PART 1SAFETY OF BUILDINGS CONTAINING TWO OR MORE RESIDENTIAL UNITS

CHAPTER 2KEY TERMS

Accountable persons, principal accountable persons and common parts

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).