The Building Safety Act 2022 creates personal liability for those responsible for building safety. If you're an Accountable Person — or think you might be — this guide explains exactly what's expected of you.. Personal Liability — A New Era The Building Safety Act 2022 introduces a concept that has sent shockwaves through the UK property industry: personal accountability for building safety. For the first time, named individuals — Accountable Persons — carry direct legal responsibility for the safety of higher risk buildings. This is not about corporate liability or delegated responsibility. It is about individuals who can be prosecuted, fined, and potentially imprisoned if they fail in their duties. Who Is the Accountable Person? The Accountable Person (AP) is defined as: The person who holds a legal estate in possession in any part of the common parts of the building, OR The person who is under an obligation to repair or maintain any part of the common parts In practice, this typically means: Freeholders of the building Right to Manage (RTM) companies that have taken on management responsibilities Commonhold associations In some cases, managing agents if they hold a relevant legal interest Where multiple APs exist, a Principal Accountable Person (PAP) must be identified — typically the person with the most comprehensive legal interest in the building. The Seven Core Duties 1. Registration Register the building with the Building Safety Regulator. This must include comprehensive building information. 2. Assessment of Building Safety Risks Commission and maintain an ongoing assessment of all building safety risks — this goes beyond a standard fire risk assessment to cover structural safety and other building safety risks. 3. Safety Case Report Prepare a Safety Case Report demonstrating how identified risks are being managed. This must be kept up to date and available for BSR inspection. 4. Mandatory Reporting Report safety occurrences to the BSR within defined timeframes: Structural failure — immediate Fire spread beyond room of origin — immediate Risk of structural failure — as soon as practicable Fire safety system failure — as soon as practicable 5. Residents' Engagement Strategy Develop and implement a strategy for engaging with residents on building safety matters. This must be genuinely meaningful — not a box ticking exercise. 6. Complaints Handling Establish a complaints procedure for building safety concerns and respond within defined timeframes. 7. Golden Thread Maintain the golden thread of building information — a digital record of all information needed to understand and manage building safety throughout the building's lifecycle. Enforcement and Penalties The BSR has significant enforcement powers: Compliance notices — requiring specific actions within a timeframe Improvement notices — requiring general improvements to safety management Special measures — the BSR can appoint a special measures manager to take over management of the building Prosecution — criminal prosecution for serious failures Unlimited fines and up to 2 years imprisonment for the most serious offences The BSR has made clear that it will take a risk based approach to enforcement, focusing on the most serious failures and those who refuse to engage. Practical Steps for Compliance Immediate actions: 1. Determine whether you are an Accountable Person 2. Identify all other APs for the building and agree who is the PAP 3. Register the building with the BSR 4. Commission a building safety assessment 5. Appoint competent fire safety and structural safety advisers Ongoing requirements: 1. Prepare and maintain the Safety Case Report 2. Implement the Residents' Engagement Strategy 3. Establish the complaints procedure 4. Begin building the golden thread 5. Ensure all mandatory reporting obligations are understood 6. Budget for ongoing compliance costs The Cost of Getting It Right — and Getting It Wrong Compliance costs are significant but manageable: Safety Case Report preparation: £15,000 £50,000 Building safety assessment: £10,000 £30,000 Golden thread systems: £5,000 £15,000 annually Ongoing advisory costs: £10,000 £25,000 annually But non compliance costs are potentially devastating: BSR enforcement costs Remediation works ordered by compliance notices Criminal prosecution costs and fines Reputational damage Personal criminal record for the Accountable Person For Accountable Person advisory services and compliance support, contact Magnus Opifex.