184.This section provides that persons (other than actual accountable persons) who have contractual obligations (other than under a lease) to provide services relating to the repair, maintenance or building safety of certain parts of a regulated building, are treated for some purposes of the Act as an accountable person who is responsible for the part in question.
185.The section also provides that other persons who have a degree of control over certain parts of a regulated building are treated for some purposes of the Act as an accountable person who is responsible for the part in question.
186.The certain parts of a regulated building referred to in the preceding two paragraphs are those parts for which an actual accountable person is responsible, and which are common parts (or would be common parts but for the fact that they are included in the demise of a residential unit) (see section 13 for the meaning of “common parts”).
187.However, persons are treated as accountable persons only in relation to matters that are within scope of their contractual obligations (if they fall within subsection (2)) or only in relation to matters that are within their control (if they fall within subsection (3)).
188.Persons treated as accountable persons under this section are treated as accountable persons only for the purposes of certain provisions of the Act. These provisions include section 33 (management of fire safety risks), section 48 (power of the Welsh Ministers to impose a duty to keep information and documents) and section 49 (power of the Welsh Ministers to impose a duty to give information and documents to other persons).
189.This means, for example, that a contractor undertaking work to repair a lift that was part of a regulated building’s common parts would be under the duties set out in section 33 (management of fire safety risks) in relation to the lift, but only in relation to the work that they are undertaking.
190.A person who is treated as an accountable person for a part of a regulated building is additional to the person who is the accountable person responsible for that part (see section 8; Welsh Ministers regulations under section 16 will set out the parts of regulated buildings for which accountable persons are responsible).
191.Subsection (4) prevents a person being treated under subsection (3) as an accountable person for a part of a building that is intended to improve the safety of people in or about the building in relation to a building safety risk (such as an integrated fire alarm system). It applies if the person’s only “control” over that part results from them being a resident or owner of a residential unit.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Management of building safety risks by other persons Section 36 - Management of building safety risks by persons other than accountable persons