---
title: "Building Safety Act Accountable Persons: What RMC and RTM Directors Are Responsible For"
url: https://manage.management/blog/building-safety-act-accountable-persons-what-rmc-and-rtm-directors-are-responsible-for
description: "Is your RMC or RTM company an accountable person? Building Safety Act duties for high-rise blocks, the principal accountable person and what to do now."
author: "Franklin Baeza"
published: 2026-10-31T06:34:54.000Z
updated: 2026-10-31T07:37:00Z
categories: ["Maintenance & Safety","Governance & Compliance"]
publisher: Manage.Management
language: en-GB
---

# Building Safety Act Accountable Persons: What RMC and RTM Directors Are Responsible For

Is your RMC or RTM company an accountable person? Building Safety Act duties for high-rise blocks, the principal accountable person and what to do now.

If your residents' management company (RMC) or Right to Manage (RTM) company is responsible for repairing the common parts of a block that is at least 18 metres high or has at least 7 storeys, the company is almost certainly an "accountable person" under section 72 of the Building Safety Act 2022. That means it must assess and manage fire and structural safety risks, keep the "golden thread" of building information, report safety occurrences and engage residents. If it is also responsible for the structure and exterior, it is the principal accountable person, which must register the building, prepare a safety case report and run a complaints system. These duties have applied to occupied buildings since 16 January 2024, and they cannot be handed to a managing agent.

Most resident directors never volunteered to be building safety duty holders. They joined a board to keep service charges sensible and the lights on in the hallway. But for the [more than 13,000 high-rise residential buildings](https://buildingsafety.campaign.gov.uk/building-safety-regulator-making-buildings-safer/building-safety-toolkit/) in England, the law now puts named legal duties on whoever owns or repairs the common parts, and in many blocks that is a company run by unpaid leaseholders. This guide explains who counts, what each role must do, what is changing, and how directors can stay on top of it.

> This article is general information about leasehold buildings in England, not legal advice. Building safety duties depend on your lease and the building, so take specialist advice on any specific case.

## Key takeaways

- An accountable person is anyone who holds a legal estate in, or has a repairing obligation for, any part of the common parts of a higher-risk building (s.72 Building Safety Act 2022). RMCs, RTM companies and commonhold associations can all qualify.
- A higher-risk building is at least 18 metres high or at least 7 storeys, with at least 2 residential units (s.65).
- The principal accountable person is the accountable person responsible for the structure and exterior (s.73). It must register the building, prepare a safety case report, run a residents' engagement strategy and a complaints system.
- Occupying an unregistered higher-risk building is a criminal offence for the principal accountable person, with up to two years' imprisonment on indictment (s.77).
- Duties cannot be delegated. A managing agent can do the work, but liability stays with the accountable person, according to [GOV.UK guidance on accountable persons](https://www.gov.uk/guidance/safety-in-high-rise-residential-buildings-accountable-persons).
- The Building Safety Regulator launched a free toolkit for principal accountable persons on 16 October 2026 and has promised more time and support for volunteer-run RMCs.

## Which buildings does the accountable person regime cover?

The accountable person regime only applies to occupied higher-risk buildings in England. Under [section 65 of the Building Safety Act 2022](https://www.legislation.gov.uk/ukpga/2022/30/section/65), that means a building at least 18 metres high or with at least 7 storeys, containing at least 2 residential units.

If your block is lower than that, Part 4 of the Act does not apply, but you are not off the hook. Whoever controls the common parts is usually the "responsible person" under the [Regulatory Reform (Fire Safety) Order 2005](https://www.legislation.gov.uk/uksi/2005/1541/contents), with extra duties for blocks over 11 metres under the [Fire Safety (England) Regulations 2022](https://www.legislation.gov.uk/uksi/2022/547/contents). Leaseholder cost protections for historical defects also start at 11 metres or 5 storeys, which is a different line again.

## Who is an accountable person?

An accountable person is whoever owns, or is legally obliged to repair, any part of the common parts. [Section 72](https://www.legislation.gov.uk/ukpga/2022/30/section/72) sets out two routes:

1. **Ownership.** A person holding a legal estate in possession in any part of the common parts, such as the freeholder.
2. **Repairing obligation.** A person with no legal estate who is required, under a lease or by law, to repair or maintain any part of the common parts.

"Common parts" is wide. It covers the structure and exterior (except what is demised to a single flat or business unit) and any part provided for more than one residential unit, such as corridors, lobbies and stairs.

In practice, for resident-led buildings:

| Arrangement | Who is likely to be the accountable person | Why |
| --- | --- | --- |
| RTM company has acquired the right to manage | The RTM company | The landlord's repairing obligations become functions of the RTM company, so the landlord drops out (s.72(2)(b)) |
| RMC is party to a tripartite lease with repairing covenants | The RMC, for the parts it must repair | It has a relevant repairing obligation under the lease |
| RMC or leaseholder-owned company owns the freehold (share of freehold) | The freehold company | It holds the legal estate in the common parts |
| Building is on commonhold land | The commonhold association | Commonhold associations are named directly (s.72(5)) |
| Managing agent under a management contract only | Not the managing agent | A contract to carry out maintenance is not a repairing obligation under a lease |

Our [plain guide to residents' management companies](https://manage.management/blog/residents-management-company-a-plain-guide-for-flat-owners) explains how these structures usually work. If it is genuinely unclear who the accountable person is, the regulator, an owner or anyone with a repairing obligation can ask the First-tier Tribunal to decide under [section 75](https://www.legislation.gov.uk/ukpga/2022/30/section/75).

## What is a principal accountable person?

Every higher-risk building must have one principal accountable person. Under [section 73](https://www.legislation.gov.uk/ukpga/2022/30/section/73), if there is only one accountable person, it is the principal accountable person. If there are several, it is the one that owns or must repair the structure and exterior of the building.

For many RTM buildings, the RTM company will be both. In a building where a freeholder keeps the structure and an RMC looks after internal common parts, the freeholder is likely to be the principal accountable person and the RMC an accountable person for its parts. They must work together and share information.

## What must accountable persons actually do?

Each accountable person must assess and manage the risks of fire spread and structural failure in the parts it is responsible for, and keep and share the information behind those decisions. The main duties are:

| Duty | Who | Section |
| --- | --- | --- |
| Register the building with the Building Safety Regulator before it is occupied | Principal accountable person | ss.77-78 |
| Assess building safety risks, at regular intervals and when circumstances change | Each accountable person | s.83 |
| Take all reasonable steps to prevent those risks materialising and reduce the severity of an incident | Each accountable person | s.84 |
| Prepare and keep up to date a safety case report | Principal accountable person | s.85 |
| Report safety occurrences to the regulator, and run a mandatory occurrence reporting system | Each accountable person; system run by principal | s.87 |
| Keep prescribed building information (the "golden thread") and share it with residents, owners and the regulator | Each accountable person | ss.88-89 |
| Prepare a residents' engagement strategy and give it to residents aged 16 or over and flat owners | Principal prepares; each accountable person distributes | s.91 |
| Operate a complaints system for building safety concerns | Principal accountable person | s.93 |
| Apply for a building assessment certificate within 28 days when directed | Principal accountable person | s.79 |

Registration opened on 6 April 2023, and it has been an offence to have an occupied but unregistered higher-risk building since 1 October 2023. Most of the ongoing duties, including risk assessment, management, the safety case report and the complaints system, have been in force since 16 January 2024. GOV.UK's [golden thread guidance](https://www.gov.uk/guidance/keeping-information-about-a-higher-risk-building-the-golden-thread) says this information must be kept digitally, accurately and securely, with a record of who changed what and when.

Residents have duties too. Under [section 95](https://www.legislation.gov.uk/ukpga/2022/30/section/95), residents aged 16 or over and flat owners must not create a significant safety risk, must not interfere with relevant safety items such as fire doors or alarms in the common parts, and must give accountable persons information they reasonably need.

## Can the managing agent take on these duties?

No. A managing agent can carry out the work, but it cannot take on the legal duty. [GOV.UK guidance](https://www.gov.uk/guidance/safety-in-high-rise-residential-buildings-accountable-persons) is explicit that accountable persons "cannot delegate their legal obligations to others" and that liability for the building's safety stays with them.

That has two practical consequences for directors. First, you need to be able to show you checked that your agent, fire risk assessor and engineers are competent and have the capacity to do the job, and that you keep checking. Second, the board needs to see the evidence: the risk assessments, the actions taken and the records, not just a line in the agent's monthly report saying "compliance in hand". Our guide to [evaluating a managing agent](https://manage.management/blog/managing-agent-uk-how-to-evaluate-one-before-you-sign) has questions to ask before you appoint one.

## What happens if the duties are not met?

The Building Safety Regulator can issue a compliance notice requiring specific steps within a set time, and can mark it an urgent action notice where people are in imminent danger. Ignoring a compliance notice without reasonable excuse is an offence carrying up to two years' imprisonment on indictment, a fine, or both ([section 99](https://www.legislation.gov.uk/ukpga/2022/30/section/99)). The same penalties apply to occupying an unregistered building and to failing to apply for a building assessment certificate when directed.

Residents can also complain, first through the principal accountable person's complaints system and then to the regulator under section 94.

## What is changing for resident-led buildings?

The direction of travel is more support for volunteer-run companies, alongside wider remediation duties.

