A guide for RMC directors

In short: If you are a director of a Residents Management Company (RMC) or a Right to Manage (RTM) company that holds or is responsible for a higher-risk building, your company is very likely the accountable person - and, for a single block, the principal accountable person (PAP) - under the Building Safety Act 2022. Appointing a managing agent does not change that. You can delegate the work; you cannot delegate the duty.

Why an RMC is usually the accountable person

An accountable person is whoever holds a legal estate in possession of the building's common parts, or is under a relevant repairing obligation for them. An RMC or RTM company set up by leaseholders to own the freehold or to manage the structure and common parts meets that test. For most single higher-risk blocks there is only one accountable person - so the RMC is automatically the principal accountable person, carrying the lead duties to the Building Safety Regulator.

A managing agent does not become the accountable person

Many RMCs appoint a managing agent to run the building, and many newer RMCs assume that hands over the legal responsibility. It does not. The agent acts on the company's instructions; the duties under the Act - registering the building, assessing the safety risks, preparing the safety case, keeping the golden thread, mandatory occurrence reporting - remain with the RMC as principal accountable person. If those things are not done, it is the RMC and its directors who are in breach, not the agent. Operating an occupied higher-risk building that is not registered is a criminal offence.

What RMC directors must make sure happens

Whether you do it yourselves or through an agent, the company must ensure that:

• the building is registered with the Building Safety Regulator;
• the building safety risks (fire spread and structural failure) are assessed and managed;
• a safety case report is prepared and the Regulator is notified;
• the golden thread of building information is kept and maintained;
• a resident engagement strategy and a complaints process are in place;
• a mandatory occurrence reporting route exists; and
• a building assessment certificate is applied for when the Regulator directs.

Questions to ask your managing agent

If you use an agent, these questions tell you quickly whether your obligations are being met:

• Is our building registered with the Building Safety Regulator?
• Where is our golden thread, and can we see it?
• Who prepared our safety case report, and has the Regulator been notified?
• What is our process for mandatory occurrence reporting?
• Are we ready for a building assessment certificate?

If the answers aren't clear, the gap is the company's risk - not the agent's.

How CTS helps RMC directors

CTS is independent and client-side: we act for the RMC, not the managing agent. We give directors a clear, honest view of their compliance position, check what the agent is - and isn't - doing, and hold your golden thread and safety case on the CTS BuildSafe platform so you always have a defensible record of the work being done in your name. See also our guide to the accountable person.

General information, not legal advice. Reviewed by the CTS building safety team.