Part 4: Higher-risk buildings Meaning of "Accountable Person" and other key definitions Section 72: Meaning of "Accountable Person" etc Effect
This section sets out the definition of an Accountable Person. For the purposes of this part of the Act the Accountable Person is the entity responsible for meeting the statutory obligations under Part 4 for occupied higher-risk buildings.
	Subsection (1) states that the Accountable Person is the person who is under a relevant repairing obligation for any part of the common parts of the building under a lease or by virtue of an enactment. This will normally be the landlord or a superior landlord. But where there is no person with a relevant repairing obligation the Accountable Person is the person who has the legal estate in possession of any part of the common parts of the building
	It therefore makes provision for management bodies to be defined as Accountable Persons. In circumstances where the lease sets out repair and maintenance obligations on that management body, this includes Right to Manage Companies.
	Subsection (2) sets out circumstances when a person who would have been an Accountable Person under subsection (1)(a) would no longer be considered an Accountable Person for the building. This may occur when another person is under a relevant repairing obligation for all the relevant common parts or if their repairing obligations in relation to all the common parts are subsequently obligations of a Right to Manage Company.
	Subsections (3) and (4) identifies the person with the relevant repairing obligation for the common parts of the higher-risk building as an Accountable Person where the ownership arrangements consist of a complex chain of leases. This may occur when for example, a person who holds a legal estate in possession in any of the common parts has a superior landlord or landlord who has agreed, in a superior lease, to keep the common parts of the building in repair. lease, to keep the common parts of the building in repair. lease, to keep the common parts of the building in repair. lease, to keep the common parts of the building in repair.
	Where this is be the case, the superior landlord or landlord will be an Accountable Person for those parts of the building, instead of the person who holds a legal estate in possession of those common parts.
	Subsection (5) provides that where the title to a higher-risk building is held in commonhold, the commonhold association will always be the Accountable Person for the building.
	Subsection (6) defines the key terms used within this section.
	Notably, common parts include the structure and exterior of the building and any part of the building which is provided for the use of the residents in the building, except for those demised to individual dwellings.
	It also clarifies in accordance with Section 114 references to a lease as being:
a lease granted for a term certain exceeding 21 years, whether it is (or may become) terminable before the end of that term by notice given by the tenant or by re-entry or forfeiture; or
a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal, other than a lease by sub-demise from one which is not a long lease.
	Subsection (7) gives powers to the Secretary of State to amend the definition of an Accountable Person by way of regulations.