Principal Accountable Person: Your Responsibilities Under the Building Safety Act

#Why the PAP role matters

The Building Safety Act 2022 created a clear chain of accountability for higher-risk buildings in England -- residential buildings of at least 7 storeys or 18 metres in height with at least two residential units. At the top of that chain sits the Principal Accountable Person (PAP).

Before the Act, responsibility for building safety was often diffuse. Ownership structures, management agreements, and long lease chains meant that when something went wrong, it was unclear who was ultimately answerable. The Grenfell Tower tragedy and Dame Judith Hackitt's Independent Review made the consequences of this ambiguity devastatingly clear.

The PAP role exists to end that ambiguity. One person or organisation is legally responsible for the safety of each higher-risk building. Understanding whether you hold that role -- and what it requires of you -- is the first step in meeting your obligations.

This guide covers:

• How to determine whether you are the PAP for your building
• Your core legal obligations under the Building Safety Act
• What you can and cannot delegate to others
• How to protect yourself through compliance and record-keeping
• Practical scenarios illustrating PAP responsibilities in common building setups

For a comprehensive overview of the full Building Safety Act regime -- including all Part 4 obligations, enforcement powers, and the compliance timeline -- see our Building Safety Act Complete Guide.

#Am I the Principal Accountable Person?

This is the question we hear most often from building managers, freeholders, and management company directors. The answer depends on the legal structure of your building's ownership and management -- but for most higher-risk buildings, the designation is more straightforward than you might expect.

The Building Safety Act defines two key roles:

1. Accountable Person (AP) -- anyone who holds a legal estate in possession in any part of the common parts of the building, or who is under a relevant repairing obligation for those common parts (section 72). For an overview of Accountable Person duties under the BSA, see our explainer.
2. Principal Accountable Person (PAP) -- the specific AP who holds the legal estate in possession in the structure and exterior of the building (section 73)

For a side-by-side comparison of PAP and AP duties -- including which obligations are shared and which fall exclusively on the PAP -- see our Accountable Person vs Principal Accountable Person explainer.

Where there is only one accountable person, that person is automatically the PAP. Where there are multiple APs, the one who holds the legal estate in the structure and exterior takes on the PAP role.

Work through the scenarios below to identify who holds the PAP role for your building.

#Scenario 1: Single freeholder (most common)

If one entity -- a person, company, or trust -- owns the freehold of the entire building, they are almost certainly the PAP. The freeholder holds the legal estate in the structure and exterior, which is the defining criterion under section 73.

This is the most common arrangement. If you are the sole freeholder of a higher-risk building, you are the PAP.

#Scenario 2: Right to Manage (RTM) company

If leaseholders have exercised their Right to Manage under the Commonhold and Leasehold Reform Act 2002, the RTM company acquires management functions -- but not the legal estate in the building.

The freeholder remains the PAP. The RTM company acquires the right to manage the building's services, maintenance, and insurance, but the freehold (and therefore the legal estate in the structure and exterior) stays with the original freeholder.

This creates a practical challenge: the PAP (freeholder) has legal accountability, but the RTM company controls day-to-day management. Close cooperation between freeholder and RTM company is essential. The RTM company may separately be an accountable person if it holds a repairing obligation over common parts, but it is not the PAP.

#Scenario 3: Managing agent appointed by the freeholder

A managing agent -- whether a professional property management company or an individual -- acts on behalf of the freeholder. Appointing a managing agent does not change who the PAP is.

The freeholder remains the PAP. The managing agent carries out functions delegated to them, but the legal estate in the structure and exterior has not changed hands. If the managing agent fails to perform their duties, the PAP remains answerable to the Building Safety Regulator (BSR).

#Scenario 4: Resident Management Company (RMC) holding the freehold

Some buildings are structured so that a Resident Management Company -- a company formed by the leaseholders -- has purchased the freehold. If the RMC holds the legal estate in the structure and exterior, the RMC entity is the PAP.

This means the company itself (not individual directors) bears the legal responsibility. The RMC must designate a named individual as the point of contact for the BSR under section 74, but that designated individual is not personally the PAP.

RMC directors should understand that their company's obligations as PAP are significant and ongoing. Consider whether your RMC has the resources and expertise to fulfil the role, or whether professional support is needed.

#Scenario 5: Multiple accountable persons

Larger or more complex buildings may have multiple accountable persons. For example, a building might have a freeholder who owns the structure and exterior, plus a head leaseholder who holds the legal estate in certain common parts (such as a commercial ground floor).

