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Regulation 38 fire safety reports
Regulation 38 of the Building Regulations requires fire safety information to be handed to the building's responsible person when the work is finished. I compile that information into a clear fire safety report, in accordance with Regulation 38 and Part B of the Building Regulations, so the responsible person can run and maintain the building with reasonable safety.
What Regulation 38 requires
Where it applies, the person carrying out the work must give fire safety information to the responsible person by the date of completion or the date of occupation, whichever comes first. That means information about how the building was designed and built, and about its services, fittings and equipment.
Since 1 October 2023 in England, the responsible person also has to acknowledge receipt and confirm the information is enough for them to understand the building's fire safety provisions. The person carrying out the work then has to tell building control within 5 days, or 30 days under a self-certification scheme.
What goes in a fire safety report
The report records the fire safety measures as they were actually built and installed. On a fit-out that typically includes:
- Any changes to escape routes
- Fire-rated walls, ceilings and fire stopping, with product details and locations
- Fire doors: locations, ratings and certificates
- Changes to the fire alarm and detection, with commissioning certificates
- Changes to emergency lighting, with certificates
- Anything the fire strategy relies on that the occupier has to maintain
Does Regulation 38 apply to a fit-out?
It depends on the work. The regulation is written around putting up or extending a building, or a relevant change of use, where Part B applies. An internal fit-out with no extension and no change of use may fall outside that wording, but if your work touches the fire strategy, the responsible person still needs to know what changed, and your contract may require it at handover anyway. Check with building control at the start of the job.
Fire safety report FAQs
What is Regulation 38?
It's the part of the Building Regulations 2010 that requires fire safety information to be handed to the responsible person for a building when certain building work is completed.
When does fire safety information have to be handed over?
By the date of completion or the date of occupation, whichever is earlier.
Is a fire safety report the same as a fire strategy report?
No. A fire strategy is a design document, usually prepared by a fire engineer before the work starts. The fire safety report records the fire safety measures that were actually built and installed, for the responsible person to keep.
Does the golden thread apply to office fit-outs?
The golden thread applies to higher-risk buildings: at least 18 metres or 7 storeys with at least two residential units. An office-only building normally isn't one, but a unit in a tall mixed-use block may be.
