Accountable Person vs Principal Accountable Person: Who Does What Under the Building Safety Act

TL;DR: The Building Safety Act 2022 creates two distinct accountability roles for higher-risk buildings: the Accountable Person (AP) and the Principal Accountable Person (PAP). Every higher-risk building has at least one AP, and one AP is always designated the PAP. The PAP carries additional duties including building registration, the Safety Case Report, and coordination across all APs. Understanding which role you hold determines exactly what the law requires of you.

Read the PAP responsibilities guide

#Two Roles, One Building

The Building Safety Act 2022 created a clear chain of accountability for every higher-risk building in England. Before the Act, building safety responsibility was often fragmented across freeholders, managing agents, and management companies -- with no one person or organisation clearly answerable when things went wrong.

The Act fixes this by defining two specific roles: the Accountable Person and the Principal Accountable Person. These are not interchangeable labels. Each carries distinct legal obligations, and getting confused about which role you hold can mean either doing too little (and facing enforcement) or duplicating effort that belongs to someone else.

This article explains who holds each role, what each role requires, and how the two work together. For a deeper look at AP duties specifically, see our Accountable Person duties explainer. For full PAP responsibilities, see the PAP responsibilities guide.

#Who Is an Accountable Person?

Under section 72 of the Building Safety Act, you are an Accountable Person if you:

The Accountable Person is defined in section 72 of the Building Safety Act as any person who holds a legal estate in possession in the common parts of a higher-risk building, or who has a repairing obligation for those common parts.

— Building Safety Act 2022, s.72

1. Hold a legal estate in possession in any part of the common parts of the building, or
2. Have a relevant repairing obligation for any part of those common parts

"Common parts" means the areas of the building that are not individual flats -- lobbies, corridors, stairwells, plant rooms, the structure itself, and the exterior. If you own or are legally responsible for maintaining any of these areas, you are an AP.

A building can have multiple APs. The freeholder might hold the legal estate in the structure and exterior, while a management company has a repairing obligation for internal common areas. Both are Accountable Persons with independent legal duties.

#Who Is the Principal Accountable Person?

The PAP is the specific Accountable Person who holds the legal estate in possession in the structure and exterior of the building, as defined in section 73.

The Principal Accountable Person is the Accountable Person who holds the legal estate in the structure and exterior of the building, and they carry the primary legal responsibility for building safety compliance.

— Building Safety Act 2022, s.73

In most buildings, this is the freeholder. But there are important nuances:

• Single AP buildings: If the building has only one Accountable Person, that person is automatically the PAP -- regardless of which part of the common parts they hold
• Multiple AP buildings: The AP who holds the legal estate in the structure and exterior is the PAP
• RTM buildings: The freeholder remains the PAP even when a Right to Manage company controls day-to-day management. The RTM acquires management functions, not the legal estate
• RMC-owned buildings: If a Resident Management Company has purchased the freehold, the RMC entity is the PAP

For a comprehensive breakdown of PAP identification scenarios, including complex ownership structures, see our PAP responsibilities guide.

#The Duties Comparison: AP vs PAP

This is the core question building managers ask: "What am I actually required to do?" The answer depends on which role you hold. The table below shows which duties fall on every AP and which are additional PAP-only responsibilities.

The pattern is clear: every AP has safety duties for their part of the building. The PAP has those same duties plus the coordination, registration, and reporting duties that apply to the building as a whole.

See how Brocade helps accountable persons track compliance

#Making It Concrete: A Multi-AP Building

Consider Lakeside Tower, a 14-storey residential building with 72 flats. The ownership structure creates two Accountable Persons:

• Lakeside Properties Ltd (freeholder) holds the legal estate in the structure and exterior -- making it the Principal Accountable Person
• Lakeside Residents' Management Company (RMC) has a repairing obligation for internal common parts (lobbies, corridors, stairwells) under the terms of the lease -- making it an Accountable Person

Here is what this means in practice:

Lakeside Properties Ltd (PAP) must register the building with the BSR, prepare the Safety Case Report, establish the residents' engagement strategy, designate a named individual as the BSR contact, and coordinate with the RMC on all safety matters. It must also assess risks and maintain Golden Thread records for the structure and exterior -- the parts it is directly responsible for.

Lakeside Residents' Management Company (AP) must assess building safety risks in the internal common areas it maintains, take reasonable steps to prevent harm in those areas, maintain Golden Thread records for its part of the building, report safety occurrences, and cooperate with the PAP by sharing information and coordinating on risk management.

Neither can assume the other is handling everything. If the RMC identifies damaged fire stopping in a corridor riser that penetrates the structural wall, it must report this to the PAP -- because the structural element falls under the PAP's responsibility. The PAP cannot claim ignorance if the RMC raised the issue and the PAP failed to act.

This cooperation duty is not theoretical. The BSR will assess whether APs have effective arrangements for sharing information and coordinating safety management. A building where the freeholder and management company operate in silos is a building with compliance gaps.

#Where the Building Safety Manager Fits In

You may encounter the term Building Safety Manager (BSM) in industry discussions, training materials, or even in your own organisation's structure. It is worth understanding what this role is -- and what it is not.

The BSM role was proposed during the passage of the Building Safety Bill as a statutory role sitting between the AP and the BSR. The intention was for building owners to appoint a named, competent individual responsible for day-to-day safety management.

The BSM role was removed from the final Act. It does not appear in the Building Safety Act 2022 as enacted. There is no statutory requirement to appoint a Building Safety Manager.

That said, many building owners and management companies use the BSM title operationally. They appoint someone -- often a building manager, facilities manager, or specialist consultant -- to coordinate building safety activities on a day-to-day basis. This is good practice and may help demonstrate that you are taking "all reasonable steps" to manage safety.

But the BSM (however titled) is not an Accountable Person or PAP unless they independently meet the criteria under sections 72 or 73. Appointing a BSM does not transfer or reduce the legal responsibilities of the AP or PAP. The AP or PAP remains legally answerable for building safety, and the BSM acts on their behalf.

#Common Mistakes: AP and PAP Confusion

Building managers frequently make these mistakes when trying to work out their responsibilities. Each one can leave compliance gaps.

Mistake 1: "Our managing agent is the Accountable Person." A managing agent does not hold a legal estate in the building. They act on the owner's behalf. The freeholder or other legal estate holder remains the AP. The agent may carry out AP functions, but the legal duty stays with the estate holder.

Mistake 2: "We only have one person responsible, so the AP/PAP distinction does not matter." If your building has only one AP, you are automatically the PAP. This means you carry all duties -- both the shared AP duties and the PAP-only duties like registration and the Safety Case Report. The distinction still matters because it tells you the full scope of what is required.

Mistake 3: "The RTM company took over, so the freeholder is no longer involved." The freeholder remains the PAP. Right to Manage transfers management functions, not the legal estate in the structure and exterior. The freeholder must still register the building, prepare the Safety Case Report, and coordinate with the RTM company on safety matters.

Mistake 4: "Our Building Safety Manager handles all of this." The BSM is not a statutory role. Appointing one does not transfer AP or PAP duties. The AP/PAP remains legally responsible regardless of internal management arrangements.

For the complete guide to PAP identification across different ownership structures, including RTM, RMC, and complex multi-AP buildings, see our PAP responsibilities guide.

#What Happens When Roles Are Unclear

In some buildings, the ownership structure makes AP and PAP identification genuinely difficult. Complex head lease arrangements, disputes about the legal estate, or buildings where the freehold has changed hands without proper notification can all create uncertainty.

If you are unsure whether you are an AP or PAP:

1. Check the Land Registry title for the building to confirm who holds the legal estate in the structure and exterior
2. Review lease terms to identify repairing obligations that create additional APs
3. Contact the BSR if you believe the wrong person is registered as the PAP -- the BSR maintains the register and can investigate
4. Seek legal advice from a solicitor experienced in building safety law for complex structures

The worst outcome is nobody acting because everyone assumes someone else is responsible. The BSR has been clear: if you might be an AP or PAP, start fulfilling the duties now while the legal position is clarified. Acting and being wrong about the precise designation is far less risky than not acting at all.

For a comprehensive overview of the Building Safety Act and all its requirements, see our Building Safety Act Complete Guide.

#Frequently Asked Questions

#What is the difference between an Accountable Person and a Principal Accountable Person?

An Accountable Person (AP) is anyone who holds a legal estate in a higher-risk building's common parts or has a repairing obligation for them, as defined in section 72 of the Building Safety Act 2022. The Principal Accountable Person (PAP) is the specific AP who holds the legal estate in the building's structure and exterior, under section 73. Every higher-risk building has at least one AP, and one AP is always designated the PAP.

#Can a building have more than one Accountable Person?

Yes. A building can have multiple Accountable Persons if different parties hold legal estates in different common parts or have separate repairing obligations. For example, a freeholder may be the AP for the structure and exterior while a Resident Management Company is a separate AP for internal corridors and lobbies. The AP who holds the legal estate in the structure and exterior is the Principal Accountable Person.

#What extra duties does the Principal Accountable Person have compared to an Accountable Person?

The PAP has all the duties of an AP plus additional responsibilities: registering the building with the Building Safety Regulator, applying for a Building Assessment Certificate when called, coordinating safety management across all APs, preparing the Safety Case Report, and establishing the residents' engagement strategy and complaints system. These additional duties are set out in sections 77, 78, 85, 91, and 93 of the Building Safety Act 2022.

#Is a Building Safety Manager the same as an Accountable Person?

No. The Building Safety Manager (BSM) role was proposed during the passage of the Building Safety Bill but was removed from the final Act. It is not a statutory role. Some organisations use the title operationally for the person who coordinates building safety activities, but that individual is not an Accountable Person or PAP unless they independently meet the legal criteria under sections 72 or 73.

#What happens if Accountable Persons in the same building do not cooperate?

Cooperation between APs is a legal duty under sections 72 and 74 of the Building Safety Act 2022. If APs fail to cooperate, the Building Safety Regulator can take enforcement action. Gaps in safety management caused by poor coordination could give rise to a risk of death or serious injury, which is a criminal offence under section 101. The PAP has a specific duty to take all reasonable steps to ensure cooperation.

#Further Reading

• Accountable Person Duties Under the Building Safety Act -- detailed breakdown of AP obligations
• Principal Accountable Person Responsibilities Guide -- comprehensive PAP guide with scenarios
• Building Safety Act Complete Guide -- overview of the full BSA regime
• The Complete Golden Thread Guide -- how to set up and maintain your building information record
• What Is a Building Safety Case? -- understanding the safety case your building needs
• BSA Compliance Checklist -- step-by-step checklist of all your obligations
• Higher-Risk Buildings: Definition and Criteria -- which buildings require Accountable Persons
• Building Assessment Certificate Guide -- preparing for the BAC process the PAP must manage
• Safety Case Report Guide -- the report the PAP must prepare
• Mandatory Occurrence Reporting -- an AP reporting obligation
• Service Charge Software -- managing the financial obligations that fall on Accountable Persons
• Building Safety Director for RTM Companies -- appointing a building safety lead when the PAP is an RTM company

This article is for informational purposes. For building-specific advice, consult a qualified fire safety professional.

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