In this case, the AP who holds the legal estate in the structure and exterior is the PAP. The other APs still have obligations under section 72, but the PAP has additional duties including coordinating with the other APs and ensuring overall building safety.

#Complex or unclear structures

If your building has an unusual ownership structure -- perhaps involving a trust, a chain of head leases, joint freeholders, or an ongoing dispute about the legal estate -- the PAP designation may not be immediately obvious.

Seek legal advice from a solicitor experienced in building safety law. Getting the PAP designation wrong does not exempt anyone from liability; it simply means the correct PAP may have been operating without fulfilling their duties.

#Core responsibilities of the PAP

Once you have established that you (or your organisation) are the PAP, the Building Safety Act sets out a clear and demanding set of obligations. These are not optional best practices -- they are legal requirements backed by enforcement powers.

This section covers each obligation with its statutory basis and practical implications. For a building-level compliance checklist covering all these obligations, see our BSA Compliance Checklist.

#Register your building with the BSR (s.77)

All higher-risk buildings must be registered with the Building Safety Regulator. Registration is the PAP's responsibility under section 77. The initial registration deadline has passed (the BSR required registration by 1 October 2023), but any newly qualifying building must be registered promptly.

Registration requires providing the BSR with Key Building Information (KBI) about the building's structure, safety systems, and management arrangements. Failure to register is itself a compliance failure.

#Apply for a Building Assessment Certificate when called (s.78)

The BSR will call in higher-risk buildings for assessment over time. When your building is called, the PAP has 28 days to submit an application for a Building Assessment Certificate (BAC) under section 78.

The BAC application requires the PAP to demonstrate that the building is being managed safely. The BSR assesses proportionately -- there is no one-size-fits-all checklist, but they will consider:

• Whether expected safety measures are in place for the building type
• How effectively those measures are maintained
• What action has been taken on legacy building safety issues
• Whether additional measures have been considered for residual risks

Preparing your Safety Case Report in advance is one of the most important steps you can take before the BAC call-in, as it forms a core part of the assessment.

#Assess building safety risks regularly (s.83)

Under section 83, the PAP must assess building safety risks and do so at regular intervals. A building safety risk is defined as a risk to the safety of people in or about the building arising from the spread of fire or structural failure.

This is not a one-off exercise. The assessment must be kept up to date, reviewed regularly, and updated whenever circumstances change -- for example, after building works, a safety incident, or new information about construction materials.

#Take all reasonable steps to prevent and mitigate risks (s.84)

Section 84 requires the PAP to take all reasonable steps to:

1. Prevent the occurrence of a major incident in or about the building
2. Reduce the severity of any major incident that does occur

"All reasonable steps" is the standard against which the BSR will assess your actions. It does not require perfection, but it does require demonstrable, proportionate, ongoing effort. Documenting what steps you have taken -- and why -- is essential.

#Establish a mandatory occurrence reporting system (s.87)

Under section 87, the PAP must establish and operate a system for reporting safety occurrences -- events that could indicate a building safety risk, such as a fire alarm activation, structural defect, or near-miss incident.

The system must be accessible to residents, staff, and contractors. Reports must be investigated, and the PAP must take appropriate action in response.

#Maintain the Golden Thread of building information (s.88)

The PAP has the primary legal duty to establish and maintain the Golden Thread -- a complete, accurate, up-to-date digital record of all building safety information, as required by section 88 and the Higher-Risk Buildings (Keeping and Provision of Information) Regulations 2024.

This is one of the most resource-intensive obligations. The Golden Thread must be maintained in electronic format, kept current, and be accessible to relevant persons. Our complete Golden Thread guide covers what information must be kept, digital storage standards, and how to organise it.

#Prepare a Safety Case Report (s.85)

Under section 85, the PAP must prepare a Safety Case Report as soon as reasonably practicable. The report must contain:

• An assessment of building safety risks
• A description of the steps taken to prevent those risks from materialising
• A description of the steps taken to reduce the severity of incidents if risks do materialise

The Safety Case Report is a formal summary of your overall safety case -- the totality of your risk management approach. It is reviewed as part of the BAC assessment process. See our Safety Case Report preparation guide for detailed guidance on structure and content.

#Prepare a residents' engagement strategy (s.91)

Section 91 requires the PAP to prepare a strategy for promoting the participation of residents in decisions about the management of building safety risks. This includes informing residents about safety measures, consulting on safety decisions, and providing a mechanism for residents to raise safety concerns.

