Jun 22, 2026 · 25 min · 11 segments
Send us Fan Mail This week we will be talking about Regulation 38. This episode content meets PC2 - Clients, Users & Delivery of Services & PC3…
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In essence, it's designed to ensure that the person who takes responsibility for the building after construction has enough information to manage fire safety properly.
Regulation 38 sits within Part 8 of the Building Regulations 2010, which is the principal piece of secondary legislation governing the design and construction of buildings in England and Wales.
So it's made under the Building Act 1984 and is a statutory instrument that carries the full force of law.
The specific regulation we're discussing today, Regulation 38, is titled Fire Safety Information, and it places a legal duty on the person carrying out building work to pass on fire safety information to the responsible person for the building.
It's triggered when building work consists of or includes the erection or extension of a relevant building or is carried out in connection with a relevant change of use, as well as where Part B of Schedule 1 of the Building Regulations imposes a requirement in relation to that work.
Part B, as many of you will know, covers fire safety, things like means of escape, means of warning, internal fire spread through linings and structure, external fire spread, and access and facilities for the fire service.
So the question becomes: What is a relevant building for the purposes of Regulation 38? A relevant building is a building to which the Regulatory Reform Fire Safety Order 2005 applies or will apply after the completion of the building work.
The Fire Safety Order, which we covered in the previous episode, as you know, covers almost all non-domestic premises, including offices, shops, factories, warehouses, hotels, care homes, hospitals, and common areas of multi-occupancy residential buildings.
In essence, it's designed to ensure that the person who takes responsibility for the building after construction has enough information to manage fire safety properly.
Regulation 38 sits within Part 8 of the Building Regulations 2010, which is the principal piece of secondary legislation governing the design and construction of buildings in England and Wales.
So it's made under the Building Act 1984 and is a statutory instrument that carries the full force of law.
The specific regulation we're discussing today, Regulation 38, is titled Fire Safety Information, and it places a legal duty on the person carrying out building work to pass on fire safety information to the responsible person for the building.
It's triggered when building work consists of or includes the erection or extension of a relevant building or is carried out in connection with a relevant change of use, as well as where Part B of Schedule 1 of the Building Regulations imposes a requirement in relation to that work.
Part B, as many of you will know, covers fire safety, things like means of escape, means of warning, internal fire spread through linings and structure, external fire spread, and access and facilities for the fire service.
So the question becomes: What is a relevant building for the purposes of Regulation 38? A relevant building is a building to which the Regulatory Reform Fire Safety Order 2005 applies or will apply after the completion of the building work.
The Fire Safety Order, which we covered in the previous episode, as you know, covers almost all non-domestic premises, including offices, shops, factories, warehouses, hotels, care homes, hospitals, and common areas of multi-occupancy residential buildings.
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