The introduction of the Building Safety Act 2022 has marked one of the most significant changes to residential building safety legislation. Central to this framework is the Principal Accountable Person (PAP); the individual legally responsible for overseeing building safety and helping protect residents from fire and structural risks.
Many freeholders, property managers and managing agents come to us uncertain of who qualifies as their PAP, what the role involves, and how to meet its requirements. As the Building Safety Regulator (BSR) continues to increase engagement with duty holders, having clarity around these responsibilities is becoming increasingly important.
What Is a Principal Accountable Person?
The Principal Accountable Person is the duty holder responsible for managing building safety risks in a residential Higher-Risk Building (HRB).
In brief terms, PAPs have a legal obligation to identify, assess and manage risks to residents in terms of fire spread and structural failure. This includes ensuring compliance with the Building Safety Act and working transparently with the Building Safety Regulator.
The PAP must be the person best placed to oversee the building’s overall safety, coordinate other duty holders, and ensure that relevant building documentation and safety information is accurate and accessible. Whoever takes on this responsibility is central to the success or failure of a building’s safety and compliance strategy.
Who Can Be the PAP?
In many cases, the PAP will be the freeholder or landlord, as they are usually responsible for the structure and exterior of the building. However, each building is different, and the specific designation will depend on ownership and management arrangements.
If there are multiple Accountable Persons (for example, where there are different landlords for different parts of a mixed-use development), the Principal Accountable Person is the one who owns or is responsible for the structure and exterior of the building or is best placed to coordinate overall safety management across the site.
What Are the Principle Accountable Person’s Legal Responsibilities?
The Building Safety Act sets out a clear list of ongoing duties for the PAP, all designed to support safer building management and greater transparency. Some of these include:
- Registering existing HRBs with the BSR (new buildings must be registered before occupation.
- Maintaining a live Building Safety Case demonstrating how the building’s fire and structural risks are identified and controlled. This includes ensuring that all information from design, construction and maintenance logs are kept up to date.
- Submitting a Safety Case Report when requested by the BSR, to show that risks are being managed effectively.
- Coordinating inspection, maintenance and remediation activities where required
- Engaging with residents to explain safety measures and encourage participation in managing risk.
- Responding to information requests from the BSR within prescribed timeframes (often 28 days, but sometimes as short as 7).
These duties help ensure the safety of the building, helping to avoid unnecessary risk and assisting in avoiding legal and financial implications.
The Importance of Staying Compliant
The Building Safety Regulator has powers to investigate, issue fines and prosecute, so if a PAP fails to fulfil their duties, there is potential for:
- Enforcement notices requiring corrective action within a set period
- Financial penalties or prosecution, including criminal charges for serious breaches
- Reputational damage if the regulator names duty holders who have failed to comply
- Difficulties obtaining insurance or funding, as lenders and insurers increasingly require proof of regulatory compliance
In some cases, the BSR has already begun issuing 28-day information requests to confirm that PAPs understand and are fulfilling their duties. Investing in compliance will help ensure this, as well as potentially saving time and money.
How 4site Supports Principal Accountable Persons
At 4site, we work directly with freeholders, managing agents and duty holders to help them meet their obligations as Principal Accountable Persons.
Whether you already act as a PAP or suspect you might be one, our team works alongside freeholders and property managers to simplify the process, identify gaps early, and help build confidence in ongoing compliance. Contact us today to arrange a Building Safety Case gap analysis or to discuss tailored support.
