36Management of building safety risks by persons other than accountable persons(1)

This section applies in relation to a part of a regulated building for which an accountable person is responsible, so far as it—

(a)

forms part of the common parts of the building, or

(b)

would form part of the common parts but for the fact that it is included in a demise of a residential unit (see section 13).

(2)

If any other person has an obligation under a contract (other than a lease) to provide services relating to the repair, maintenance or safety of that part of the building, that person is to be treated, in relation to matters within the scope of the obligation, as also being an accountable person who is responsible for that part.

(3)

If any other person has any degree of control over that part of the building, that person is to be treated, in relation to matters within the person’s control, as also being an accountable person who is responsible for that part.

(4)

But a person is not to be treated as an accountable person under subsection (3) by virtue of having control, as a resident or owner of a residential unit in the building, over any part of the building that is intended to improve the safety of people in or about the building in relation to a building safety risk.

(5)

This section applies for the purposes of—

(a)

section 33 (management of fire safety risks), and

(b)

in the case of a category 1 building or a category 2 building, section 35 (management of structural safety risks).