The engagement strategy must cover how residents will be kept informed, how their views will be sought, and how they can raise concerns about safety. For a practical guide to building your engagement strategy -- including setting up a Residents' Panel, establishing communication channels, and implementing the section 93 complaints system -- see our resident engagement strategy guide. Our PEEPs guide covers the related Personal Emergency Evacuation Plans obligations that intersect with resident engagement.

#Establish a complaints system (s.93)

Under section 93, the PAP must establish a system for handling complaints about the management of building safety. The system must be accessible and transparent, and the PAP must act on complaints in a timely and proportionate manner.

#PAP Obligations Quick Reference

The obligations above can feel overwhelming. This section distils them into a scannable reference framed as your personal duties -- what you, as the PAP, must ensure is happening for your building.

Your registration duties:

• Ensure your building is registered with the BSR and registration details are current
• Respond to BAC call-in within 28 days with a complete application
• Provide Key Building Information (KBI) to the BSR when requested

Your risk management duties:

• Assess building safety risks (fire spread and structural failure) and review at regular intervals
• Take all reasonable steps to prevent major incidents and reduce their severity
• Prepare and maintain a Safety Case Report summarising your risk management approach
• Establish and operate a mandatory occurrence reporting system

Your information duties:

• Maintain the Golden Thread -- a complete digital record of all building safety information
• Keep records accurate, up to date, and accessible to relevant persons
• Provide information to the BSR, other APs, residents, and relevant parties when required

Your engagement duties:

• Prepare and implement a residents' engagement strategy
• Operate a complaints system for building safety concerns
• Consult with residents on safety-related decisions

Your coordination duties (if multiple APs):

• Coordinate with other accountable persons to ensure building safety
• Share relevant information between APs
• Ensure no gaps in safety management between different parts of the building

For a building-level compliance tracking tool covering all these duties, see our BSA Compliance Checklist.

#Delegating responsibilities

One of the most misunderstood aspects of the PAP role is delegation. Many building owners and management companies assume that appointing a managing agent or building safety professional transfers their responsibilities under the Act. It does not.

#What cannot be delegated

Legal liability as the PAP cannot be delegated. This is the fundamental principle. Regardless of your management arrangements, the PAP remains legally answerable to the Building Safety Regulator for the safety of the building.

If you are the PAP and your managing agent fails to maintain the fire safety systems, you are the one who faces enforcement action -- not the agent. You may have a contractual claim against the agent, but your statutory liability is unaffected.

#What can be delegated

Management functions can be outsourced. You can appoint:

• A managing agent to handle day-to-day building management, maintenance, contractor coordination, and resident communications
• A building safety professional to conduct risk assessments, prepare your Safety Case Report, and advise on compliance
• Specialist contractors for fire safety, structural inspections, and other technical work
• A compliance officer or team within your organisation to coordinate your response to building safety duties

What matters is that the work gets done to the required standard. The PAP retains the duty to ensure it is done, to supervise those carrying it out, and to intervene if standards slip.

#Designating an individual (s.74)

When the PAP is an organisation -- a company, RMC, trust, or other entity -- section 74 requires the designation of a named individual as the single point of contact for the BSR.

This person is the human being the BSR communicates with. They are not the PAP; the organisation is. But they must be sufficiently senior and knowledgeable to fulfil the role effectively. Choose someone who understands the building's safety arrangements, has authority to make decisions, and can respond promptly to BSR communications.

#Common delegation mistakes

Mistake 1: "Our managing agent handles everything, so they are the PAP." Wrong. The managing agent handles management functions on your behalf. The legal estate in the building -- and therefore the PAP designation -- has not changed. Your agent works for you; they do not replace you.

Mistake 2: "The designated individual is the one who is really responsible." Wrong. The designated individual is your organisation's point of contact with the BSR. They may coordinate your compliance efforts, but the organisation remains the PAP with full legal responsibility.

Mistake 3: "Our professional indemnity insurance covers us if something goes wrong." Insurance does not transfer statutory liability. If the PAP fails to comply with the Building Safety Act and that failure gives rise to a risk of death or serious injury, insurance does not prevent criminal prosecution. Insurance may cover financial losses, but it does not replace compliance.

Mistake 4: "We have appointed a Building Safety Manager, so they are accountable." The statutory Building Safety Manager role was removed from the final Act. While you may have someone performing that function operationally, it is not a recognised statutory role. The PAP remains accountable.

