Building Safety Act 2022 (c. 30)

Part 4 E+W Higher-risk buildings

Meaning of “accountable person” and other key definitions E+W

73 Meaning of “principal accountable person” E+W

(1) In this Part the “principal accountable person” for a higher-risk building is—

(a) in relation to a building with one accountable person, that person;

(b) in relation to a building with more than one accountable person, the accountable person who—

(i) holds a legal estate in possession in the relevant parts of the structure and exterior of the building, or

(ii) is within section 72(1)(b) because of a relevant repairing obligation (within the meaning of that section) in relation to the relevant parts of the structure and exterior of the building.

(2) For the purposes of this section—

(a) the reference to “the relevant parts of the structure and exterior” of a building is to its structure and exterior except so far as included in a demise of a single dwelling or of premises to be occupied for the purposes of a business;

(b) the reference to “possession” does not include the receipt of rents and profits or the right to receive the same.

(3) Subsection (1)(b) is subject to section 75(2) (powers of tribunal where more than one accountable person is within subsection (1)(b)).

Commencement Information

I1 S. 73 in force at Royal Assent for specified purposes, see s. 170(2)(a)

I2 S. 73 in force at 6.4.2023 in so far as not already in force by S.I. 2023/362, reg. 3(1)(z1)