What is the purpose of tall building registration?

Registration is required to enable The Building Safety Regulator to scrutinise fire risk assessments, legislative compliance with new inspection regimes and to ensure fire safety recommendations are acted upon. Supported by the Fire Service the scrutiny of both construction and management of high rise buildings will hit a new norm as the Fire Service gear up to move into phase 3 of their surveillance duties.

What will registration cost?

The fee for registration costs £251, in addition there is the cost of an expert preparing and submitting the required information. Registration is not an admin job as a specialist has to compile and submit structure and safety information, and a safety case report so costs (depending on the complexity of the building) from £500 to about £1,000.

The Registration requires us to identify the person who will fulfil?

Two new legal roles.  (which are defined in the Building Safety Act)

• The Accountable person
• The Principle Accountable person

Who is the Accountable person (under the Building Safety Act 2022)?

An Accountable person is an individual or organisation that owns or has a legal obligation to repair any common parts of the building.

Common parts are used by residents, such as:

• The structure and exterior of the building
• Corridors
• Lobbies
• Staircases

Examples of an Accountable person are a:

• Freeholder or estate owner
• Landlord
• Management Company
• Resident Management Company
• Right to Manage Company
• Commonhold Association

Who is the Principle Accountable person (under the Building Safety Act 2022)?

The Act stipulates that each building must have one clearly identifiable Accountable person, known as the Principle Accountable person. Again, where there are multiple Accountable persons, then whoever owns or has a legal obligation to repair the structure and exterior of the building is the Principle Accountable person.

The words OWN or HAS A LEGAL OBLIGATION TO REPAIR any common parts of the building make it clear that both the Accountable person, and the Principle Accountable persons, are parties legally bound to the building. Accountability cannot be delegated to an Agent as accountability arises from the structure of the lease - i.e., residents who stand as directors of any freehold, resident management or right to manage company (FH Co, RMan Co, RTM Co)

The Accountable person may instruct the Managing Agent to employ an expert to compile what needs to be done. So, this email is to let you know that as a Director of a FH Co, RMan Co or RTM Co, this means that we have to list your names as Directors legally responsible for the obligation to repair...... which makes you the Accountable persons.

And, unless your FH CO, RMan Co or RTM Co has a Principle Accountable person then we will have to list that all Directors as jointly and severally the Principle Accountable person.

What are the duties of the Principle Accountable person?

The Principle accountable person must manage the buildings safety by:

• Putting together a safety case for the building and preparing a safety case report.
• Operating a reporting system to record building safety issues and incidents.
• Operating a complaints system to investigate concerns about the buildings safety risks or the performance of an accountable person.
• Displaying required information and documentation clearly within the building.
• Preparing and updating a residents engagement strategy so that residents and owners can participate in making building safety decisions.
• Applying for a building assessment certificate when directed by the Building Safety Regulator.

The Principle Accountable person must notify the Building SafetyRegulator about changes to the:

• Buildings safety risks
• Safety case report

What are the risks in being the Principle Accountable Person?

Breach of duties

The Building Safety Regulator will work with the Accountable person or principal accountable person to resolve any potential non-compliance. If the matter cannot be resolved, the Building Safety Regulator can take a range of enforcement actions, including issuing compliance notices and in some cases, prosecution

In extreme cases, the Building Safety Regulator can apply for a special measures order appointing a special measures manager to take over the building safety duties from all accountable persons for the building.

• Ringley are preparing to appoint a suitably qualified expert to register all buildings over 18 metres in July 2023. The cost of this will be covered by the service charge.
• This expert will compile and submit structure and safety information, and a safety case report and put together the resident consultation information required
• Where there is one director of a FH Co, RMan Co or RTM Co then this expert will register this director as the Principle Accountable person.
• Where a Board has a Chairperson then the expert will register this director as the Principle Accountable person.
• Where there is a Board with no clear chair person then then we will have no option but to register all of the board as the Principle Accountable person(s).
• The expert will register the entire Board as Accountable Persons.

How does the role of Accountable person and Principle Accountable person differ from the Responsible Person?

Previously terminology under the Fire Safety Order only went as far as defining the Responsible Person . What is new is that the Accountable person may be able to delegate the task, but cannot delegate the accountability.

The role of the Responsible Person still exists, and as before their role and responsibilities are to:

• Undertake a fire risk assessment of the premises and review it regularly
• Take steps to prevent incidents from happening
• Put measures in place to lessen the severity of any incident