Part 4Higher-risk buildings

Meaning of “accountable person” and other key definitions

I1I273Meaning of “principal accountable person”

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)).