation is located?

Can they identify the building's escape routes and fire protection systems?

Do they have the information needed to operate and maintain those systems correctly?

These aren't simply questions of good building management.

In England, Regulation 38 of the Building Regulations 2010 establishes legal requirements for the handover of fire safety information when specified building work is undertaken.

And handing over the information is only part of the process.

The information must also be sufficient to help the Responsible Person understand, operate and maintain the building and its fire safety systems.

What Is Regulation 38?

Regulation 38 is part of the Building Regulations 2010 and deals specifically with the provision of fire safety information.

Its purpose is to ensure that the person responsible for fire safety after relevant building work has been completed receives the information needed to manage the building safely.

This includes information about the building's design and construction, as well as the fire safety systems, services and equipment provided.

The regulation helps bridge an important gap between the construction phase and the building's operational life.

During construction, designers, contractors and specialist installers may have detailed knowledge of the building's fire safety arrangements.

Once the building is occupied, responsibility for managing those arrangements passes to those responsible for the premises.

Regulation 38 helps ensure that essential knowledge is transferred rather than lost at handover.

When Does Regulation 38 Apply?

Regulation 38 applies where building work involves:

• The erection of a relevant building
• The extension of a relevant building
• Building work connected with a relevant change of use

In each case, the work must also be subject to a requirement under Part B (Fire Safety) of Schedule 1 to the Building Regulations.

A relevant building is one to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply following completion of the work.

This can include many commercial buildings, workplaces and other non-domestic premises, as well as common parts of certain residential buildings.

However, Regulation 38 should not be interpreted as applying automatically to every type of building work or every handover.

Its application depends on the nature of the building and the work being undertaken.

Who Is Responsible for Providing the Information?

Under Regulation 38, the person carrying out the relevant building work must provide the required fire safety information to the Responsible Person.

The Responsible Person is defined under the Regulatory Reform (Fire Safety) Order 2005.

Depending on the premises and the circumstances, this may be an employer, a person with control of the premises or the owner.

For example, in a commercial building, the Responsible Person may be the organisation responsible for operating or managing the premises.

In practice, assembling the information may involve several parties.

Architects may provide relevant design information.

Fire engineers may contribute details of the fire strategy.

Specialist contractors may provide information about installed fire safety systems.

The main contractor or other person carrying out the work may need to coordinate the information required for handover.

However, the legal duty under Regulation 38 rests with the person carrying out the work.

What Fire Safety Information Must Be Provided?

Regulation 38 defines fire safety information broadly.

It covers information relating to the design and construction of the building, together with the services, fittings and equipment that will help the Responsible Person operate and maintain the building with reasonable safety.

Approved Document B provides guidance on the types of information that may be appropriate.

The exact information required will depend on the building's design, complexity and fire safety arrangements.

For a relatively straightforward building, the information may be less extensive than for a large, complex development with multiple fire protection systems.

1. Fire Safety Strategy and Design Information

The Responsible Person needs to understand how the building has been designed to manage fire risks.

This may include information about:

• The building's overall fire safety strategy
• Relevant design assumptions
• The intended evacuation strategy
• Fire protection measures incorporated into the design
• The relationship between different fire safety systems
• Management arrangements assumed during design

For more complex buildings, detailed fire strategy information may be particularly important.

For example, a building designed around a phased evacuation strategy may require different management arrangements from one intended for simultaneous evacuation.

Understanding these assumptions helps those managing the building maintain the intended level of fire safety.

2. As-Built Drawings and Escape Routes

Fire safety information should reflect the building as it has actually been constructed.

This is particularly important where changes have occurred during the project.

Relevant as-built drawings may identify:

• Escape routes and final exits
• Fire compartmentation and fire-resisting construction
• Fire doors and relevant door hardware
• Fire alarm and detection equipment
• Emergency lighting
• Firefighting equipment
• Smoke control systems
• Sprinkler installations
• Fire service access and facilities

Accurate drawings help building managers understand where important fire safety features are located.

They can also support future inspections, maintenance activities and building alterations.

A drawing that reflects an earlier design rather than the completed building may be of limited value when locating installed fire safety measures.

3. Passive Fire Protection Information

Not all fire safety measures are mechanical or electronic.

