Let’s be honest, working in construction can feel a little daunting at times, with new legislation, best practices, and guidance to keep up with.
Despite Regulation 38’s launch in 2010, uncertainty still remains about it today.
As part of building regulations, Regulation 38 ensures that all the correct fire safety information reaches those responsible for the occupied building.
Now, those responsible for the occupied building range from building owners and landlords to employers and dutyholders. However, it also includes those involved in delivering the information, specifically those involved in the design and installation of fire safety elements.
In this article, we explore Regulation 38 in detail, including how we can best support you from a firestopping perspective.
What is Regulation 38 and why is it important?
The purpose of Regulation 38
Regulation 38 is a key section within building regulations – Part 8, to be exact. Under this regulation, those involved in the fire safety of the building must provide handover information to the responsible person, typically upon completion of the work.
Why is it critical for ongoing building safety
When looking at the ‘why’ behind building safety, it always comes back to people: those living and working in these spaces. 
You, reading this, may live and work in a high-rise building. We are people. Fire safety concerns us all.
Regulation 38 bridges the gap between construction and occupation of the building. It ensures that the appropriate person has all the relevant information to make informed decisions about building aspects, such as emergency responses and, when the time comes, refurbishment.
How Regulation 38 has gained greater attention since Grenfell
Unfortunately, it took the Grenfell Tower fire in 2017 to prompt change within the construction industry.
But since the introduction of the Building Safety Act in 2022, there have been significant changes, such as the Gateway regime, the Golden Thread of Information, and the creation of the Building Safety Regulator. 
Pre-Grenfell, incomplete fire safety documents were, sadly, the industry norm, leaving building managers in the dark about crucial building safety information. It certainly wasn’t as regulated as it is today.
Today, Regulation 38 requires that thorough handover information be provided before a completion certificate can be issued for the building. There is a lot more scrutiny, and rightly so.
Who is responsible for complying with Regulation 38?
We’ve mentioned the ‘responsible person’ a couple of times, so you may be wondering who this is.
This is defined under the Regulatory Reform (Fire Safety) Order 2005 as building owners, landlords, employers, dutyholders responsible for fire safety management, and so on.
The responsible person is accountable for managing fire safety risks within the occupied building, with Reg 38 ensuring they receive all information needed to do so effectively.
However, all parties along the supply chain also have a responsibility to meet compliance requirements and provide information for the fire safety handover document.
With parties having a knock-on effect on one another, construction is increasingly recognised as a team effort, requiring everyone to work together and play their part.
What information must be provided under Regulation 38?
The information below was taken from CNC Building Control. Information that must be produced under Regulation 38 includes:
- Escape routes
- Location of fire-separating elements
- Fire doorsets
- Locations of fire/smoke detectors, alarm call points, detection/alarm control boxes, alarm sounders, fire safety signs, emergency lighting, fire extinguishers, etc.
- All sprinkler systems
- All smoke control/ventilation systems
- Any high-risk areas
Other details that should be provided:
- Specifications of any fire safety equipment
- Assumptions regarding building management in designing fire safety arrangements
- Provisions around the evacuation of disabled people
What are the most common Regulation 38 compliance mistakes?
Incomplete or outdated drawings
Missing or incomplete fire safety documentation at handover poses a serious concern due to the life-safety nature of the information. For example, missing information on floor plans detailing the locations of compartment walls and floors.
When an ‘as-built’ record of the building is incomplete or missing, it becomes uncertain which materials and solutions were used and makes it difficult to predict how the building will react in a fire, further complicating the process of planning emergency responses.
Poor coordination between contractors
Without transparent communication between project teams, the project becomes disorganised, leading to disruptions, delays, and even extra costs. 
This often shows up at key project milestones, when it becomes apparent that teams have been working toward their individual goals rather than the project’s overall objective, inevitably resulting in Regulation 38 information scattered across multiple teams and lacking structure.
Early engagement is key!
Leaving documentation until project completion/missing records
Last-minute sorting of Regulation 38 fire safety handover documentation places pressure on teams to rectify any gaps in a timely manner – and to a high standard.
To avoid this, the Golden Thread of Information must be gathered throughout the project to ensure all deliverables are organised and ready for completion. For example, providing a visual record of the installed fire stopping: the before, during, and after.
How can Quelfire help with Regulation 38 requirements?
Product certification and test evidence
The aim of Reg 38 is to accurately share fire safety information; therefore, we provide tested fire-stopping systems to the construction industry, so that designs are based on facts… not possibilities.
With over 700 tested firestopping details, we ensure that applications can be backed by primary test evidence and, ultimately, compliant with building regulations.
Our documentation and certification, for instance, Declarations of Performance and Classification Reports, accompany this and evidence that, if designed and installed correctly, the solutions will perform as intended in the event of a fire.
Technical support for contractors and specifiers
Our mission is to support all stakeholders in the design and installation of service penetration seals. And one way we do this is by offering extensive technical support, typically responding to queries within one working day. 
We understand that construction is always changing. With updated best practices and legislation, it’s just not possible to know everything.
That’s why the team is always happy to help. If in doubt, always reach out so we can work together to ensure your project is designed and built using available tested details and meets Regulation 38 requirements.
Resources that support compliant fire safety information handovers
The Technical Information Collection Schedule (TICS) really helps drive collaboration across the supply chain by ensuring that each party collects all relevant firestopping information at the design stage.
With specific information, the technical team can provide appropriate tested firestopping details for each service penetration application and can even advise where proposed elements, such as the type of insulation, may restrict the ability to achieve the required fire rating. 
TICS also helps build a record of project decisions and clearly shows the fire stopping solutions included, which supports Regulation 38.
Further to this, we offer additional resources, such as the QuelSelector, our solution-finder tool, and the Golden Principles for Designing BWICs guidance document, to support the correct selection of tested details and highlight key considerations, such as service spacing.
Regulation 38 FAQs
Is Regulation 38 a legal requirement?
Yes, it is legally required under building regulations in England and Wales. Regulation 38 ensures that the correct fire safety information is passed down the chain from those involved in the design and construction of the building to the responsible person.
When did it come into force?
Regulation 38 took effect in October 2010; however, updates have been made since then to ensure it remains aligned with best practices and industry guidance. We have no doubt that further changes will be brought into force as the industry continues to evolve.
Does Regulation 38 apply to houses?
This regulation doesn’t typically apply to standard single-family houses unless an extension has been added or the house is to be converted into a multi-occupancy or commercial building, such as a block of flats.
