Regulation 38 : Passing on the right fire safety details.

Regulation 38 is a requirement under the Building Regulations for England and Wales to provide fire safety information to the 'responsible person' at the completion of a project, or where the building or extension is first occupied.

Where a building is erected or extended, or has undergone a material change of use, and the Regulatory Reform (Fire Safety) Order 2005 applies to that building or extension, Regulation 38 requires that a package of fire safety information - ‘as built’ information which records the fire safety design of the building or extension - must be assembled and given to the 'responsible person' for the premises.

The fire safety information provided should include all fire safety design measures in appropriate detail and with sufficient accuracy to assist the responsible person to operate and maintain the building safely. 

Who passes on the information?

The contractor is responsible for handing over the correct information to the client or their appointed representative, and this could vary considerably according to the nature of the building or contract. Typical recipients are likely to be a Health and Safety or Environmental Health Officer , client’s surveyor or architect, or building project manager responsible for the final sign-off of the building contract.

In turn, the client should then provide the relevant information to the “responsible person”

What information should be provided?

A fire door assembly is made up of components which are required to make it perform correctly in the event of a fire.
These components include the door leaf, frame, seals and essential building hardware which are referred to in the door’s fire test evidence. Using the wrong components may have a significant effect on the overall performance of the fire door.

It is essential, then, that the information relating to all the components used in the fire door assembly is handed over to responsible person, since this will be necessary in future inspections and any maintenance which may be required.

Download our Fact Card which also contains a checklist to help you pass on the right information.

* Other useful fact cards related to this topic are Fire Door Certification and Fire Safety Order