The Building Regulations etc. (Amendment) (England) Regulations 2023

Amendments to relating to fire safety information

13.—(1) In regulation 38 (fire safety information) of the 2010 Regulations, for paragraph (2) substitute—

“(2) The person carrying out the work must give fire safety information to the responsible person no later than—

(a)where the building, proposed building or extension to which the building work relates is not occupied during the building work, the date of completion of the work or the date of occupation of the building or the extension, whichever is the earlier;

(b)in any other case, the date of completion of the work.

(2A) The responsible person must give the person carrying out the work a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question.

(2B) Subject to paragraph (2D), the person carrying out the work must give a notice to the relevant authority—

(a)confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b)stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2C) The notification under paragraph (2B) must be given no later than—

(a)where regulation 20 (provisions applicable to self-certification schemes) applies to the work, 30 days after the date referred to in paragraph (2),

(b)in any other case, five days after the date referred to in paragraph (2).

(2D) Paragraphs (2B) and (2C) do not apply where regulation 20A (provisions applicable to third party certification schemes) applies to the work and instead paragraphs (2E) to (2G) apply.

(2E) Where this paragraph applies, the person carrying out the work must notify the third party certifier appointed under regulation 12(6)(c)—

(a)confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b)stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2F) The notification under paragraph (2E) must be given no later than seven days after the date referred to in paragraph (2).

(2G) Within 30 days of receiving the notification under paragraph (2E) the third party certifier appointed under regulation 12(6)(c) must notify the relevant authority confirming receipt of the notification under paragraph (2E).”.

(2) In regulation 17 (completion certificates), in paragraph (1) for “it, a building complies with the relevant provisions” substitute “a building, the relevant provisions have been complied with in relation to the building”.

(3) In regulation 17A (certificate for building occupied before work is completed), in sub-paragraph (1)(c) for “those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1” substitute “regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work”.