A New Statutory Role With Significant Duties

The Building Safety Act 2022 introduced the concept of the accountable person (AP) — the individual or organisation responsible for the safety of the common parts of a higher-risk building. Where a building has more than one accountable person, one must be designated the principal accountable person (PAP). The PAP role carries the highest level of statutory duty under the Act.

Who Is the Principal Accountable Person?

The PAP is determined by the structure of the building's ownership. The person or organisation who holds a legal estate in the whole of the building's common parts is the PAP. In most cases this will be the freeholder. In some buildings — particularly those with complex ownership structures — determining the PAP requires careful legal analysis.

What Does the PAP Have to Do?

• Register the higher-risk building with the Building Safety Regulator
• Produce and maintain a Building Safety Case for the building
• Submit a Building Safety Case Report to the BSR when required
• Appoint a Building Safety Manager
• Maintain a golden thread of information about the building
• Engage with residents and implement the mandatory Resident Engagement Strategy
• Ensure the building is kept safe from building safety risks
• Report prescribed notifiable events to the BSR

The Building Safety Case

The building safety case is the evidence base that demonstrates the building is safe to occupy. Producing and maintaining the building safety case is one of the PAP's most significant obligations. It includes the fire and structural safety assessment for the building, evidence of the measures in place to manage ongoing safety, and the key building information required by the BSR.

The Building Safety Manager

The PAP must appoint a building safety manager (BSM) — a competent person or organisation to assist in carrying out the PAP's duties day-to-day. The BSM is the point of contact between the building and the BSR and is responsible for many of the operational aspects of building safety management.

Enforcement and Liability

The Building Safety Regulator has significant enforcement powers. PAPs who fail to comply with their duties can face enforcement notices, prohibition notices, and unlimited fines. Criminal liability also exists for serious failures. The personal liability exposure for PAPs — particularly individual freeholders — is substantial.