Legal Requirements for Legionella Risk Assessments UK

Legionella bacteria pose a serious health risk, particularly in water systems where they can thrive under the right conditions. To protect public health, UK legislation mandates that businesses, landlords, and property managers take proactive steps to assess and manage the risk of Legionella contamination. But what exactly are the legal requirements for Legionella risk assessments? In this guide, we’ll break down your responsibilities and explain how compliance can protect both occupants and businesses.

What Does UK Law Say About Legionella Risk Assessments?

There is no specific "Legionella law," but several key regulations outline the legal duties regarding Legionella control:

1. Health and Safety at Work etc. Act 1974 (HSWA)

This fundamental law requires employers, landlords, and business owners to ensure the health and safety of employees and the public, including protection from waterborne diseases like Legionnaires’ disease. Failure to comply can result in fines and legal action.

2. Control of Substances Hazardous to Health Regulations 2002 (COSHH)

COSHH regulations classify Legionella bacteria as a hazardous substance, meaning businesses must take necessary precautions to prevent exposure. This includes identifying risks, implementing control measures, and maintaining records.

3. Approved Code of Practice (ACoP) L8

The Health and Safety Executive (HSE) provides ACoP L8 as official guidance on Legionella control. While not legally binding, following ACoP L8 demonstrates compliance with legal obligations. It outlines:

• The need for a Legionella risk assessment
• The appointment of a responsible person for managing Legionella risks
• The importance of ongoing monitoring, cleaning, and maintenance
• Record-keeping requirements

4. The Management of Health and Safety at Work Regulations 1999

These regulations reinforce the requirement for risk assessments and control measures, ensuring businesses take appropriate steps to identify and reduce Legionella risks.

5. Landlord and Tenant Act 1985

Landlords must ensure rental properties provide a safe living environment, including the management of Legionella risks. This applies to both private and social housing sectors.

Who Needs a Legionella Risk Assessment?

A Legionella risk assessment is required for: 

Landlords – Responsible for ensuring rental properties have safe water systems. 

Employers and Business Owners – Must manage risks in workplaces, commercial buildings, and industrial sites. 

Healthcare Facilities and Care Homes – Higher-risk environments where vulnerable individuals may be exposed. 

Hotels, Spas, and Leisure Facilities – Where water systems, pools, and hot tubs can create an increased risk. 

Schools and Public Buildings – Places with complex water systems that need regular monitoring.

What Does a Legionella Risk Assessment from The HRSA Involve?

A qualified assessor from The HRSA will:

• Inspect the water system to identify risk areas
• Check temperature controls and storage conditions
• Assess water usage and potential stagnation risks
• Recommend control measures such as flushing, temperature adjustments, or disinfection
• Provide a report with findings and compliance recommendations

Consequences of Non-Compliance

Failing to conduct a Legionella risk assessment can lead to Heavy fines and legal action. An increased risk of Legionnaires’ disease outbreaks. Business closure or reputational damage and civil claims from affected individuals.

Ensure Compliance with The HSRA

At The HSRA, we specialise in comprehensive Legionella risk assessments to help businesses and landlords meet legal requirements. Our team provides expert guidance, detailed assessments, and practical solutions to ensure your water systems remain safe and compliant. Speak to a member of The HRSA team today