#Understanding your legal position

This section covers the enforcement framework and what it means for you personally. It is framed around protection -- understanding the risks so you can take the steps that shield you from them.

#Criminal offences under the Act

Section 101 of the Building Safety Act creates a criminal offence where a person contravenes a relevant requirement and that contravention gives rise to a risk of death or serious injury. For the PAP, this means that a failure to fulfil your obligations -- if that failure creates a risk of death or serious injury to residents or other people in or about the building -- could result in criminal prosecution.

The threshold is significant. Not every compliance failure is a criminal offence. The failure must give rise to a risk of death or serious injury. But the point is clear: building safety is not an administrative exercise. The consequences of neglect can be severe.

#The due diligence defence

Section 101(4) provides an important protection: it is a defence to show that you took all reasonable steps to comply with the relevant requirement. This is the due diligence defence, and it is the single most important reason to take your PAP obligations seriously and document your efforts.

"All reasonable steps" does not mean perfection. It means proportionate, documented, ongoing effort to manage building safety. If something goes wrong despite your genuine and demonstrable efforts to comply, the due diligence defence is available to you.

#How record-keeping protects you

The Golden Thread is not just a regulatory requirement -- it is your primary evidence in any enforcement scenario. If the BSR investigates your building, or if an incident occurs, your records demonstrate:

• What risks you identified and when
• What steps you took to mitigate those risks
• What professional advice you sought and followed
• When you reviewed and updated your assessments
• How you engaged with residents about safety

Comprehensive, accurate, up-to-date records are the foundation of the due diligence defence. They demonstrate that you were aware of your obligations, took them seriously, and acted proportionately.

A building with thorough records that experiences an incident is in a fundamentally different legal position from a building with poor records and the same incident.

#BSR enforcement powers

The BSR has a range of enforcement tools short of criminal prosecution:

• Compliance notices (s.97) -- requiring specific steps to be taken within a deadline
• Contravention notices (s.99) -- formal notice that a requirement has been breached
• Special measures -- in serious cases, the BSR can appoint a special measures manager to take over safety management

The BSR has stated that its approach is proportionate and risk-based. It is not looking to prosecute compliant building managers who are making genuine efforts. Its enforcement activity is focused on those who are aware of their obligations and are failing to act.

#The practical message

The liability framework exists to ensure building safety is taken seriously. For a PAP who is actively fulfilling their obligations -- maintaining records, assessing risks, engaging with residents, working with competent professionals -- the Act provides a clear framework and a defence against disproportionate enforcement.

The greatest risk is inaction. A PAP who is aware of their obligations but has not started to address them is in the most exposed position. Starting -- even imperfectly -- is better than waiting.

#Practical scenarios

The following scenarios are hypothetical but based on common building management structures. They illustrate how PAP responsibilities play out in practice.

#Scenario A: RTM company with volunteer directors managing a 12-storey tower

Riverside House is a 12-storey residential tower with 48 flats. The leaseholders exercised their Right to Manage three years ago, and the RTM company is run by four volunteer directors.

Who is the PAP? The freeholder -- a property investment company that retained the freehold when the RTM was exercised. The RTM company manages the building day to day, but the freeholder holds the legal estate in the structure and exterior.

The challenge: The freeholder has minimal involvement in the building. The RTM directors make all the practical decisions. But when the BSR calls the building in for BAC assessment, it is the freeholder who must submit the application and demonstrate compliance.

What should happen: The freeholder and RTM company need a formal agreement clarifying who does what. The RTM company may handle the practical work -- commissioning fire risk assessments, maintaining records, engaging residents -- but the freeholder must oversee that work and satisfy themselves it meets the required standard. The freeholder should appoint a designated individual (under section 74) and ensure the RTM company provides regular reports on building safety matters.

The freeholder cannot simply assume the RTM is handling everything. If the RTM company's volunteer directors lack the expertise to manage building safety effectively, the freeholder's liability is not reduced -- it may be increased, because they have not ensured competent management arrangements are in place.

#Scenario B: Freeholder using a managing agent for a 20-storey block

Highpoint Apartments is a 20-storey block with 120 flats owned by a private freeholder. The freeholder has appointed Apex Property Management as their managing agent under a comprehensive management agreement.

Who is the PAP? The private freeholder. The managing agent handles all day-to-day operations, but the freeholder holds the legal estate.

The challenge: The freeholder trusts the agent to "deal with everything" and has not been closely involved. The management agreement predates the Building Safety Act and does not specifically cover building safety obligations.

