Fire safety is where the rules on handover information have changed most in the last few years. Regulation 38 of the Building Regulations was rewritten in England in October 2023, and the Building Safety Act brought in the golden thread for higher-risk buildings.
This article covers what Regulation 38 says, what changed, whether it applies to a fit-out, and what to collect if your work touches fire safety. It covers England. Wales has its own version of the regulation, which was replaced in July 2026.
This is general information, not legal advice. For your own project, check with building control or your fire engineer.
What Regulation 38 says
Regulation 38 is about fire safety information at the end of a job.
It applies where the building work includes putting up or extending a building that the Regulatory Reform (Fire Safety) Order 2005 applies to, or is carried out in connection with a relevant change of use, and Part B of the Building Regulations applies to the work. In plain terms, Part B is the fire safety part, and the Fire Safety Order covers most non-domestic buildings.
Where it applies, the person carrying out the work has to give fire safety information to the responsible person for the building. The deadline is the date of completion or the date the building is occupied, whichever comes first.
Fire safety information means information about how the building was designed and built, and about its services, fittings and equipment, that will help the responsible person run and maintain it with reasonable safety.
What changed in October 2023
The regulation was replaced in England on 1 October 2023, and the new version is far more detailed. Three changes matter most:
- The responsible person now has to acknowledge receipt of the information and confirm it's enough for them to understand the fire safety provisions in the building.
- The person carrying out the work then has to tell building control that the information has been given and acknowledged. The deadline is 5 days, or 30 days under a self-certification scheme.
- These duties apply to all building work the regulation covers, not only higher-risk buildings.
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. An internal fit-out with no extension and no change of use may fall outside that wording.
That doesn't mean fire safety information can be ignored. If your work touches the fire strategy (fire doors, compartment walls, fire stopping, the alarm or emergency lighting), the person responsible for the building still needs to know what changed. Your contract may require it as part of the handover documents anyway.
The safest approach is to ask building control at the start of the job, and check what your contract asks for.
The golden thread
The Building Safety Act 2022 introduced the golden thread: a digital record of information about a building that has to be kept up to date through its life.
It applies to higher-risk buildings, which are at least 18 metres tall or at least 7 storeys, with at least two residential units. An office-only building normally isn't one.
A shop or office unit at the bottom of a tall residential block is in one, though. If you're fitting out in a mixed-use building, ask before you start whether the building is a higher-risk building, because the information requirements are stricter.
Separately, the 2023 changes to the Building Regulations placed duties on clients, designers and contractors that apply to all building work, not only higher-risk buildings.
What to collect if your work touches fire safety
If your fit-out affects any part of the building's fire safety, collect this as the job goes rather than at the end:
- Any change to escape routes
- Fire-rated walls, ceilings and fire stopping you installed, 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 keep up
Much of this also belongs in the O&M manual. What goes in an O&M manual? has the full checklist, and The paperwork that holds up practical completion shows where fire safety information sits among the other handover documents.
Frequently asked questions
What is Regulation 38?
It's the part of the Building Regulations 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.
What changed to Regulation 38 in 2023?
In England, the responsible person now has to acknowledge the information and confirm it's sufficient, and the person carrying out the work has to tell building control within 5 days, or 30 days under a self-certification scheme.
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.
What you get if you hand it over
We compile a Digital O&M & H&S File, from information you supply us, with your Company branding. You will receive a complete Digital O&M Package that complies with the BSA Golden Thread, in accordance with ISO9001, Section 7.5.2.
Request a call or email david@habgoodmanualsolutions.co.uk.
Related service: Fire safety reports
