What is a Legionella Risk Assessment?

A Legionella Risk Assessment evaluates the risk of exposure to Legionella bacteria in a water system. Inhaling aerosolised water droplets containing Legionella can cause Legionnaires’ disease, a serious form of pneumonia.

The assessment typically involves:

Inspection of Water Systems: A thorough examination of all water systems in the property, especially areas where stagnant water can occur, such as storage tanks, old pipework, and seldom-used showers or taps.

Temperature Checks: Since Legionella bacteria thrive at temperatures between 20°C and 45°C, the assessment includes checking the temperature of water storage and distribution systems.

Identifying Risk Points: Pinpointing areas in the system susceptible to Legionella growth, such as parts of the water system with rust, sludge, scale, and biofilms which bacteria can feed on.

Water Analysis: In some cases, specialists take water samples for laboratory testing to detect Legionella bacteria.

Documentation: Specialists document the findings and create a risk assessment report with recommendations to control and reduce Legionella risk.

Action Plan: Develop a management plan detailing risk management strategies, assigned responsibilities, and procedures for implementing and monitoring control measures.

In many countries, including the UK, a Legionella Risk Assessment is a legal requirement for all landlords and property managers to ensure that their water systems are safe and do not pose a risk to the occupants. Assessment frequency varies based on the property type and water system. Experts recommend regular assessments, especially if there is a risk of Legionella.

Landlord’s Legal Responsibilities for Legionella Risk Assessments

One of the many legal responsibilities that landlords and letting agents have is ensuring that their properties are free of Legionella bacteria. Legionella can cause health problems to more vulnerable tenants or any member of the public that may visit the property.

“The law is clear that if you are a landlord and rent out your property… you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards. – Health and Safety Executive“

Although Legionella responsibilities in the private rented sector are often unclear, this quick guide clarifies who is responsible and how it affects landlords, agents, and tenants.

Is a Legionella Risk Assessment a legal requirement?

Landlords must legally keep their properties free from health hazards. Under the Health and Safety at Work Act 1974, managing agents and landlords have a duty to protect the health and safety of tenants, staff, and the public, including conducting a Legionella Risk Assessment.

According to the Health and Safety Executive:

“The practical and proportionate application of health and safety law to landlords of domestic rental properties is that whilst there is a duty to assess the risk from exposure to Legionella to ensure the safety of their tenants, this does not require an in-depth, detailed assessment.”

http:/www.hse.gov.uk/legionnaires/legionella-landlords-responsibilities.htm

The cost of a legionella risk assessment for a landlord who fails to assess their property is covered in Section 17 of the Health and Safety at Work Act 1974, which states:

“If anyone is alleged to have breached any criminal offence under this Act or the regulations, and they failed to adhere to the approved code of practise, that criminal offence shall be deemed to be committed.”

ACOP provides guidelines on complying with the law, and it holds a special legal status in the UK as it is legally binding. ACoP 8 covers legionella risk assessment guidelines.

Do I legally need to Test a Residential Property?

COSHH (Control of Substances Hazardous to Health Regs) and ACOP L8 have been in place for many years. Law has not changed, but the regulations related to non-domestic premises restricted to water systems of over 300 litres in the past.

Residential properties were initially exempt, but HSE research found Legionella levels were just as high as in commercial properties. As a result, the new ACoP L8 (HSG274 Part 2) was introduced in April 2014 to cover all residential properties.

The three main Legionella Risk Factors:

> Redundant Pipework

> Infected Water Storage Tanks

> Lukewarm water temperature

As a landlord or agent, what should I be doing?

Section 28, Health and Safety at Work Act 1974:

“A risk assessment must be carried out to identify and assess the exposure to legionella bacteria from water systems on the premises and any precautionary measures needed. The duty holder is responsible for ensuring the risk assessment is carried out.”

ACOP L8 clarifies how the hazardous substance applies to Legionella in a domestic environment. The duty holder uses in the same way as the gas regulations. The landlord or managing agent is responsible for ensuring the risk assessment is carried out.

What do you need to do to comply?

Section 2.138 (HSG274 part 2) states:

Landlords who provide residential accommodation have a legal duty to ensure that the risk of exposure of tenants to Legionella is properly assessed and controlled.

The duty holder must:

> Assess – carry out a legionella risk assessment by a competent person who is trained under ACoP L8

> Remove or control identified risks

> Manage the risks on an ongoing basis

> Keep records

> Review the evaluations and controls regularly

The risk assessment process?

In most properties, you can easily prevent Legionella by keeping hot water hot, cold water cold, and using water regularly. Realistically, there is most likely to be a problem if the property has been unoccupied for several months before a new tenancy starts. In these cases, you should be most cautious and ensure you carry out sufficient Legionella checks on the property. The frequency of a risk assessment should be no longer than every couple of years. You should check older water systems more often or if a property has been empty for an extended period, typically longer than two weeks.

Who can carry out a risk assessment?

Risk assessments in between tenancies are a good idea. A competent person can complete these assessments (not necessarily somebody professionally accredited) if they are comfortable and understand the risks.

If you’re not sure when your property was last inspected, No Letting Go will check it and provide a guaranteed national Legionella control service. If you would like one of our qualified inspectors to complete an inspection report for any of your properties, please contact us for availability.