The Building Safety Act 2022 — Accountable Person Duties Explained
The Building Safety Act 2022 created a new safety regime for higher-risk buildings. If you own, manage or have control of a residential building over 18m or 7 storeys, the duties are extensive and the penalties are unlimited.
What the Building Safety Act 2022 does
The Building Safety Act 2022 (BSA 2022) is the most significant change to building safety law in the UK since the Fire Precautions Act 1971. It was the Government's response to the Grenfell Tower Inquiry and created a new regime for Higher-Risk Buildings (HRBs):
- Residential buildings 18 metres or more in height
- Residential buildings with 7 or more storeys above ground
- Care homes and hospitals at the same threshold
The Accountable Person
The BSA introduces the role of Accountable Person (AP) — distinct from, but overlapping with, the Responsible Person under the Fire Safety Order.
An AP is anyone who:
- Owns or has a legal interest in the building
- Has obligations relating to the maintenance and repair of common parts
Where there are multiple APs, one must be designated the Principal Accountable Person (PAP) — typically the freeholder or RMC.
The four core duties
The PAP must:
1. Register the building with the Building Safety Regulator 2. Apply for a Building Assessment Certificate 3. Assess and manage building safety risks (specifically fire and structural risks) 4. Maintain a Safety Case Report
The Safety Case Report is a living document — it must demonstrate, with evidence, that all reasonably practicable steps have been taken to prevent and mitigate building safety risks.
The Golden Thread
The Act introduced the concept of the Golden Thread of Information — a digital, accurate and accessible record of:
- How the building was designed and constructed
- What materials and products were used
- All subsequent modifications and refurbishments
- All safety-critical inspections and certificates
For fire safety, this means defensible records of:
- Every FRA and review
- Compartmentation surveys (Type 1 to Type 4)
- Fire door inspections and remediations
- AOV, sprinkler and alarm commissioning documents
- Cladding and external wall details
Resident Engagement Strategy
The PAP must publish and follow a Resident Engagement Strategy — explaining how residents will be informed about safety decisions, complaints handled and information shared.
Penalties
The BSA 2022 introduced unlimited fines and imprisonment up to two years for breaches of safety duties. The Building Safety Regulator has the power to issue Compliance Notices and Stop Notices.
Interaction with the Fire Safety Order
For an HRB you simultaneously have:
- Fire Safety Order 2005 — Responsible Person duties (now including external walls and flat entrance doors post-FSA 2021)
- Fire Safety (England) Regulations 2022 — operational duties (Reg 10, secure information boxes, wayfinding)
- Building Safety Act 2022 — Accountable Person duties for the lifecycle of the building
These regimes overlap but are not the same. Most building safety incidents now involve concurrent prosecutions under multiple regimes.
Need help building a defensible Golden Thread fire safety record for your HRB? Book a consultation.