Passive fire protection plays an important role in limiting the spread of fire and smoke.

This can include fire-resisting walls and floors, cavity barriers, fire doors, fire stopping and other protective construction details.

Relevant handover information may include:

• Locations of fire-resisting elements
• Details of compartmentation
• Fire door specifications and locations
• Fire stopping arrangements
• Relevant installation details
• Information needed for inspection and maintenance

This information is particularly valuable when buildings are altered.

For example, installing new services through a fire-resisting wall may affect the building's compartmentation if penetrations are not appropriately protected.

4. Fire Detection and Alarm Systems

Where fire detection and alarm systems are installed, the Responsible Person needs information to understand how they operate.

Relevant documentation may include:

• System descriptions and specifications
• Locations of detectors and manual call points
• Control panel information
• Alarm zoning arrangements
• Operating instructions
• Commissioning information
• Inspection and maintenance requirements
• Relevant system interfaces

For example, a fire alarm system may interact with smoke control equipment, access control systems or other building services.

Understanding those relationships can be important when investigating faults or arranging maintenance.

5. Emergency Lighting and Firefighting Equipment

Fire safety handover information may also need to cover emergency lighting and firefighting facilities.

Depending on the building, this could include:

• Emergency lighting locations
• System operating information
• Testing and maintenance instructions
• Fire extinguishers and other firefighting equipment
• Dry or wet risers
• Fire hydrants
• Sprinkler systems and control equipment
• Facilities provided for the fire and rescue service

The objective is to ensure that relevant equipment can be identified, operated and maintained appropriately.

Simply knowing that equipment was installed is not always sufficient.

The people responsible for the building also need to understand how it should be managed throughout its operational life.

6. Smoke Control and Ventilation Systems

Some buildings incorporate systems designed to manage smoke movement during a fire.

These may include mechanical smoke extraction, natural smoke ventilation or ventilation systems with a smoke control function.

Relevant information may include:

• System design and operating principles
• Locations of equipment
• Control arrangements
• Interfaces with fire detection systems
• Operating modes
• Maintenance requirements
• Commissioning and testing information

These systems can be complex, particularly where their operation depends on multiple components working together.

Clear documentation helps those responsible for the building understand how the systems are intended to function.

7. Operating and Maintenance Instructions

Fire safety systems require appropriate management after handover.

That makes operating and maintenance information an important part of the documentation.

Depending on the systems installed, this may include:

• Manufacturer instructions
• Routine inspection requirements
• Maintenance schedules
• Recommended servicing procedures
• Relevant commissioning records
• Equipment specifications
• System operating limitations
• Information about specialist maintenance requirements

These records help building managers plan ongoing maintenance and arrange appropriate support.

They also provide useful information when systems develop faults or require replacement components.

8. Fire Safety Management Assumptions

An important but sometimes overlooked part of fire safety information is the assumptions made during the design process.

For example, a building's fire strategy may rely on particular management arrangements, staffing levels or procedures.

If those assumptions aren't communicated, the building may be operated in a way that differs from the intended design.

Relevant information might include assumptions about:

• Evacuation management
• Staffing arrangements
• Occupancy and use
• Management of high-risk areas
• Operation of fire safety systems
• Maintenance resources
• Particular procedures needed to support the fire strategy

For more complex buildings, understanding these assumptions can be essential to managing fire safety effectively.

When Must Regulation 38 Information Be Handed Over?

Regulation 38 sets out when the information must be provided.

Where the building or extension is not occupied during the work, the information must be given no later than the date of completion or occupation, whichever comes first.

Where the building is occupied during the work, the information must be provided no later than completion of the work.

This means the handover of fire safety information should not be treated as an administrative task that can simply be completed weeks after the building becomes occupied.

The information needs to be available at the relevant point in the handover process.

For project teams, this makes early planning important.

Waiting until the final stages of construction to begin collecting fire safety records can create unnecessary difficulties.

The Responsible Person Must Acknowledge Receipt

Regulation 38 also includes an important acknowledgement requirement.

The Responsible Person must give the person carrying out the work a notice confirming that the fire safety information has been received.

The notice must also confirm that the information is sufficient to enable the Responsible Person to understand, operate and maintain the building and its fire safety systems following the work.

