52.Section 8 sets out who is an “accountable person” for a regulated building. These are persons on whom key statutory duties are placed under the Act. For example, accountable persons have duties to manage fire safety risks (under section 33) in relation to the parts of the building for which they are responsible. An accountable person may, for example, be an individual, a company or a public body.
53.Subsection (2) provides that a person is an accountable person for a regulated building if—
54.When considering whether a person holds a legal estate in possession in the common parts of the building or any part of them, “in possession” does not include the receipt of rents and profits or the right to receive rents and profits (see section 14).
55.“Common parts” in relation to a regulated building is defined in section 13. Broadly speaking, the “common parts” are the structure and exterior of the building (except as mentioned in section 13(2)(a)) and other parts of the building that are provided for the use, benefit or enjoyment of the residents of more than one residential unit.
56.“Relevant repairing obligation” in relation to a part of a regulated building is defined in section 14, as a requirement under a lease or by virtue of an enactment to repair or maintain that part.
57.Subsection (2)(a) is subject to subsection (3). This provides that a person, described as the “estate owner”, who holds a legal estate in possession in the common parts of the building or any part of them is not an accountable person under subsection (2)(a) if either of the circumstances in subsection (3)(a) or (b) apply. For example, where all of the repairing obligations of the estate owner in relation to the relevant common parts are functions of an RTM company. “RTM company” is defined in section 14.
58.Subsections (4) and (5) apply when a tenant holds a legal estate in possession in the common parts of the building or any part of them (referred to as the “relevant common parts”) and a landlord under the lease is under a relevant repairing obligation in relation to those common parts. This could arise where, for example, the relevant common parts are demised under a lease or a chain of leases.
59.The effect of subsections (4) and (5) are that, in those scenarios, it is the landlord, or superior landlord, that is under the relevant repairing obligation in relation to the relevant common parts that is treated as holding the legal estate in possession in them for the purpose of determining who is the accountable person (instead of the tenant that holds the legal estate in possession in those common parts).
60.Subsection (6) provides that where a building is on commonhold land, the commonhold association will be the accountable person for the building.
Commentary on Sections Part 1 - Safety of Buildings Containing Two Or More Residential Units Accountable persons, principal accountable persons and common parts Section 8 - Meaning of “accountable person”