What should happen: The freeholder should review and update the management agreement to explicitly cover Building Safety Act obligations -- risk assessment, Golden Thread maintenance, occurrence reporting, resident engagement. The agreement should specify standards, reporting requirements, and the freeholder's right to audit compliance.

The freeholder should receive regular (at minimum quarterly) building safety reports from the agent. They should not simply delegate and forget. If the agent fails to maintain proper records or conduct risk assessments, the freeholder will be answerable to the BSR.

The freeholder should also consider whether the agent has sufficient expertise and resources to fulfil building safety duties. A management agreement that says "the agent will comply with the Building Safety Act" is insufficient if the agent lacks the capability to do so.

#Scenario C: RMC with professional company secretary managing multiple HRBs

Hartfield Estates Ltd is a Resident Management Company that owns the freehold of three higher-risk buildings (8, 10, and 14 storeys) on a connected estate. The RMC has appointed a professional company secretary and uses a specialist building safety consultancy.

Who is the PAP? Hartfield Estates Ltd (the RMC) for each of its three buildings. As the freeholder holding the legal estate, the company itself is the PAP.

The challenge: The RMC has multiple buildings, each with different construction types, risk profiles, and resident populations. The directors are leaseholders with day jobs. They rely on the professional company secretary and the building safety consultancy for compliance.

What should happen: The RMC should designate a named individual (likely the company secretary or a senior director) as the section 74 point of contact for each building. Building safety compliance should be a standing agenda item at board meetings, with reports from the consultancy.

Each building needs its own risk assessment, Safety Case Report, Golden Thread, and residents' engagement strategy -- the obligations are per-building, not per-organisation. The RMC should ensure its building safety consultancy provides clear deliverables and timelines, and that the board reviews and approves key safety documents rather than simply delegating to the consultancy.

Having professional support is a significant advantage. But the RMC's directors must understand their collective responsibility. "We left it to the consultants" is not a due diligence defence if the directors never reviewed what the consultants produced.

#Frequently asked questions

The questions below address the most common queries we receive about PAP responsibilities. Each answer is a summary -- refer to the relevant section of this guide for full details and statutory references.

#Who is the Principal Accountable Person for a higher-risk building?

The PAP is the accountable person who holds the legal estate in possession in the structure and exterior of the building, as defined in section 73 of the Building Safety Act 2022. In most cases, this is the freeholder. Where there is only one accountable person, that person is automatically the PAP. See Am I the Principal Accountable Person? above for detailed scenarios.

#Can a managing agent be the Principal Accountable Person?

No. A managing agent acts on behalf of the building owner but does not hold the legal estate in the building. The freeholder or other entity holding the legal estate in the structure and exterior remains the PAP regardless of management arrangements. The PAP can outsource management functions but cannot delegate legal liability.

#Can the PAP delegate their legal responsibilities?

The PAP cannot delegate their legal liability under the Building Safety Act. They can outsource management tasks to managing agents, building safety professionals, and specialist contractors, but accountability remains with the PAP. See Delegating responsibilities for details on what can and cannot be delegated.

#What happens if the PAP fails to comply with the Building Safety Act?

Non-compliance that gives rise to a risk of death or serious injury is a criminal offence under section 101. The BSR can also issue compliance notices and contravention notices. However, a due diligence defence is available if the PAP can demonstrate they took all reasonable steps. See Understanding your legal position.

#Is the RTM company the Principal Accountable Person?

No. An RTM company acquires the right to manage the building but does not acquire the legal estate in the structure and exterior. The freeholder remains the PAP even when an RTM company is in place. The RTM company may be a separate accountable person if it holds a repairing obligation, but it is not the PAP.

#What are the main duties of the Principal Accountable Person?

The PAP must register the building with the BSR, apply for a BAC when called, assess building safety risks regularly, take all reasonable steps to prevent major incidents, maintain the Golden Thread, prepare a Safety Case Report, establish an occurrence reporting system, prepare a residents' engagement strategy, and operate a complaints system. See Core responsibilities and PAP Obligations Quick Reference for the full list.

#Does the PAP need to designate an individual as a point of contact?

Yes. When the PAP is an organisation (such as a company or RMC), they must designate a named individual as the single point of contact for the BSR under section 74. This designated individual is not the PAP -- the organisation retains that role and the legal responsibilities that come with it.

This guide was written by the Brocade team and is based on the Building Safety Act 2022, the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023, and official guidance from the Building Safety Regulator. It is reviewed quarterly. Last verified against current legislation: March 2026.