Scope test
Is the building a higher-risk building?
For the Building Safety Act occupation regime, the building must be in England, contain at least two residential units and be at least 18 metres high or have at least seven storeys. Detailed 2023 regulations define how to identify the building, count storeys, measure height and apply exclusions.
Do not rely on estate names, marketing descriptions or an approximate floor count. Complex structures with connected sections, shared basements or multiple cores may require careful application of the legal building definition.
- Apply the occupation-phase definition
- Check both height and storey limbs
- Confirm at least two residential units
- Use the prescribed measurement and storey rules
- Check statutory exclusions and document the conclusion
Avoid confusion
Higher-risk is not the same as high-rise or relevant building
Several regimes use similar terms with different purposes. A “relevant building” for leaseholder protections can be at least 11 metres or five storeys, while the Fire Safety (England) Regulations use “high-rise residential building” for specified operational duties.
Design and construction can also include qualifying hospitals and care homes at the higher-risk threshold, whereas the occupied Part 4 regime is based on residential units.
| Definition | Main purpose |
|---|---|
| Higher-risk building in occupation | Part 4 accountable-person, registration and safety-management regime. |
| Higher-risk building during design/construction | Enhanced BSR building-control regime; use criteria differ. |
| Relevant building | Building Safety Act leaseholder-cost protections. |
| High-rise residential building | Specific duties under the Fire Safety (England) Regulations 2022. |
Dutyholders
Who are the AP and PAP?
An accountable person is an organisation or individual that owns or has a legal obligation to repair common parts of the building. Several accountable persons can be responsible for different parts. The principal accountable person is the AP responsible for the structure and exterior, or the only AP where there is just one.
The identity follows legal ownership and repair obligations, not the job title chosen by a management team. Where the position is disputed, an interested party can apply to the First-tier Tribunal for a determination.
Accountable person
Manages building-safety risk in the parts for which it is legally responsible.
Principal accountable person
Registers the building and coordinates specified whole-building systems and submissions.
Responsible person
Holds duties under the Fire Safety Order; may be the same organisation but is a separate legal role.
Managing agent
May perform tasks, but appointment does not automatically transfer the statutory identity.
Occupied regime
The ongoing duties that must work together
APs assess building-safety risks and take all reasonable steps to prevent a major incident and reduce its severity. The PAP operates the building-wide systems, keeps the safety case report current and applies for a building assessment certificate when directed.
Compliance is a management system, not a document pack assembled only after BSR writes. Records should show current risk understanding, decisions, responsibility and verified action.
- Register and update key building information
- Assess fire-spread and structural-failure risks
- Maintain the safety case report and golden thread
- Operate mandatory occurrence reporting
- Prepare resident engagement and complaints arrangements
- Display and provide required building information
Whole-building coordination
How AP duties connect to the FRA
The Building Safety Act risk assessment and Fire Safety Order FRA have different statutory purposes. The safety case addresses fire spread and structural failure across the higher-risk building. The FRA addresses relevant persons and general fire precautions within the Order’s scope.
Section 156 requires responsible persons to identify and cooperate with accountable persons. In practice, the parties should reconcile the fire strategy, external-wall evidence, evacuation arrangements, maintenance, resident needs and action plans.