Guide
Appoint an Accountable Person for a higher-risk building
How to identify, appoint, and document the Accountable Person for a higher-risk building under the Building Safety Act 2022. Covers who qualifies as an AP, when you need a Principal Accountable Person, the non-delegable nature of duties, and registration requirements with the Building Safety Regulator.
Why you need an Accountable Person
The Building Safety Act 2022 creates a new regime for higher-risk buildings in England. Once such a building is occupied, someone must be legally responsible for its ongoing safety. That person is the Accountable Person (AP).
If your building is 18 metres or more in height (or has 7 or more storeys) and contains at least 2 residential units, you must have an Accountable Person in place. Failing to do so is a criminal offence that can result in unlimited fines and imprisonment.
This guide explains who can be an AP, how to determine whether you need one or multiple APs, and the critical importance of understanding that AP duties cannot be delegated to others.
What is an Accountable Person?
An Accountable Person is defined in Part 4 of the Building Safety Act 2022. You are an AP for a higher-risk building if you meet either of these criteria:
- You hold a legal estate in possession in any part of the common parts of the building, or
- You do not hold such an estate but are under a relevant repairing obligation in relation to any part of those common parts
In plain English: if you own part of the building's common areas, or if you have a legal duty to repair or maintain them, you are an Accountable Person.
Who typically becomes an Accountable Person
The AP is not a role you "apply for" - it arises automatically from your legal relationship with the building. The following types of person or organisation commonly find themselves as Accountable Persons:
Freeholders and building owners
If you own the freehold of a higher-risk building containing residential units, you are almost certainly an Accountable Person. The freeholder typically holds the legal estate in the common parts (corridors, stairwells, lobbies, external structure) and therefore meets the first criterion.
Example: A property investment company owns the freehold of a 20-storey residential tower. The company is the Accountable Person for the building's common parts and structure.
Management companies
A management company that holds a lease of the common parts, or has repairing obligations under a management agreement, may be an Accountable Person. This is common in developments where a management company was set up by the original developer.
Example: ABC Management Ltd holds a 999-year lease of the common parts of a block of flats. ABC Management Ltd is an Accountable Person.
Resident Management Companies (RMCs)
Where leaseholders have collectively purchased the freehold through an RMC, the RMC becomes the Accountable Person. This is particularly important because RMC directors are often unpaid volunteers who may not realise the extent of their legal responsibilities.
Example: The residents of Tall Tower Court have formed an RMC that owns the freehold. The RMC is the Accountable Person. The directors of the RMC have personal liability for ensuring the company complies with its AP duties.
Right to Manage (RTM) companies
Where leaseholders have exercised the Right to Manage, the RTM company acquires certain management functions including repairing obligations. An RTM company can therefore be an Accountable Person, even though the freeholder retains ownership.
Commonhold associations
In commonhold developments (rare in England but growing), the commonhold association is responsible for the common parts and will be an Accountable Person.
Social landlords
Housing associations, local authorities, and their arms-length management organisations (ALMOs) are Accountable Persons for their higher-risk residential stock. Large social landlords may have dozens or hundreds of higher-risk buildings requiring registration.
When there is only one Accountable Person
In simpler ownership structures, there may be only one Accountable Person:
- Single freeholder: One entity owns the entire freehold and has responsibility for all common parts
- Single RMC: Leaseholders have collectively purchased the freehold through one company
- Single social landlord: A housing association owns and manages the entire building
Where there is only one AP, that person is automatically the Principal Accountable Person (PAP) and must fulfil all AP and PAP duties.
When there are multiple Accountable Persons
Higher-risk buildings often have complex ownership structures that result in multiple Accountable Persons. This commonly occurs when:
- Different parties own or have repairing obligations for different parts of the common areas
- The freeholder retains some obligations while a management company has others
- An RTM company has taken over some (but not all) management responsibilities
- Mixed-use buildings where commercial and residential parts have different ownership
Example with multiple APs:
- Freeholder owns the structure and external walls - AP for these parts
- Management company has a lease of internal common parts (corridors, lifts, lobbies) - AP for these parts
- Commercial tenant on ground floor has repairing obligation for their demise including shared escape route - potentially an AP for that area
When there are multiple Accountable Persons, one must be designated as the Principal Accountable Person.
The Principal Accountable Person
Where there are two or more Accountable Persons for a higher-risk building, one of them must be the Principal Accountable Person (PAP). The PAP has additional duties beyond those of other APs.
Who becomes the PAP?
The PAP is the Accountable Person who holds the legal estate in possession in the relevant part of the structure and exterior of the building. In practice, this is usually:
- The freeholder (most common)
- The head leaseholder with structural responsibilities
- The RMC or RTM company if they own the freehold or have structural obligations
If no AP meets the "structure and exterior" test, the PAP is the AP whose demise (the part they control) represents the largest proportion of the building by floor area.
Additional PAP duties
The Principal Accountable Person must:
- Register the building with the Building Safety Regulator
- Apply for a Building Assessment Certificate once the building is occupied
- Prepare the safety case report for the whole building
- Coordinate with other APs to ensure building-wide safety management
- Act as main point of contact with the Building Safety Regulator
- Establish the residents' engagement strategy
- Maintain the golden thread of building information for the whole building
Other APs must cooperate with the PAP and share information about safety risks in their areas of responsibility.
AP duties are non-delegable
This is one of the most important principles of the Building Safety Act 2022: Accountable Person duties cannot be delegated.
You can employ managing agents, appoint building safety managers, and contract with fire safety consultants to help you fulfil your duties. However, the legal responsibility remains with you as the Accountable Person. If something goes wrong, you cannot avoid liability by pointing to your contractors.
