Regulation 38 Information to be provided where work is scheme workI1
England and Wales
Where work to existing HRB consists only of scheme work and Part B of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must give the fire safety information to the client and the responsible person no later than—
where the building to which the building work relates is not occupied during the work, the date of completion of the work or the date of occupation of the building, whichever is the earlier;
in any other case, the date of completion of the work.
The responsible person must—
give the certifier 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 has been completed, and
give a copy of that notice at the same time to the client.
The certifier must notify the client—
confirming that they have given fire safety information to the responsible person, and
stating that they have received a notice from the responsible person under paragraph (2) 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.
The notification under paragraph (3) must be given no later than 5 working days after the date referred to in paragraph (1).
Within 30 working days of receiving the notification under paragraph (3) the client must notify the building control authority confirming receipt of the notification from the certifier.
Where work to existing HRB consists only of scheme work and paragraph F1(1) of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must, no later than 5 working days after the work has been completed, give sufficient information to the client and the responsible person about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a way as to provide adequate means of ventilation.
Where work to existing HRB consists only of scheme work and paragraph L1 of Schedule 1 to the 2010 Regulations imposes a requirement in relation to the work, the certifier must, no later than 5 working days after the work has been completed, provide to the client and the responsible person sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a way as to use no more fuel and power than is reasonable in the circumstances.
Where work to existing HRB consists only of scheme work and paragraph L2 of Schedule 1 to the 2010 Regulations applies in relation to the work, the certifier must, no later than 5 working days after the work has been completed, provide to the client and the responsible person sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a way as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.
In this regulation—
“certifier” (“ardystiwr”) means where the work is described in column 1 of the Table in Schedule 3 to the 2010 Regulations and the work is to be carried out by a person described in the corresponding entry in column 2 of that Table, the person carrying out the work;
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Annotations
Textual amendments
- F1
Words in reg. 38(9) omitted (20.7.2026) by virtue of The Building etc. (Amendment) (No. 2) (Wales) Regulations 2026 (W.S.I. 2026/112), regs. 1(2), 7(12)