Accountable Person duties under the Building Safety Act

The Building Safety Act 2022 created a new legal role for occupied higher-risk buildings in England: the Accountable Person. If you own or manage a residential building at least 18 metres or seven storeys tall with two or more residential units, it is important to know whether this role is yours.

Who is an Accountable Person?

An Accountable Person (AP) is anyone who owns, or has a legal obligation to repair, any part of the common parts of a higher-risk building. That is usually the freeholder, and may also include a head leaseholder, a resident management company or a right to manage company, depending on the leases.

A building can have several APs, each responsible for the parts they control.

The Principal Accountable Person

One AP is the Principal Accountable Person (PAP). Where there is only one AP, they are the PAP. Where there are several, the PAP is the one who owns or is responsible for repairing the structure and exterior of the building. The PAP leads on registration, the safety case report and resident engagement.

The main duties

• Registration: the PAP must register the building with the Building Safety Regulator and keep the registration up to date. Occupying an unregistered higher-risk building is an offence.
• Key building information: submit and maintain information about the building's structure, materials and fire safety systems.
• Assess building safety risks: every AP must assess the risks of fire spread and structural failure in the parts they control.
• Manage those risks: take all reasonable steps to prevent a major incident and reduce its severity.
• Safety case report: the PAP prepares and keeps under review a report summarising the risks and how they are managed, and gives it to the Regulator when asked.
• Golden thread: keep accurate, up-to-date information about the building, stored digitally and available to those who need it.
• Mandatory occurrence reporting: set up a system to report safety occurrences that could cause significant harm to the Regulator.
• Residents: prepare a resident engagement strategy, provide information to residents, and run a complaints procedure.
• Building assessment certificate: apply when directed by the Regulator, providing the safety case report and other information.
• Co-operation: co-operate with other APs and with the Responsible Persons under the Fire Safety Order.

What cannot be delegated

APs can appoint consultants, managing agents and contractors to do the work, but the legal duty stays with the AP. A contract does not transfer accountability.

Where to start

1. Confirm the building is in scope with our higher-risk building checker.
2. Identify every AP and agree who the PAP is.
3. Check registration and key building information are complete.
4. Carry out a gap analysis of the safety case evidence.
5. Put in place a plan, with dates, to close the gaps.