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Regulation 38 Building Regulations

Regulation 38

Approved Document B was revised in 2019  and supports requirements B1 to B5 of Schedule 1 to the Building Regulations 2010 as well as regulations 6(3), 7(2) and 38 and it took effect on 30 August 2019 for use in England.

One of the changes were that safety information (under regulation 38) has been moved from an appendix into a new section.

Regulation 38 of Building Regulations 2010 states:

Fire safety information

38.   (1) This regulation applies where building work— 

(a)  consists of or includes the erection or extension of a relevant building; or 

(b)  is carried out in connection with a relevant change of use of a building,  

and Part B of Schedule 1 imposes a requirement in relation to the work. 

(2)  The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier. 

(3) In this regulation—  

(a)  “fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety; 

(b)  a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work; 

(c)  a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and 

(d)  “responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order.’

The aim of this regulation is to ensure that the person responsible for the building has sufficient information relating to fire safety to enable them to manage the building effectively. The aim of regulation 38 will be achieved when the person responsible for the building has all the information to enable them to do all of the following.  a. Understand and implement the fire safety strategy of the building. b. Maintain any fire safety system provided in the building. c. Carry out an effective fire risk assessment of the building.

For building work involving the erection or extension of a relevant building (i.e. a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply), or the relevant change of use of a building, fire safety information should be given to the responsible person at one of the following times. a. When the project is complete. b. When the building or extension is first occupied.

ADB includes a guide to the information that should be provided. ADB states: ‘Guidance is in terms of essential information and additional information for complex buildings; however, the level of detail required should be considered on a case-by-case basis’.

Essential information is shown under 19.3 and additional information for complex buildings is shown under 19.5

Refer to section 19 of Approved Document B Fire Safety Volume 2 – 2019 edition:

Approved Document B Fire Safety Volume 2 – 2019 edition:

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