Failure to provide Regulation 38 information is now a key enforcement target. Learn about the joint action being taken by the BSR and local Trading Standards to prosecute developers who fail to hand over fire safety data.. The Intensification of Regulation 38 Enforcement The Building Safety Regulator (BSR) and local Trading Standards offices are set to collaborate in an unprecedented initiative for 2026, significantly elevating the enforcement of Regulation 38 of the Building Regulations 2010. This coordinated effort aims to tackle the persistent issue of inadequate fire safety information being handed over at the completion of building projects, particularly for all buildings, not just higher risk buildings (HRBs). The failure to provide comprehensive fire safety information, as mandated by Regulation 38, is now being framed as a critical product safety concern, aligning it with consumer protection legislation. Historically, the enforcement of Regulation 38 has seen varying degrees of success. However, this new joint strategy signals a far more robust approach, with potential ramifications for developers, builders, and ultimately, the safety of building occupants. The core principle being leveraged is that a building, when handed over, must be safe and compliant, and the information detailing its fire safety provisions is an intrinsic part of that 'product'. This reinterpretation positions non compliance within the remit of Trading Standards, opening up new avenues for prosecution and penalties under consumer protection frameworks, alongside existing building control powers. Regulation 38: The Statutory Obligation Regulation 38 of the Building Regulations 2010 (as amended) unequivocally states that 'the person carrying out the work shall give to the owner sufficient information about the building to enable the owner to operate and maintain the building in a way that safeguards the safety of the occupants in relation to fire.' This cornerstone regulation ensures that the Responsible Person (RP) under the Regulatory Reform (Fire Safety) Order 2005 (RRO) has access to vital fire safety documentation. This includes, but is not limited to, information on passive and active fire protection systems, fire strategies, and details of materials used. Crucially, this information forms the bedrock for the ongoing fire risk assessment required by the RRO. Without accurate and complete Regulation 38 data, the RP is severely hindered in their ability to manage fire safety effectively, potentially compromising the safety of residents and users. Approved Document B (ADB), Volume 2 (Buildings other than dwellings) and Volume 1 (Dwellings) provide further guidance on the scope and content of this information. The upcoming enforcement push will scrutinise the quality and completeness of this handover information, not just its mere existence. Trading Standards' Role: A New Dimension to Enforcement The involvement of Trading Standards introduces a powerful new dimension to Regulation 38 enforcement. Traditionally, building control bodies have been the primary enforcers of the Building Regulations. However, by classifying the failure to provide adequate fire safety information as a 'product safety issue', Trading Standards gain jurisdiction under legislation such as the Consumer Protection Act 1987 and the General Product Safety Regulations 2005. This shift significantly broadens the scope of potential penalties and legal avenues. Trading Standards can pursue prosecutions for placing unsafe products on the market, which, in this context, could be interpreted as a building lacking essential safety information for its safe operation. This move reflects a wider governmental push to ensure accountability across the construction sector, aligning with the principles enshrined in the Building Safety Act 2022 (BSA 2022). The collaborative approach between the BSR, with its expertise in building safety, and Trading Standards, with its enforcement powers in consumer protection, creates a formidable regulatory partnership. Implications for Responsible Persons and Accountable Persons For Responsible Persons (RPs) under the RRO and Accountable Persons (APs) for higher risk buildings (HRBs) under the BSA 2022, this intensified enforcement is a welcomed development, albeit one that underscores their critical responsibilities. Upon handover, RPs and APs are reliant on the information provided by developers to fulfil their statutory duties. A deficit in Regulation 38 information directly impedes their ability to: Conduct accurate fire risk assessments (RRO Article 9). Develop and maintain the Golden Thread of information for HRBs (BSA 2022, Part 4, Section 38). Implement effective fire safety management systems. Understand and maintain active and passive fire protection systems, in line with standards such as BS 9991 and BS 9999 for fire safety in the design, management, and use of residential and non residential buildings. The new enforcement dr