In short
- The responsible person (Fire Safety Order) applies to the common parts of every block of flats.
- The accountable person (Building Safety Act) applies only to occupied higher-risk buildings.
- Since 2022, the Fire Safety Order covers the structure, external walls and flat entrance doors of multi-occupied residential buildings.
- Often the same organisation holds both roles – but the duties, evidence and regulators differ.
The responsible person (Fire Safety Order)
The Regulatory Reform (Fire Safety) Order 2005 applies to the common parts of blocks of flats and to almost all non-domestic premises. Its duties fall on the responsible person – broadly, the person who has control of the premises or the owner. In a block of flats that's typically the freeholder, a resident management company (RMC) or right to manage (RTM) company, or a landlord such as a housing association or council.
Since the Fire Safety Act 2021 took effect in May 2022, the Order clearly covers the building's structure and external walls – including windows and balconies – and flat entrance doors in multi-occupied residential buildings.
The responsible person must:
- Carry out and keep under review a suitable and sufficient fire risk assessment, recorded in full (since October 2023, including who carried it out)
- Put in place and maintain general fire precautions
- Meet the Fire Safety (England) Regulations 2022 – fire door checks, resident information and, for high-rise buildings, the premises information box and plans
- Meet the residential PEEPs duties where they apply – see residential PEEPs
- Cooperate and coordinate with any other responsible persons
The fire and rescue service enforces the Order.
The accountable person (Building Safety Act)
The Building Safety Act 2022 creates the accountable person for occupied higher-risk buildings – those at least 18m or 7 storeys with two or more residential units. See is my building a higher-risk building?
An accountable person is someone who holds a legal estate in, or has a repairing obligation for, any part of the common parts. Where there's more than one, the principal accountable person (PAP) is the one responsible for the structure and exterior.
The PAP and accountable persons must:
- Register the building and provide key building information
- Assess and manage the building safety risks – fire spread and structural failure
- Prepare a safety case report and apply for a building assessment certificate when directed – see why safety cases get refused
- Run a mandatory occurrence reporting system and a resident engagement strategy
- Keep the golden thread of information – see the golden thread
The Building Safety Regulator enforces these duties.
Responsible person vs accountable person: how the roles overlap
| Responsible person | Accountable person | |
|---|---|---|
| Law | Fire Safety Order 2005 | Building Safety Act 2022 |
| Buildings | Common parts of all blocks of flats | Occupied higher-risk buildings |
| Focus | General fire precautions and day-to-day fire risk | Building safety risks: fire spread and structural failure |
| Key document | Fire risk assessment | Safety case report |
| Regulator | Fire and rescue service | Building Safety Regulator |
In many higher-risk buildings, the same organisation is both. But the duties are separate, and each needs its own evidence.
Where managing agents fit
Managing agents usually act on behalf of the responsible person or accountable person, under their management agreement, rather than holding those roles themselves. In practice, the agent often arranges fire risk assessments, door checks and contractors. Make sure the agreement says who does what, and that the client understands the duties remain theirs.
Where RMC and RTM directors fit
Resident-led companies are often both responsible person and principal accountable person. Their directors are frequently volunteers, which is why the regulator has promised more time and support for them. Getting the right professional help early is the best protection.
Practical steps for RMC and RTM directors
- Confirm your roles in writing – whether the company is the responsible person, the accountable person (or both), and what the managing agent does on its behalf.
- Check the basics are in place – a current fire risk assessment, fire door checks and resident information.
- If the building is higher-risk, confirm registration, key building information and the status of the safety case report.
- Get competent help – the duties remain the company's, even when tasks are delegated.
- Keep records of decisions, including why actions were prioritised or deferred.
Our fire risk assessments and Building Safety Act support help both roles meet their duties.
How we can help
We match each project to a qualified specialist and confirm the scope, the named professional and a fixed fee before you commit.
Sources
- FPA – Who is responsible for carrying out a fire risk assessment?
- GOV.UK – Criteria for being a higher-risk building during the occupation phase
This guide is general information based on the law and guidance in England as at 8 November 2026. It isn't legal advice – for advice on a specific building, get in touch.