Legionella risk assessments
Tech Surveys
What is Legionella?
Domestic property 1-5 bedrooms
semi-detached | terraced house | detached house/bungalow | flat
The following people are at greater risk of developing the disease:
individuals over 45 years of age especially males;
smokers;
alcoholics;
people with chronic lung or kidney disease;
people with diabetes;
people with weakened immune systems due to conditions such as cancer or an organ transplant.
People in certain occupations, such as those who do maintenance work on large air-conditioning systems, may also be at increased risk of exposure to Legionella bacteria. Generally, more men than women contract Legionnaire’s disease. It is uncommon for people younger than 20 years of age to get Legionnaire’s disease.
0°C
Bacterium is dormant
20°C – 45°C
Legionella will multiply
45°C – 60°C
Legionella will survive but cannot multiply
60°C+
Legionella will not survive
Who is a landlord in the eyes of the British law?
A landlord is anyone who rents out a property they own under a lease or a licence that is shorter than seven years. Landlords’ duties apply to a wide range of accommodation, occupied under a lease or a licence, which includes but not exclusively, residential premises provided for rent by: local authorities, housing associations, private sector landlords, housing co-operatives, hostels.
Testing (or sampling) the water system for Legionella
Testing or sampling for Legionella (sometimes referred to as microbiological monitoring) is not usually required for domestic hot and cold water systems, but only in very specific circumstances (HSG274 Part 2, para 2.120). Testing for Legionella should not be confused with temperature monitoring, which is a reliable method for confirming the water system is under control. Health and safety law does NOT require landlords to obtain, produce nor does HSE recognise a ‘Legionella test certificate’.
THE LAW AND YOU
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards.
Section 3(2) of the Health and Safety at Work Act 1974
The Control of Substances Hazardous to Health Regulations 2002
L8 Approved Code of Practice
WHAT YOU MUST DO
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.
The risks from hot and cold water systems in most residential settings are generally considered to be low owing to regular water usage and turnover. A typical ‘low risk’ example may be found in a small building (eg housing unit) with small domestic-type water systems, where daily water usage is inevitable and sufficient to turn over the entire system; where cold water is directly from a wholesome mains supply (no stored water tanks); where hot water is fed from instantaneous heaters or low volume water heaters (supplying outlets at 50 °C); and where the only outlets are toilets and wash hand basins.
A simple assessment may show that there are no real risks and are being properly managed and no further action is needed. It is important to review the assessment in case anything changes in the system.
Implementing simple, proportionate and appropriate control measures will ensure the risk remains low.
For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised ie keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella include:
flushing out the system prior to letting the property
avoiding debris getting into the system (eg ensure the cold water tanks, where fitted, have a tight fitting lid)
setting control parameters (eg setting the temperature of the hot water cylinder (calorifier) to ensure water is stored at 60°C)
make sure any redundant pipework identified is removed.
The risk is further lowered where instantaneous water heaters (for example combi boilers and electric showers) are installed because there is no water storage.
Tenants should be advised of any control measures put in place that should be maintained eg not to adjust the temperature setting of the calorifier, to regularly clean showerheads and to inform the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken.
It is important that water is not allowed to stagnate within the water system and so there should be careful management of dwellings that are vacant for extended periods (eg student accommodation left empty over the summer vacation). As a general principle, outlets on hot and cold water systems should be used at least once a week to maintain a degree of water flow and minimise the chances if stagnation.
To manage the risks during non-occupancy, consideration should be given to implementing a suitable flushing regime or other measures such as draining the system if it is to remain vacant for long periods.
CONTACT US
01752 936236
07710004669
07460696776
mick@techsurveys.co.uk
Common Risks
Scaled or dirty taps and shower heads
Dirty Tank
Unmeshed overflow
Incorrect pipe placement
Wrong lid type
Useful documents
Click on button to open PDF document on the official governement websites.




