Legionella risk assessment checklist

Why it matters

Failure to conduct a Legionella risk assessment and implement control measures can lead to severe health consequences for tenants, including potentially fatal Legionnaires' disease. Legally, landlords can face substantial fines and even imprisonment if found negligent. Additionally, it can invalidate insurance policies and severely damage a landlord's reputation, impacting future lettings.

Legal requirements

• Landlords must assess and control the risk of exposure to Legionella bacteria in domestic hot and cold water systems.
• The duty applies to all rented properties where there is a water system, regardless of the size or type of property.
• A 'competent person' must carry out the risk assessment, which can be the landlord themselves if they have sufficient knowledge and skills.
• Control measures identified by the risk assessment must be implemented and maintained.
• Records of the risk assessment and any control measures taken must be kept.
• The risk assessment should be reviewed regularly, or if there is a significant change to the water system or occupancy.
• Although not legally required for low-risk properties, it is good practice to inform tenants about Legionella risks and precautions.
• For higher-risk systems, such as those with cooling towers or complex shared water systems, more stringent control measures and regular monitoring are required.
• In Scotland, specific Legionella guidance applies to landlords, aligning closely with HSE recommendations.
• In Wales and Northern Ireland, similar health and safety duties apply to landlords regarding Legionella risk.

Common mistakes

• Assuming a low-risk property means no assessment is needed at all.
• Failing to conduct the initial risk assessment before the tenancy begins.
• Not reviewing the assessment when a new tenant moves in or after significant plumbing work.
• Confusing a Legionella risk assessment with other checks, such as an EICR or gas safety check.
• Not keeping proper records of assessments, remedial actions, or tenant advice.
• Ignoring the importance of regular flushing of unused outlets, especially during void periods.
• Failing to address issues like corroded pipework or redundant pipe runs identified in the assessment.
• Believing that only large, complex water systems pose a Legionella risk.

Practical guidance

• Familiarise yourself with the HSE guidance on Legionella for landlords.
• Walk through the property's water system to identify all components, including tanks, pipes, and outlets.
• Assess the likelihood of exposure by considering water temperature, stagnation, and aerosol production.
• Implement simple control measures like flushing unused outlets and maintaining hot water temperatures.
• Document all findings of the risk assessment, including any identified risks and planned control measures.
• Provide tenants with information on how to minimise Legionella risk, such as flushing taps after returning from holiday.
• Arrange for a competent person to conduct the assessment if you lack the necessary expertise.
• Review the assessment regularly, ideally every two years, and whenever there's a change of tenancy or property modification.
• Address any high-risk findings promptly, consulting a specialist if necessary.
• Ensure proper records are maintained for at least five years, demonstrating your compliance.

Understanding Your Legal Duty

As a landlord, you have a legal duty under the Health and Safety at Work etc. Act 1974 to ensure the health and safety of your tenants. This includes managing the risk of exposure to Legionella bacteria from water systems in your rented property. While Legionella is often associated with large, complex water systems like cooling towers, it can also thrive in domestic hot and cold water systems under certain conditions. The key is to assess the risk and implement proportionate control measures. This duty applies to all types of residential premises, including houses, flats, and Houses in Multiple Occupation (HMOs). The Health and Safety Executive (HSE) provides specific guidance for landlords, clarifying that a detailed, technical assessment is often not needed for simple domestic systems, but a suitable and sufficient assessment is always required. Ignoring this duty can lead to serious legal consequences.

The Assessment Process: Step-by-Step

The Legionella risk assessment process involves several key steps. Firstly, identify and understand the water system in your property. This includes hot and cold water tanks, pipework, showers, and any other water outlets. Secondly, identify potential hazards, such as water temperatures between 20-45°C, stagnant water, sludge, scale, rust, or corroded pipework, and the presence of aerosols (e.g., from showerheads). Thirdly, evaluate the risks, considering who might be exposed (e.g., tenants, visitors) and their vulnerability. Fourthly, implement control measures to mitigate identified risks. This could include flushing infrequently used outlets, ensuring hot water is stored and distributed at appropriate temperatures, and cleaning and descaling showerheads regularly. Finally, record all findings and review the assessment regularly, particularly when there is a change in tenancy or the water system is altered. This systematic approach ensures all potential risks are considered and addressed.

Low-Risk Properties and Practical Controls

For most domestic properties, the risk of Legionella is generally low, especially if the water system is relatively simple and regularly used. A typical low-risk scenario involves a combi boiler directly heating water, with no cold water storage tanks, and regularly used taps and showers. Even in low-risk properties, a basic assessment is still necessary to confirm this. Practical control measures for low-risk properties are straightforward: ensure the hot water temperature is set above 50°C (60°C in commercial or healthcare settings) and cold water is below 20°C. Advise tenants to flush out unused outlets for a few minutes before use, particularly after returning from holiday. Regularly clean and disinfect showerheads and descaling taps is also good practice. Documenting these simple steps and tenant advice demonstrates your proactive management of the risk, aligning with the recommendations on our related Mid-tenancy inspection checklist.

Record Keeping and Review Cycles

Maintaining accurate records is a crucial part of your Legionella risk management strategy. While there's no prescribed form, your records should document the findings of your risk assessment, the identified risks, and the control measures put in place. This includes details of any monitoring or maintenance activities, such as flushing schedules or temperature checks, and any communication with tenants regarding Legionella awareness. These records serve as evidence of your compliance with health and safety duties. The risk assessment should be reviewed regularly – ideally every two years, or whenever there is a significant change. Such changes might include a new tenant, significant plumbing work, or if a tenant reports a concern with the water system. For example, if remedial works are identified following an assessment, this would follow a similar process to an EICR remedial works checklist. Regular review ensures that the assessment remains current and effective in managing ongoing risks.

Regional Variations: Scotland, Wales, and Northern Ireland

While the overarching principles of Legionella control derive from UK-wide health and safety legislation, specific guidance and emphasis can vary slightly across the devolved nations. In Scotland, landlords must comply with the Housing (Scotland) Act 2006, which includes a duty to ensure the house is fit for human habitation, encompassing water safety. Scottish guidance on Legionella aligns closely with HSE recommendations, emphasising the landlord's responsibility for assessment and control. In Wales, landlords operate under similar health and safety duties as in England, with guidance from the Welsh Government reiterating the need for Legionella risk assessments. Northern Ireland's landlords must also adhere to the Health and Safety at Work (Northern Ireland) Order 1978, with the Health and Safety Executive for Northern Ireland (HSENI) providing relevant guidance. Regardless of location, the core duty remains: identify, assess, control, and review Legionella risks in all rented properties.