- **More proportionate assessments.** In July 2026 the regulator said it would [take a more proportionate and targeted approach](https://www.gov.uk/government/news/bsr-to-introduce-more-proportionate-and-targeted-approach-for-higher-risk-building-assessments) to building assessment certificates, focus first on organisations responsible for multiple buildings, and give smaller, volunteer-run RMCs more time to prepare evidence. The ongoing duties remain in place in the meantime.
- **A free toolkit.** The regulator's [managing building safety toolkit](https://buildingsafety.campaign.gov.uk/building-safety-regulator-making-buildings-safer/building-safety-toolkit/) brings together webinars, guides, safety case report help and free training for resident-managed buildings.
- **A cladding remediation duty (proposed).** The Building Safety (Remediation of Unsafe Cladding etc) Bill, introduced on 14 October 2026 and given its second reading on 27 October, would place a legal duty to assess and remediate unsafe cladding on the "responsible entity" for residential buildings over 11 metres or 5 storeys. The [government's guide to the Bill](https://www.gov.uk/government/publications/guide-to-the-building-safety-remediation-of-unsafe-cladding-etc-bill/guide-to-the-building-safety-remediation-of-unsafe-cladding-etc-bill) confirms that RTM companies and RMCs can be responsible entities, and that regulators must consider statutory guidance before fining a leaseholder-controlled company. It is not yet law; the duties would start two months after Royal Assent.
- **Help for collectively owned buildings (proposed).** On 27 October 2026 the government [announced plans](https://www.gov.uk/government/news/more-people-protected-as-government-acts-to-make-more-homes-safe) to fund remediation of high-cost internal fire safety defects in collectively owned and enfranchised buildings, which currently fall outside the Building Safety Act's leaseholder protections, and to raise the multiple-property limit for protection from non-cladding defect costs from three properties to six. Details are still to come.

## What should RMC and RTM directors do now?

Start by confirming your status, then build a simple, evidenced routine. For a board that is an accountable person:

1. **Confirm the role in writing.** Read the lease and any RTM acquisition documents, decide whether the company is an accountable person, the principal accountable person, or both, and minute the decision.
2. **Check registration.** Make sure the building is registered with the regulator and the details, including the principal accountable person's contact, are current.
3. **Appoint competent help.** Commission fire and structural risk assessments from suitably qualified people, and record why you judged them competent.
4. **Track every action.** Turn each assessment finding into an action with an owner and a date, and record when it is closed. This becomes the backbone of your safety case report.
5. **Build the golden thread.** Keep plans, assessments, certificates and maintenance records in one digital, version-controlled place that other accountable persons and the regulator can access.
6. **Engage residents.** Publish the residents' engagement strategy, explain how to report occurrences and complaints, and actually consult residents on safety decisions.
7. **Budget for it.** Put assessment, record-keeping and professional fees in the service charge budget so the costs are visible and planned. Our guide to [planned preventive maintenance](https://manage.management/blog/planned-preventive-maintenance-a-guide-for-leasehold-blocks) shows how to phase recurring safety work.
8. **Use the toolkit.** Work through the regulator's free training for resident-managed buildings, and record that directors have done it.

If you are new to the board, our guide to [what a resident director does](https://manage.management/blog/what-does-a-resident-director-do-roles-and-responsibilities-explained) covers the wider company duties, and [what happens after you win the right to manage](https://manage.management/blog/right-to-manage-what-happens-after-you-win) explains the handover where these duties often first land.

## How Manage.Management helps

Manage.Management gives resident directors a single place for the golden thread: a shared document library for risk assessments, certificates and plans, a compliance calendar for reassessment and inspection dates, and maintenance tracking that links each safety action to the evidence that closed it. Residents can report issues through the platform, so occurrences and complaints arrive with a date stamp rather than in a director's personal inbox. It does not replace a competent fire engineer, but it makes the board's decisions easy to show.

## Frequently asked questions

### Is my RTM company automatically an accountable person?

If the building is a higher-risk building and the RTM company has acquired the right to manage, almost certainly yes. Once the landlord's repairing obligations for the common parts are functions of the RTM company, section 72(2)(b) takes the landlord out, and the RTM company is the accountable person for those parts.

### Our block is 15 metres high. Do these duties apply to us?

Not the Part 4 accountable person duties, which start at 18 metres or 7 storeys. You will still have fire safety duties as the responsible person under the Fire Safety Order, including extra duties for buildings over 11 metres, and the proposed cladding remediation duty would cover buildings over 11 metres or 5 storeys.

### Are directors personally liable as accountable persons?

The accountable person is usually the company, not the individual directors. But the company acts through its board, so directors need to make sure the duties are being met and recorded. If you are worried about personal exposure, check the company's directors' and officers' insurance and take legal advice.

### Can we recover building safety costs through the service charge?

That depends on what your lease allows. Ordinary safety management costs are often recoverable as part of management or maintenance, but historical remediation costs are restricted for qualifying leaseholders under the Building Safety Act 2022. Check the lease and the leaseholder protections before budgeting.

### What should residents do if they think the building is unsafe?

Report it through the principal accountable person's mandatory occurrence reporting or complaints system first. If that does not resolve it, residents can complain to the Building Safety Regulator, and in an emergency they should always call 999.

## Accountability belongs in the open

The accountable person regime asks a lot of volunteer boards, but its core idea is right: someone must own the safety of every high-rise home, and residents should be able to see what they are doing. Directors who keep the evidence organised and visible will find the regulator, insurers and their neighbours far easier to deal with. Treat the golden thread as something you share, not something you file.

Last reviewed: 31 October 2026 by Franklin Baeza, Manage.Management. This article is general information for England and Wales, not legal advice. Check the current position with a qualified adviser before acting.

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Source: [Building Safety Act Accountable Persons: What RMC and RTM Directors Are Responsible For](https://manage.management/blog/building-safety-act-accountable-persons-what-rmc-and-rtm-directors-are-responsible-for) on the Manage.Management blog.