If you’re a person with a duty of care for a property and the people who use the premises, you are legally required to monitor and maintain the water systems for the health of all. Business and property owners, such as landlords, are the responsible persons with the legal duty to ensure the property is safe for their occupants. The legalities of Legionella control, your responsibilities, who is legally accountable and the consequences of non-compliance will be explained in this guide and make clear what is expected as well as how to maintain Legionella compliance.
Key UK legal requirements for Legionella control
Several UK laws and guidance documents govern how businesses, duty holders and those deemed ‘responsible’ persons must manage the risks associated with Legionella bacteria. Some are broader Health and Safety legislation, others specific to water hygiene codes of practice – but it is essential to understand them all and what this means for your property, so you can meet your Legionella compliance obligations. The key regulations and legislation include:
Health and Safety at Work Act 1974
The Health and Safety at Work Act 1974 places a legal duty on employers and those who are in control of premises to ensure as much as possible the health, safety and general wellbeing of employees and others who might be affected by their activities. In terms of Legionella compliance, this means identifying and monitoring or managing any risks associated with water systems. Failing to meet this duty of care can lead to legal action, fines and even prosecution – especially if someone becomes ill as a result of poor water hygiene practices.
Control of Substances Hazardous to Health Regulations (COSHH) 2002
COSHH regulations require employers to control substances that could harm health, including bacterial agents such as Legionella. Under the COSHH regulations, those with a duty of care have to carry out risk assessments, implement effective control measures – such as regular Legionella testing and disinfection – as well as train anyone who might be exposed to contaminated water sprays or aerosols. Following the COSHH regulations means you’re managing any risks in line with health and safety expectations and following guidelines for Legionella testing requirements in the UK.
Management of Health and Safety at Work Regulations 1999
These regulations reinforce the necessity for risk assessments and the careful implementation of preventative measures to protect those on the premises. Those with a duty of care for a property need to assess the risk of Legionella growth and exposure for any sort of activities that involve water systems, and identify any potential problem areas to put monitoring, control and review processes in place.
Approved Code of Practice (ACoP) L8
Whilst ACoP L8 is not a law or regulation, it is a legally recognised guide to give a Competent Person (or Responsible Person) detailed guidance on how to complete Legionella compliance. It presents a written scheme of control, the importance of appointing a competent person and ensures proper documentation is kept. Although ACoP L8 isn’t legislation, it is admissible in court, and not following the guidance within the code can be used as evidence of non-compliance.
HSG274 Parts 1–3
This is a technical form of guidance that expands on ACoP L8 and offers more detailed technical support on how to manage Legionella compliance for specific water systems. The three parts include:
- Part 1: Cooling towers and evaporative condensers, such as are found in AC (Air Conditioning) systems.
- Part 2: Hot and cold water systems in restrooms, bathrooms and kitchen areas.
- Part 3: Other risk systems, such as spa pools
The different parts each offer detailed recommendations for design, maintenance and monitoring, and using the guidance helps to ensure your water systems are safe and efficiently operating according to Legionella compliance. This is especially important in high-risk environments such as care homes, hospitals, schools and places where those who could be more vulnerable or susceptible would be at risk of inhaling the bacteria.
Who is responsible for Legionella compliance?
It’s essential to be clear about who is legally responsible for Legionella compliance within any organisation and to prevent any lapses in control and monitoring. The responsibility is shared between the Duty Holder, the Responsible Person and any appointed contractors.
- Duty Holder: Generally, this is the landlord, employer or owner of the building. This person holds the ultimate legal responsibility and accountability for ensuring the risks are properly managed.
- Responsible Person: This is someone appointed by the Duty Holder, and they are responsible for implementing the control measures, arranging for Legionella testing and overseeing the building’s water hygiene management plan. They should be properly trained and competent.
- Appointed contractors: External specialists, like the H2O team, may well be hired to carry out risk assessments, sampling and maintenance of systems. However, the Duty Holder is still ultimately accountable legally, and the contractors are there to support Legionella compliance, not to replace responsibility.
Whilst tasks within the management of Legionella testing requirements in the UK can be delegated, the oversight, documentation and decision making have to remain under the Duty Holder’s control.
What are your legal duties?
To ensure Legionella compliance, duty holders, responsible persons and contractors must follow a clear set of legal duties:
- Conduct a Legionella risk assessment for any building with a water system.
- Identify and assess any potential risks, including stagnation, poor temperature control and any flaws in the design of the system where water could become trapped and stagnant.
- Implement and manage control measures such as flushing outlets, monitoring water temperatures and regularly cleaning water tanks.
- Maintain regular and detailed records of all risk assessments, control measures, test results and maintenance activities.
- Appoint a competent person to manage the control plan.
- Review regularly, especially when system changes or usage shifts – annually is recommended as best practice.
What are the consequences of non-compliance?
Failing to meet Legionella testing requirements in the UK can result in serious consequences, including fines and prison sentences, business disruptions through facility closures or remedial emergency works, all of which can lead to reputational damage. News of an outbreak or HSE prosecution will impact client trust, investor support as well as brand image. An example of failing to be Legionella compliant was in October 2024, when a sheltered housing association were found guilty of not meeting Legionella testing requirements in the UK and putting elderly and frail residents at risk in August 2018. The company was fined £900k and had to pay to relocate the residents whilst work was undertaken to remedy the situation with a chlorination unit. This goes to show that proactive compliance is always more cost-effective than reactive crisis management.
How to achieve and maintain compliance
To achieve and maintain Legionella compliance, organisations should schedule regular risk assessments and monitoring visits, implement a robust monitoring and control regime that includes temperature checks, system flushing and regular cleaning. Educating staff on basic water hygiene and the importance of system maintenance will also help. Stay updated by subscribing to news from the HSE, the Legionella Control Association (LSA) or expert water hygiene consultants. Working with accredited Legionella control specialists, such as our team at H2O Hygiene, will also support your Legionella compliance systems and ensure you don’t fall into expensive or dangerous lapses in control.
Ensure you remain compliant by booking your Legionella risk assessment today
Legionella compliance today in the UK isn’t an optional extra, it’s a legal obligation under UK Health and Safety Law. Failure to meet the assessment, testing and control requirements laid out in the legislation will result in significant financial, operational, reputational and legal consequences; it’s not worth risking the results of not making sure your property is compliant. If you’re not certain whether your water systems are fully compliant, now is the time to act. Book a risk assessment with H2O Hygiene today and benefit from expert advice, detailed reporting and a clear compliance plan of action.
Call us on 01922 666108 or email [email protected] today.
