Building Safety: the accountable person

The Building Safety Act 2022 introduces the concepts of both the principal accountable person (PAP) and the accountable person.  They will have a number of duties, some of which are now in force. 

Both apply to higher-risk buildings i.e. a building which is at least 18 metres in height or at least 7 storeys and with 2 or more residential units. 

There can be more than one accountable person per building. If there is only one accountable person, they will be the PAP. The PAP will usually be the freehold owner or anyone with relevant repairing obligations for the common parts of the building. If more than one party has such obligations, it will be the party with obligations for the common parts of the structure and exterior of the building.

The Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 came into force on 6 April 2023.  It provides details as to who is an accountable person.

The role of the accountable person applies to both new buildings and to existing, already occupied, buildings (see Lauren Michaelides'  blog on the registration requirements for in-occupation higher-risk buildings which is already in force).

The PAP and accountable person(s) will have a number of duties that they have to undertake. If they do not fulfill their duties it will be possible for a Special Measures Manager to be appointed.