What this means in practice
- Managing agents: You can appoint a managing agent to carry out day-to-day building safety tasks, but you remain legally responsible for ensuring those tasks are done properly
- Building Safety Managers: You can (and may be required to) appoint a competent Building Safety Manager to support your duties, but you cannot transfer your legal accountability to them
- Consultants and contractors: You can engage fire safety consultants, structural engineers, and maintenance contractors, but their failures are still your failures in the eyes of the law
- Insurance: Professional indemnity and directors' liability insurance can provide financial protection, but insurance does not transfer legal responsibility or prevent prosecution
Why this matters
The Building Safety Act was designed to ensure clear accountability. Following the Grenfell Tower tragedy, there was significant criticism of complex management structures where "everyone pointed at everyone else" and nobody took responsibility. The non-delegable nature of AP duties is intended to prevent this.
If you are an Accountable Person, you must actively oversee building safety. You cannot simply appoint contractors and assume everything is handled. You must verify that work is being done, maintain proper records, and ensure your building is safe.
How to formally appoint and document an Accountable Person
Because the AP role arises from legal relationships with the building, you do not "appoint" someone as an AP in the traditional sense. However, you must:
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Identify all Accountable Persons
Review the building's ownership structure, leases, and management agreements to identify everyone who meets the AP criteria. Consider freeholders, leaseholders of common parts, management companies, RTM companies, and anyone with relevant repairing obligations.
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Determine who is the Principal Accountable Person
If there are multiple APs, identify who holds the legal estate in the structure and exterior. That person is the PAP. If no one meets this test, the PAP is whoever controls the largest floor area proportion.
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Document the AP structure
Create a written record identifying all APs, their areas of responsibility, and the basis for their AP status (ownership, lease terms, management agreements). This documentation forms part of the golden thread.
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Establish coordination arrangements
Where there are multiple APs, agree how you will share information, coordinate safety management, and cooperate with the PAP. Document these arrangements in writing.
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Notify all parties
Ensure all identified APs understand their status and duties. For companies, ensure directors understand their personal liability exposure.
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Register the building
The PAP must register the building with the Building Safety Regulator. Registration must include details of all APs and their contact information.
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Maintain ongoing records
Keep AP documentation up to date. When ownership changes, leases are assigned, or management arrangements alter, reassess who the APs are and update records.
Registering with the Building Safety Regulator
The Principal Accountable Person must register the higher-risk building with the Building Safety Regulator (BSR), which is part of the Health and Safety Executive.
When to register
- New buildings: Before first occupation (after Gateway 3 approval)
- Existing buildings: The registration deadline for existing higher-risk buildings was 30 November 2023. If you have not yet registered, do so immediately
What registration requires
The registration application must include:
- Building details (address, height, number of storeys, number of residential units)
- PAP contact details and confirmation of their status
- Details of all other APs if applicable
- Confirmation that the PAP understands their duties
Registration creates ongoing obligations including submitting a safety case report, maintaining the golden thread, engaging with residents, and reporting safety occurrences to the BSR.
Consequences of not having proper AP arrangements
Failing to comply with Accountable Person requirements is taken extremely seriously under the Building Safety Act 2022.
Specific AP-related offences
- Operating an unregistered building: Allowing residents to occupy a higher-risk building that is not registered with the BSR is a criminal offence
- Failure to display Building Assessment Certificate: Once issued, the BAC must be displayed prominently. Failure to display is a criminal offence
- Failure to prepare safety case: The PAP must prepare and maintain a safety case report. Failure to do so can result in enforcement action
- Obstruction of the Regulator: Preventing or obstructing the BSR from carrying out its functions is a criminal offence
- Providing false information: Giving false or misleading information to the BSR carries a penalty of up to 2 years imprisonment
Civil enforcement
Beyond criminal prosecution, the BSR has extensive civil enforcement powers:
- Compliance notices: Requiring specific actions to be taken within a deadline
- Improvement notices: Requiring improvements to building safety management
- Special measures orders: Where an AP is failing to manage safety, the BSR can apply to the court to appoint a manager to take over the building's safety management at the AP's expense
Special measures represent the ultimate sanction - the BSR can effectively remove you from control of your own building's safety if you are not managing it properly.
Common mistakes to avoid
- Assuming the managing agent is the AP: Unless the agent holds a legal estate in the common parts or has specific repairing obligations (rather than just management duties), the agent is not an AP. You remain responsible.
- Believing RMC directors are exempt: Volunteer directors have exactly the same duties and exposure as paid directors. Being unpaid does not reduce your legal responsibility.
- Thinking insurance transfers responsibility: Insurance can pay claims but does not prevent prosecution or transfer legal accountability.
- Failing to identify all APs: Complex ownership structures can result in multiple APs. Each must understand and fulfil their duties.
- Not updating records when ownership changes: When freeholds are sold, leases assigned, or management arrangements change, the AP structure may change. Keep records current.
- Delegating and forgetting: You can appoint contractors and agents, but you must actively oversee their work. The non-delegable duty means you remain responsible.
Next steps
If you own, manage, or have responsibilities for a building that might be higher-risk:
- Check the building's status: Is it 18m+ in height or 7+ storeys with 2+ residential units? If so, the Building Safety Act applies.
- Identify all Accountable Persons: Review ownership, leases, and management agreements to determine who meets the AP criteria.
- Determine the Principal Accountable Person: Who has responsibility for structure and exterior? They are the PAP.
- Register the building: If not already registered, the PAP must register with the BSR immediately.
- Establish safety management: Prepare or update your safety case report, maintain the golden thread, and implement a resident engagement strategy.
- Consider your competence: Do you have the knowledge and resources to fulfil AP duties? If not, get training or appoint competent advisers (remembering that you remain responsible).