The Responsible Person under the Regulatory Reform (Fire Safety) Order 2005 and the Accountable Person under the Building Safety Act 2022 are distinct roles with different responsibilities, even though they both relate to safety in buildings. Here are the key differences between the two roles:
Responsible Person (Regulatory Reform (Fire Safety) Order 2005):
- Scope: The Responsible Person is primarily concerned with fire safety in non-domestic premises such as workplaces, public buildings, and shared areas of residential buildings. It focuses on fire prevention, evacuation procedures, and fire safety measures.
- Legal Framework: The role of the Responsible Person is defined by the Regulatory Reform (Fire Safety) Order of 2005 which is specific to fire safety regulations in England and Wales.
- Key Duties: The primary duties of the Responsible Person include conducting fire risk assessments, implementing fire safety measures, providing fire safety training, maintaining fire safety equipment and systems within their premises.
- Enforcement: Enforcement of the Responsible Person’s duties is primarily the responsibility of the local fire authorities. Non-compliance with fire safety regulations can lead to legal consequences, including fines or imprisonment.
Accountable Person (Building Safety Act 2002):
- Scope: The Accountable Person is responsible for the safety of high-risk residential buildings in England. This role is specifically related to buildings containing multiple dwelling and covers a broader range of safety considerations beyond just fire safety.
- Legal Framework: The Accountable Persons role is introduced by the Building Safety Act of 2022, which is focused on improving the safety and accountability of residential buildings following incidents such as the Grenfell Tower fire.
- Key Duties: The primary responsibilities of the Accountable Person include developing and maintaining a safety case for the building, establishing a Safety Management system, engaging with residents, reporting safety information to regulators, and ensuring compliance with safety standards. This role is more comprehensive and covers various safety aspects, including fire safety.
- Enforcement: The Building Safety Regulator, a new regulatory authority established under the Building Safety Act, will oversee and enforce the Accountable Person’s responsibilities, ensuring that buildings meet safety standards. Non-compliance may result in penalties and enforcement actions.
In summary, while both the Responsible Person and the Accountable Person have roles related to building safety, they differ in terms of scope, legal framework, and specific responsibilities. The Responsible Person focuses on fire safety in non-domestic premises under existing fire safety regulations, while the Accountable Person deals with a broader range of safety issues in high-risk residential buildings and operates under the framework of the Building Safety Act of 2022.