9Meaning of “principal accountable person”(1)

This section sets out the meaning of “principal accountable person” for a regulated building for the purposes of this Act.

(2)

The “principal accountable person” for a building with one accountable person is that accountable person.

(3)

The “principal accountable person” for a building with more than one accountable person is the accountable person who—

(a)

holds a legal estate in possession in the external structure of the building, or

(b)

is within section 8(2)(b) because of a relevant repairing obligation in relation to the external structure of the building.

(4)

In subsection (3) (and section 10(1)(b)), “the external structure” of a building means its foundations, external walls and roof except—

(a)

any part of the foundations, external walls or roof included in a demise of a residential unit (including a part of the building that would be a residential unit but for regulations made under section 5(6)(a));

(b)

the foundations, external walls or roof of any part of the building to be occupied for the purposes of a business or undertaking (whether for profit or not).

(5)

Subsection (3) is subject to sections 10 and 11 (determination by building safety authority or residential property tribunal).