GovWire

An accountable person (AP) is responsible for the repair and maintenance of the common parts of the building.

A resident is anyone over 16 years of age who lives in or owns a residential unit. They should help their AP to keep their building safe from building safety risks. These are the spread of fire or structural failure. This applies to those who are a:

• leaseholder

• social housing tenant

• private renter

• non-residential owner of residential unit

Your lease or rental agreement will usually cover most of the points in this guide. It is your responsibility to follow any terms set out in your agreement.

How residents keep their building safe

Your behaviours and actions can affect the safety of the building and you may be breaking the law if you do not behave in a responsible way. This means you must:

• not damage, remove or interfere with relevant safety items, such as fire doors, signage, sprinklers, smoke alarms or fire extinguishers

• not do anything that could increase or create a risk of spread of fire or structural failure, for example carrying out refurbishment or building work that increases or creates a building safety risk

• help by giving the AP any information they ask for that they need to carry out their duties

Refurbishment or building work in your residence might be permitted within the terms of your lease or rental agreement. You should notify the AP of any planned work in your residence before it begins.

Allow access to your residence

You must keep your residence safe. The AP can ask for access to your residence, at a reasonable time, so they can assess and manage building safety risks. They can also ask for access if they think you are causing a risk to the safety of the building.

Any request from the AP to access your residence must:

• be in writing

• explain why they need access

• be made at least 48 hours before the requested access time

If you refuse access to your residence, the AP can apply for a court order to gain access.

Before making an order, the court must agree that access is necessary and that the initial request for access was made correctly.

If the court issues an order, it will allow the AP, or someone authorised by them, to:

• access your residence at a date or time specified by the court

• take measurements, photographs, recordings or samples if necessary

Contravention notice

If it appears to the AP that you have failed to follow your duties as a resident they can give you a contravention notice. A contravention notice is a legal document that explains:

• the allegation

• what you need to do to fix the issue

• how to challenge the notice if you do not agree

If the contravention involves damage to a relevant safety item, the AP may ask you to pay for its repair or replacement. The notice will also include:

• the amount they expect you to pay

• why they are asking you to pay

• evidence of the amount requested, which should not be more than the items repair or replacement cost

If you do not follow the contravention notice

The AP can apply for a court order if you do not follow the contravention notice. The court may make the order if it agrees that:

• you were given a contravention notice

• the alleged contravention took place

• it is necessary to make the order

If the court decides to make the order, the order may tell you to:

• provide specific information to the AP

• take specific action within a set timescale

• stop doing a specified thing

• pay the AP the requested amount of money for repairs or replacement