This is an important distinction.

Receiving a large collection of documents doesn't automatically mean the information is complete or useful.

The Responsible Person needs enough relevant information to understand the building's fire safety arrangements.

This reinforces the importance of providing accurate, organised and meaningful documentation.

Does Building Control Need to Be Notified?

Regulation 38 also includes notification requirements.

For most work, the person carrying out the work must notify the relevant authority that the information has been provided.

The notice must also state whether the Responsible Person's acknowledgement has been received.

If it hasn't, the notice must explain the steps taken to obtain it and when those steps were taken.

The standard notification deadline is five days after the relevant handover date.

Different arrangements apply to certain self-certification and third-party certification schemes, including different deadlines.

What Happens If Fire Safety Information Is Missing?

Missing or incomplete fire safety information can create significant practical difficulties after handover.

For example, a facilities manager may need to locate a fire damper for inspection but have no reliable record of its position.

A maintenance contractor may need to understand how a smoke control system operates but lack the relevant instructions.

A building owner may be planning alterations without complete information about the existing compartmentation.

In each case, the absence of accurate records can make it harder to manage the building safely and efficiently.

Missing information may also create difficulties in demonstrating that the applicable handover requirements have been met.

Where information is incomplete, the relevant parties should identify the gaps and take appropriate steps to resolve them.

Regulation 38 and the Golden Thread: What's the Difference?

Regulation 38 and the Golden Thread are related to building safety information, but they are not the same requirement.

Regulation 38 concerns the handover of fire safety information for specified building work.

The Golden Thread is a wider information management requirement associated with the building safety regime for higher-risk buildings in England.

Both recognise the importance of accurate information being available to the people responsible for managing a building.

However, their legal scope and specific obligations differ.

Compliance with Regulation 38 should not automatically be treated as satisfying all Golden Thread requirements.

Similarly, having a digital building information system does not, by itself, demonstrate compliance with either regime.

The information must be appropriate, accurate and managed in accordance with the applicable requirements.

A Practical Regulation 38 Handover Checklist

Before completing a relevant building handover, project teams should consider the following:

• Confirm that Regulation 38 applies to the work.
• Identify the Responsible Person who must receive the information.
• Agree who will coordinate the collection of fire safety records.
• Check that relevant fire strategy information is available.
• Ensure as-built drawings reflect the completed building.
• Include appropriate information about passive fire protection.
• Gather operating and maintenance information for installed fire safety systems.
• Include relevant commissioning and testing records.
• Document important fire safety management assumptions.
• Check that the information is complete, accurate and understandable.
• Provide the information by the applicable deadline.
• Obtain the Responsible Person's acknowledgement.
• Complete the relevant authority notification requirements.

This checklist is a practical starting point rather than an exhaustive legal schedule.

The information required will depend on the building and the work undertaken.

How Liaison View Can Help

Liaison's View platform helps organisations organise and access building information, including O&M documentation, drawings and asset records.

For construction teams preparing handover information, maintaining an organised record can make it easier to identify relevant documents and reduce the risk of information becoming scattered across separate folders and systems.

For building owners and facilities managers, View provides a central location for accessing building records after handover.

This can be particularly valuable when locating drawings, reviewing equipment information or finding documents needed for maintenance activities.

View also includes search capabilities designed to make building information easier to find.

Although software does not replace the legal duties established by Regulation 38, a well-managed building information system can support the practical organisation and accessibility of the records involved.

The aim is to ensure that important building information remains useful long after construction has finished.

Conclusion

Fire safety information is an essential part of building handover.

Under Regulation 38, where the requirements apply, the person carrying out the work must provide relevant fire safety information to the Responsible Person.

That information must be sufficient to support an understanding of the building and its fire safety systems.

The handover process also includes acknowledgement and notification requirements.

For construction teams, the message is clear.

Fire safety information should be planned, collected and reviewed throughout the project, not left until the final days before completion.

For building owners and facilities managers, the priority is ensuring that the information received is accurate, accessible and useful.

Because a building isn't simply a collection of walls, floors and systems.

It's a place that people need to occupy, operate and maintain safely for years to come.

And that starts with understanding how it was designed to protect them.