Roles and duties
The titles sound similar, but they arise from different legal regimes. Understanding who holds the duty, and who is simply carrying out work, is essential.
At a glance
The legal identity of each dutyholder depends on ownership, repair obligations, control and the part of the premises concerned. One organisation may hold more than one role.
An individual or organisation that owns or has a legal obligation to repair common parts of an occupied higher-risk building. An AP assesses and manages fire-spread and structural-failure risks for the parts for which it is responsible.
Official AP guidanceEvery occupied higher-risk building has one PAP. If there is one AP, it is the PAP. If there are several, the PAP is generally the one responsible for the structure and exterior. It coordinates important whole-building duties.
The person with duties under the Regulatory Reform (Fire Safety) Order 2005 for relevant premises. This is commonly an employer or a person with control, such as an owner, landlord or occupier. More than one RP may exist.
Official RP guidanceOwnership is important but does not answer every dutyholder question by itself. Lease and repair obligations can determine whether an owner, management company or another organisation is an AP.
May operate the building and information systems on another organisation's behalf. Appointment to perform those functions does not automatically make the manager the PAP or transfer an AP's legal accountability.
Produce, use and update evidence while carrying out design, construction, inspection and maintenance. Their scope, competence, deliverables and information-handover requirements should be explicit.
During building work, dutyholders have responsibilities to plan, manage and monitor compliance. On higher-risk projects, they also have specific duties around the digital record, information sharing and change control.
Residents are important users and contributors. They must receive relevant safety information and have routes for engagement and complaints. They are not substitutes for the organisations holding statutory duties.
Delegating a task does not delegate accountability.
APs and the PAP may employ a managing agent or specialist to carry out work, but official guidance is clear that their legal obligations and liability remain with them. Contracts should make responsibilities operationally clear without misrepresenting the underlying duty.
APs, RPs and people acting for them may cover overlapping parts of the same building. The legal frameworks require cooperation and information sharing so that risks are understood across the whole building. A well-managed Golden Thread should identify each role, the legal entity holding it, its scope, current contacts and the evidence supporting that conclusion.
A contact spreadsheet calling somebody the “building manager” cannot establish legal responsibility. Review ownership, leases, repair obligations, employment, control and the applicable regime. Seek legal advice if the position is uncertain or disputed.
Next, review what information a Golden Thread should contain and the principles that make the record dependable.
