Co-operation and co-ordination between responsible persons
22.— (A1) A person who is a responsible person in relation to any premises must take such steps as are reasonably practicable to ascertain whether any other responsible person shares, or has duties in respect of, the premises
(1) Where two or more responsible persons share, or have duties in respect of, premises (whether on a temporary or a permanent basis) each such person must—
(za) inform the other responsible persons concerned of that person’s name and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents;
(zb) inform the other responsible persons concerned of the part of the premises for which that person considers themselves to be a responsible person, and keep a record of that information;
(a) co-operate with the other responsible person concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed on them by or under this Order;
(b) (taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed on him by or under this Order with the measures the other responsible persons are taking to comply with the requirements and prohibitions imposed on them by or under this Order; and
(c) take all reasonable steps to inform the other responsible persons concerned of the risks to relevant persons arising out of or in connection with the conduct by him of his undertaking.
(2) Where two or more responsible persons share premises (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the responsible person who has overall responsibility for the premises must co-ordinate the implementation of all the measures required by this Part to be taken to protect relevant persons from any risk from the explosive atmosphere.
22A Provision of information to new responsible person
(1) Paragraph (2) applies where a person (the “outgoing person”) ceases to be a responsible person for premises and another person (the “new responsible person”) becomes a responsible person for the premises in place of the outgoing person.
(2) The outgoing person must give the new responsible person any relevant fire safety information held by the outgoing person.
(3) “Relevant fire safety information” means—
(a) records kept under article 9(6) of assessments and reviews under article 9;
(b) the identity of any person appointed by the responsible person to assist them with making or reviewing an assessment under article 9;
(c) the name of any other person who is a responsible person in relation to the premises and an address in the United Kingdom at which that person, or someone acting on their behalf, will accept notices and other documents (where known);
(d) where the premises consist of or include a higher-risk building, the identity of any other person who is an accountable person in relation to the premises (where known);
(e) any information given under regulation 38 of the Building Regulations 2010 (S.I. 2010/2214) (fire safety information);
(f) any other matters specified in regulations made by the relevant authority.
(4) The information is to be provided at such times, and in such form, as may be specified in regulations made by the relevant authority.
(5) A responsible person must keep records of relevant fire safety information.
(6) In this article—
“accountable person” has the meaning given by section 72 of the Building Safety Act 2022;
“higher-risk building” has the meaning given by section 65 of that Act;
“relevant authority”—
(a) in relation to premises in England, means the Secretary of State;
(b) in relation to premises in Wales, means the Welsh Ministers.
(7) Regulations under this article are to be made by statutory instrument.
(8) A statutory instrument containing regulations made by the Secretary of State under this article is subject to annulment in pursuance of a resolution of either House of Parliament.
(9) A statutory instrument containing regulations made by the Welsh Ministers under this article is subject to annulment in pursuance of a resolution of Senedd Cymru.
22B Co-operation with accountable persons
(1) This article applies in relation to premises which consist of or include a residential unit in a higher-risk building.
(2) The responsible person (“P”) must take such steps as are reasonably practicable to ascertain whether there are one or more other persons who are accountable persons in relation to the premises.
(3) If there are, P must co-operate with each accountable person for the purpose of the accountable person carrying out their duties under the Building Safety Act 2022.
(4) In this article—
“accountable person” has the meaning given by section 72 of the Building Safety Act 2022;
“higher-risk building” has the meaning given by section 65 of that Act;
“residential unit” has the meaning given by section 115 of that Act
As amended by S156 Building Safety Act 2022
What the Enforcement Guidance says:
