This article examines the responsibilities of Accountable Persons (APs) and Principal Accountable Persons (PAPs) as defined under the Building Safety Act 2022 (BSA 2022) and subsequent regulations. These regulations establish the framework for managing building safety risks in higher-risk buildings, including the registration, assessment, and management of safety risks, the provision and maintenance of safety information, and engagement with residents. 

Duties of the Accountables 

The duties of Accountable Persons are comprehensively laid out in Part IV of the BSA 2022, spanning sections 76 to 94, and are further detailed in various regulations, including the Building Safety (Registration of Higher-Risk Buildings and Review of Decisions) Regulations 2023/315, the Higher-Risk Buildings (Management of Safety Risks etc.) Regulations 2023/907, and the Higher-Risk Buildings (Keeping and Provision of Information etc.) Regulations 2024/41. 

1. Registration and Certification (ss. 76-82 & 315 regs)

Before a higher-risk building, or any part thereof, is occupied, it is mandatory to ensure the following: 

– A valid completion certificate is in place (s. 76). 

– The building is duly registered (ss. 77-78). 

– If directed, the AP must apply for and obtain a Building Assessment Certificate (ss. 79-81). 

2. Assessment and Management of Building Safety Risks (BSRs) (ss. 83-86 & 907 regs)

APs have a core duty to maintain the safety of the building and its occupants. This includes: 

– Conducting BSR assessments upon occupation, when assuming the role of AP, at regular intervals, or when there is reason to believe a previous assessment is no longer valid (s. 83). 

– Taking all reasonable steps to prevent the materialisation of BSRs and to mitigate the severity of any incidents arising from such risks (s. 84). 

– Documenting these assessments and actions in a “Safety Case Report,” which must be maintained, updated, and provided to the regulator upon request (s. 86). 

3. Information and Documentation (ss. 87-89 & 041 regs)

APs are responsible for: 

– Reporting safety occurrences promptly to the regulator, with an initial notice and a full report within ten days (s. 87). 

– Maintaining and providing the “golden thread information,” a comprehensive record of the building’s safety information, to relevant parties including regulators, other APs, residents, and fire and rescue authorities (s. 88). 

– Displaying prescribed safety information conspicuously within the building, including details about APs, safety certificates, and compliance notices (s. 89). 

4. Resident Engagement (ss. 91-94)

PAPs must foster a culture of transparency and engagement with residents by: 

– Establishing a residents’ engagement strategy to promote information sharing and dialogue on building safety decisions (s. 91). 

– Responding to residents’ requests for information (s. 92). 

– Implementing a complaints procedure for residents (s. 93). 

Sanctions 

Failure to comply with these duties can result in significant penalties. Contraventions that place occupants at significant risk of death or serious injury can lead to imprisonment and/or unlimited fines (s. 101).  

Who Are the Accountables? 

The term “Accountable Person” is defined under sections 72-75 of the BSA 2022 and the Higher-Risk Buildings (Key Building Information etc.) Regulations 2023. An AP is typically an entity with a legal estate in possession or a relevant repairing obligation for common parts of the building. 

Principal Accountable Person (PAP) 

In buildings with multiple APs, one is designated as the PAP, responsible for coordinating the overall safety management. The PAP ensures compliance with the stringent requirements of the BSA 2022 and the associated regulations. 

Higher-Risk Buildings 

A higher-risk building in England is defined as one that: 

– Is at least 18 metres in height or has at least seven storeys. 

– Contains at least two residential units (s. 65(1)). 

The regulations specify how to measure and classify such buildings, including considerations for independent sections that function as separate entities within a larger structure. 

Conclusion 

The duties of Accountable Persons and Principal Accountable Persons are critical to ensuring the safety and well-being of residents in higher-risk buildings. The BSA 2022 and accompanying regulations provide a robust framework for managing building safety risks, maintaining vital information, and engaging with residents effectively. Compliance with these duties is not only a legal obligation but also a moral imperative to protect lives and property.