Regulation 38 prevents fire safety management from becoming a guessing game after builders or developers leave. This vital handover legislation was once commonly overlooked, but ever since the Grenfell tragedy of 2017 and the introduction of the Building Safety Act 2022, any person carrying out work on a building must clearly evidence the ‘as-built’ fire safety information before any building control completion certificate is issued. Here’s what you need to know:
What is Regulation 38?
Regulation 38 is a requirement under British law that helps to ensure building owners and occupants are fully informed about a building’s fire safety measures and have all the necessary information needed to manage a building safely. The regulation clearly states that whoever has carried out the building work must pass over ‘as-built’ fire safety information to the ‘Responsible Person’ (the building owner or manager) by the date of completion or the date of occupation (whichever is earlier).
Since the Grenfell fire in 2017, laws have tightened around fire safety. For high-risk buildings, Regulation 38 must be adhered to via a detailed fire safety strategy delivered in digital format. This is there to ensure that every fire door, smoke vent and sprinkler valve is documented exactly where it was installed, rather than where it was originally planned on a blueprint.
Does Regulation 38 Require a Fire Safety Certification?
Yes. New projects require a Completion Certificate, which certifies that all requirements have been met and allows a move to go ahead. This certificate relies on Regulation 38 being adhered to and formally acknowledged by the owner. If the ‘as-built’ information isn't handed over, the certificate can be withheld. For high-risk buildings (18 metres+), this halts the moving process until the fire safety information can be provided.
Why Fire Safety Compliance Matters
Recent government data shows that almost 60% of houses converted into flats fail their fire safety audits. If you are a ‘Responsible Person’ for your building, you have a duty of care to all occupants within the building, who rely on you to provide a safe and secure environment that won’t put them at risk.
Your compliance is a necessity if you want to ensure operational continuity. Without a proper Regulation 38 handover, it’s not possible to:
- Perform accurate Fire Risk Assessments (FRAs)
- Secure commercial insurance (insurers now demand ‘as-built’ proof)
- Maintain complex active systems like smoke extractors or dampers
In 2026, failure to comply can be viewed as a criminal breach. If the fire safety chain is broken during the construction-to-occupation handover, the liability rests squarely on the dutyholders.
Fire Safety Requirements Following a Regulation 38 Handover
In 2025, Fire and Rescue Services carried out 51,020 fire safety audits and found that only 58% of premises were satisfactory, with breaches in emergency exits and maintenance being the most common failures. For your fire safety management to be effective, you must ensure that all fire safety requirements are reviewed regularly. This includes updating your Fire Risk Assessment (FRA) whenever the building layout changes and making sure that all maintenance contractors have access to the original building regulations fire safety specifications.
You can also strengthen your long-term compliance by:
- Digitising documents: Digitising is now part of the ‘Golden Thread’, which has become mandatory for high-risk buildings. Be sure to keep your fire strategy in a secure, digital format that can be instantly accessed during an audit.
- Safety for new works: If you’re planning any new installations or structural changes, the person carrying out the work must strictly adhere to building regulations and fire safety standards. This applies to everything from minor refurbishments to major extensions.
- Scheduling specialist inspections: Although standard checks are helpful, it’s recommended to book in periodic professional surveys for high-risk elements like fire-stopping seals and compartmentation.
- Checking credentials: Always check that contractors working on your fire systems have the correct third-party certifications to work on your specific equipment.
- Updating emergency procedures: Use the travel distance data and exit capacities from your Regulation 38 pack to create accurate Personal Emergency Evacuation Plans (PEEPs) for vulnerable occupants.
When it comes to fire safety, following best practices is the only way to ensure your building is as safe as it can reasonably be.
Get Full Protection with Highland Services
If you need a reliable team who can help you meet regulatory guidelines and stay compliant with the latest government legislation, our BM TRADA Q-Mark-accredited engineers are here to help. From fire door installation to fire & security systems, we offer passive fire protection solutions across Bridgend, Cardiff, Newport, Swansea and the wider South Wales region.
With over 50+ years of construction and mechanical experience, you’re in safe hands with Highland. Get in touch with us today to find out how we can help.
