Landlords


Legionella Compliance for landlords & tenants

What is Legionnaires Disease?

Legionnaires’ disease is a potentially fatal disease caused by inhaling infected droplets of water. Legionella bacteria is found in nature, but particularly likes to propagate in man-made structures like showers and storage tanks, with certain conditions such as stagnation, poor temperatures and nutrient availability adding to the risk.

What are a Landlords legal obligations?

Following changes in legislation, Landlords are now legally required to hold a valid Legionella Risk Assessment for both residential and commercial lettings, regardless of the size of the premises. Where identified by the risk assessment, a Landlord must then document and implement a control scheme.

At AquaTest Wales, we have developed our own, in house formats for both full and short-format risk assessments. Both of which can be considered the best available and comply with the requirements of the HSE, and in line with the Water Management Society's guidelines.

Full risk assessments are required for business and commercial premises, such as care homes, industrial facilities, holiday accommodation and healthcare premises.

Short-format risk assessments might be suited to tenanted residences, holiday lets and shops, subject to a quick discussion.

What is Included in the full AquaTest Wales Risk Assessments?

    • Probably the most extensive and usable Legionella Risk Assessment from any company in the UK, but without the high price tag.
    • Suitable for all commercial and public buildings. For hotels, care homes, industrial sites, healthcare and schools.
    • Detailed explanations of Legionella, the Law and HSE requirements.
    • Detailed review of current documentation.
    • Review of the Organisations’ structure.
    • Review of the personnel competency levels and advice on achieving compliance.
    • Complete survey of the facility.
    • Development of a detailed schematic diagram of the water system. We won't charge an extra fee for this!
    • Creation of an asset register and detailed review of each, with traffic light indication of risk level.
    • Inclusion of a photographic record of the assets.
    • Water quality assessment.
    • Review of At-Risk persons who may visit the facility.
    • Detailed corrective action plan.
    • No sales pitches during the risk assessment. We follow the Water Management Society's code of conduct.

What is Included in the Short-Format AquaTest Wales Risk Assessments?

    • A detailed but user friendly Legionella Risk Assessment, completed fast and with minimal cost.
    • Suitable for single residences, holiday lettings (AirBNB) and shops.
    • Simple explanations of Legionella, the Law and HSE requirements.
    • Short review of current documentation.
    • Review of the Organisations’ structure.
    • Review of the personnel competency levels and advice on achieving compliance.
    • Complete survey of the premises.
    • Development of a simple schematic diagram of the water system, with the option to upgrade to detailed schematic, for an additional fee.
    • Creation of an asset register and basic review of each, with traffic light indication of risk level.
    • Inclusion of a photographic record of critical assets.
    • Water quality assessment.
    • Review of At-Risk persons who may visit the facility.
    • Corrective action recommendations.

Do I Need a New Risk Assessment Every 2 Years?

This is common misleading myth we like to dispel.

There is no legal requirement to have a new risk assessment, so long as the one you have is still applicable and meets the requirements and aims set by the HSE. The question is whether or not you can demonstrate whether the risk assessment is still applicable.

Changes in water source, quality, storage conditions, piping system, etc. can all invalidate a risk assessment, as can a change in the planned way in which the water will be used, and the at risk groups who could be affected.

Who Can Perform a Legionella Risk Assessment?

We are often asked this question, and the answer is a complicated one. See the following FAQ's to help you:

There is no such thing as a downloadable legionella risk assessment. These are generic, poorly made, and any good risk assessor will tell you, they are a waste of your money. 

Risk assessments should always be tailor made for the system being assessed. The process of risk assessment is not a tick-box exercise.

For example. A typical legionella risk assessment from AquaTest Wales for a 5 bedroom care home, will be around 60 pages, and not a 2 page checklist!

Technically, yes. However, to perform an effective legionella risk assessment, an inspector must have detailed knowledge of risk assessment methods, water microbiology, chemistry, legionella, the Law, HSG & ACoP documents, plumbing systems, the types of equipment which handle water and how they change the risk, and the experience needed to identify solutions.

Without the above, you would create a questionable situation for yourself in the event an investigation, unless the HSE deemed you competent to perform the assessment. Remember that an investigation will be triggered if only 2 reported cases of legionellosis are reported in the local area, and these may be some distance from your location.

By using a third party such as AquaTest Wales, you will gain the experience of many years of inspections and the required level of understanding to ensure a top quality assessment. You would also find added protection through our generous insurance policy.

When considering a legionella risk assessment, the HSE asks the question ‘are you competent’ to perform the task. They do not specify any qualifications.

There are many organisations which offer Legionella Risk Assessment ‘qualifications’. Some of these are large organisations like UKAS, and others are small companies who have simply joined the CPD scheme. Regardless of qualifications and certificates, a risk assessors ability to complete the inspections effectively, must be determined by the Client.

It is therefore important to meet a risk assessor when possible, and to see real examples of the work they perform.

Additionally, the HSE do not state any particular format to follow; only that the assessment contains certain things. It is therefore important to see whether the risk assessors reporting style is suited to yourself and your organisation.

Logbooks are the means by which you record the temperatures, testing, cleaning and servicing involved in completing a legionella control programme.

A legionella risk assessment should not include preparation of logbooks as the risk assessor must be focused only on the task at hand. Logbooks are normally produced during the preparation of a Written Scheme of Control. This is the complimentary document to the risk assessment, which describes how you will maintain the water system in a safe way, and address the issues identified in the risk assessment.

No. Organisations, including the Legionella Control Association, are businesses which offer paid memberships to join their ‘register’. The services offered by companies who are members, are no better than those who don’t sign up.

Again. The emphasis in choosing a risk assessor, is to find one whose quality of work, work ethic and manner matches your ideals while meeting the needs of the regulatory compliance documents.

Beware that many companies will even use memberships as a means to elevate their standing, yet the risk assessment performed will be based on a generic template. Watch out for full-page mentions of things like ‘cooling towers’ for example, when viewing a risk assessment for care homes. These can be good indicators that the risk assessor themselves is sub-par.

Control Measures

Landlords are expected to employ simple control measures manage the risk from Legionella. These measures can include the following:

• Flushing the water system by running all outlets for at least 2 minutes. Especially important before letting the property or if the property has stood empty for a time.
• Avoid allowing debris entering the water system (e.g. making sure cold water tanks, if installed, have a tight fitting lid)
• Setting hot water controls so that the hot water is heated to and stored at 60°C
• Ensure the removal of any redundant pipe work.
• Ensure tenants receive information of reducing the risks from showers, pressure washers etc.

Tenant Advice & Information

Landlords are entitled and expected to inform Tenants of the things they should perform, in order to reduce risks from legionella. This is often delivered in the form of an advice leaflet. Landlords should:

• Inform tenants of the potential risk of exposure to Legionella and its consequences.
• Tell tenants about actions which arise from the landlords risk assessment, if appropriate.
• Inform tenants to inform the landlord if the hot water system is not heating properly or if there are any other problems with the system.
• Tell the landlord if the cold water system is not running cold.
• Tell tenants to keep the water turned over and ensure outlets are flushed after a period of low usage.

Get in touch today to reduce your exposure to legionella & the Law