Accountable Person

Definition and Statutory Basis#

The term "Accountable Person" (AP) is a statutory designation introduced under the Building Safety Act 2022. It refers to an individual or organisation that possesses a legal obligation to repair or maintain the common parts of a building, or the building’s structure and exterior. In the context of multi-occupied residential buildings in England and Wales, this role is central to the new regulatory framework designed to manage structural and fire safety risks.

An Accountable Person is typically a freeholder, a head lessee, or a management body such as a Residents’ Management Company (RMC) or a Right to Manage (RTM) company. The designation is not an elective title but a legal status determined by the specific interest an entity holds in the land and the terms of the existing leases. Where a building has multiple entities responsible for different sections, there may be several Accountable Persons, one of whom must be designated as the Principal Accountable Person (PAP).

Relevance to External Wall Systems#

The Accountable Person’s duties are particularly pertinent to the management of external wall systems and cladding. Under the current regulatory regime, the AP is responsible for assessing and managing "building safety risks," which are defined specifically as risks arising from fire spread or structural failure. Given that cladding systems are integral to both the structural enclosure and the fire dynamics of a high-rise building, they fall directly within the AP’s remit.

When a building undergoes cladding testing or remediation, the AP is the entity responsible for ensuring these actions are carried out to mitigate identified risks. This involves maintaining an accurate understanding of the materials used in the external wall construction and their performance characteristics. The AP must ensure that the "Golden Thread" of information—a digital record of the building’s design, construction, and ongoing maintenance—is accurately kept, with specific emphasis on the provenance and safety certifications of the cladding system.

Regulatory Context in England and Wales#

The Building Safety Act 2022 established the Building Safety Regulator (BSR), operating under the Health and Safety Executive (HSE), to oversee the safety and standard of all buildings. For "higher-risk buildings"—defined generally as those at least 18 metres in height or having at least seven storeys—the AP and PAP are subject to rigorous oversight.

The regulatory process requires the AP to register the building with the BSR and to apply for a Building Assessment Certificate when directed. A core component of this process is the preparation of a Safety Case Report. This document must demonstrate that the AP has identified all potential building safety risks, including those related to the external wall system, and has taken all reasonable steps to prevent a major incident and limit its consequences. In the event of cladding replacement or repair, the AP must ensure that the works comply with the updated Building Regulations and that the Safety Case Report is updated to reflect the new state of the building fabric.

Operational Responsibilities in Remediation#

In the practical sphere of cladding repair and replacement, the Accountable Person acts as the primary decision-maker and duty-holder. Their role involves commissioning competent professionals to perform Fire Risk Appraisals of External Walls (FRAEW) in accordance with standards such as PAS 9980. These appraisals inform whether the cladding system requires remediation to meet current safety objectives.

The AP is also responsible for managing the financial and administrative aspects of remediation. This includes exploring funding options, such as the Building Safety Fund or developer pledges, and communicating transparently with residents. The Act places a duty on the AP to provide residents with information about the safety of their building and to establish a framework for resident engagement. This ensures that those living in the building are informed about the nature of the cladding materials and the timeline for any necessary remedial works.

Typical Structures and Entities#

The identity of the Accountable Person varies depending on the ownership structure of the building. In many modern residential blocks, the structure of responsibility can be complex, involving layered leases and management agreements. The following table illustrates common scenarios for AP identification:

It is essential for directors of RMCs and RTMs to recognise that by holding these positions, they take on the legal duties of the Accountable Person. This requires a technical understanding of the building’s external envelope and a proactive approach to risk management.

Common Misunderstandings#

A frequent misconception is that the "Accountable Person" is synonymous with the "Responsible Person" defined under the Regulatory Reform (Fire Safety) Order 2005. While the two roles overlap, they operate under different legislative frameworks. The Responsible Person focuses primarily on general fire precautions and the safety of common parts, whereas the Accountable Person’s duties under the Building Safety Act are broader, encompassing the structural integrity and the entirety of the building’s exterior.

Another misunderstanding is that the AP is solely an individual. In the majority of cases, the AP is a corporate body or a legal entity. However, the individuals directing that entity—such as company directors—must ensure the organisation fulfills its statutory obligations. Finally, it is often wrongly assumed that an AP can delegate their legal accountability to a managing agent. While a managing agent can perform the tasks associated with building safety, the legal liability and the status of "Accountable Person" remain with the entity specified by the Act.

Related Terminology and Frameworks#

Understanding the role of the Accountable Person requires familiarity with several related concepts within the UK building safety landscape:

• Principal Accountable Person (PAP): In buildings with multiple APs, the PAP is the entity responsible for the registration of the building and the submission of the Safety Case Report.
• Building Safety Manager: Although the statutory requirement to appoint a Building Safety Manager was removed during the passage of the Bill, the function of managing building safety day-to-day remains a core task for the AP.
• Competent Person: The AP must appoint individuals with the necessary skills, knowledge, and experience to conduct technical assessments, such as cladding inspections or structural surveys.
• Safety Case Report: The primary document produced by the AP to demonstrate how risks are being managed.
• Mandatory Occurrence Reporting: The requirement for the AP to report certain safety-related incidents to the Building Safety Regulator.

The integration of these roles and documents ensures a holistic approach to building fabric safety, moving away from fragmented oversight towards a clearly defined hierarchy of responsibility.