Who Is Responsible for a Legionella Risk Assessment?
If you own, manage or control a property, you are legally responsible for managing the risk of Legionella.
It is not optional. It is not something you can “pass on”. And it is not just for large commercial buildings.
Under UK law, someone must be clearly identified as the responsible person. If that is you, you have a legal duty to ensure a Legionella risk assessment is carried out. Then that the appropriate control measures are in place thereafter
At The HSRA, we regularly speak to landlords, managing agents and business owners who are unsure whether the responsibility sits with them or someone else. In most cases, it does.
What Does the Law Say?
The legal duties come from:
- The Health and Safety at Work etc. Act 1974
- The Management of Health and Safety at Work Regulations 1999
- COSHH Regulations 2002
- HSE Approved Code of Practice L8
In simple terms, if you control a property’s water system, you are responsible for assessing and managing Legionella risk.
Who Is the Responsible Person?
The responsible person is usually the employer, for commercial premises in the UK. The landlord, for rented residential properties and the managing agent, if responsibility is formally delegated. Finally the building owner is responsible for shared or communal systems.
You do not have to carry out the assessment yourself. But you must ensure it is done by a competent person and that recommendations are implemented.
Appointing a contractor does not remove your legal duty. It remains your responsibility to ensure compliance.
Landlords and Legionella Responsibilities
If you are a landlord, even with a single rental property, you must assess the risk of Legionella exposure in your properties. If there is a risk you must Identify the sources, Implement control measures and keep records where required.
For most domestic properties, this will be a straightforward assessment. However, it still needs to be done properly and documented appropriately. Failure to do so can result in enforcement action.
Legionella for employers and Business Owners
If you run a business, you must protect employees, contractors and visitors from exposure.
This includes:
- Offices
- Retail units
- Warehouses
- Hospitality venues
- Care environments
- Industrial sites
If your premises have water systems, including hot and cold water storage, showers or cooling systems. You are required to undertake a Legionella risk assessment.
What About Managing Agents?
Managing agents often assume responsibility on behalf of landlords, but this must be clearly defined in writing.
If you manage multiple properties, especially HMOs or blocks of flats with communal systems, the duty holder must be clearly identified. Shared responsibility without documentation can lead to serious compliance gaps.
What Happens If You Don’t Comply?
Failure to manage Legionella risk can result in HSE enforcement notices, prosecution, unlimited fines and the resulting reputational damage. But more importantly, it can put people at serious risk of Legionnaires’ disease. Compliance is not just a paperwork exercise. It is about protecting lives.
How The HSRA Can Help
At The HSRA, we provide professional Legionella risk assessments across a wide range of sectors.
We make compliance straightforward. Clear reports. Practical recommendations. No unnecessary jargon.
If you are unsure whether you are the responsible person, speak to us. We will clarify your position and guide you through the next steps.
Learn more & book an assessment on our legionella service page.