66.This section enables the building safety authority to determine who the principal accountable person is for a regulated building if there is more than one accountable person that meets the definition of principal accountable person in section 9(3), and different accountable persons fall within section 9(3) in respect of different parts of the external structure of the building. The accountable persons that fall within subsection (1)(b) of section 10 may jointly apply to the building safety authority for a determination as to which one of them is the principal accountable person for the building (subsection (2)). As an example, Person A is an accountable person that falls within section 9(3) because it holds a legal estate in possession in the foundations of the building. Person B is an accountable person that falls within section 9(3) because it holds a legal estate in possession in the external walls and roof of the building. Under subsection (2), Person A and Person B may jointly apply to the building safety authority for a determination as to which one of them is the principal accountable person for the building.
67.However, under subsection (4), an application to the building safety authority cannot be made if an application to a residential property tribunal for a determination under section 11(1)(b) as to who is the principal accountable person for the building—
68.Subsection (3) enables the Welsh Ministers to make regulations about applications under subsection (2) (and related matters).
69.Subsection (4) makes provision for circumstances in which this section does not apply.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Accountable persons, principal accountable persons and common parts Section 10 - Principal accountable person: determination by building safety authority