Who Needs  a 
Legionella Risk Assessment?

Anyone who controls a building where water is stored, heated or sprayed needs to assess the risk of legionella. That includes employers, landlords, managing agents and self-employed people working from premises. The legal duty sits with the "duty holder", and hiring a contractor or letting agent hands over the tasks, not the responsibility.

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Key facts

• The duty falls on: employers, the self-employed, landlords and anyone in control of premises

• Applies to: workplaces, rented homes, and shared or multi-occupancy buildings

• Can it be delegated? The tasks, yes. The legal responsibility, no.

• Source of the duty: the Health and Safety at Work etc. Act 1974, the Management of Health and Safety at Work Regulations 1999 and COSHH 2002

• Guidance: HSE's Approved Code of Practice L8 and HSG274

• Based in: Barnsley, covering Yorkshire and the UK

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Who is the "duty holder"?

The duty holder is the person or organisation with responsibility for the premises and the people using them. In practice that is usually the employer, the owner, the landlord or whoever has day-to-day control of the building. If more than one party shares control, such as a landlord and a tenant, responsibilities should be agreed and written down so nothing is missed.

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You must be able to:

• Identify and assess potential sources of risk

• Manage identified risks effectively

• Prevent or control exposure risks

• Maintain accurate records and fulfil any other relevant legal duties and responsibilities

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Do landlords need a legionella risk assessment?

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Yes. Landlords must assess the risk to their tenants and visitors, and take reasonable steps to control it. For a simple domestic system with small hot and cold water systems, the risk is often low and the assessment can be straightforward, but it still has to be done. Keeping a written record is strongly advised so you can show what you assessed and when. 

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Does hiring a contractor or agent change who is responsible?

No. You can hand the work to a contractor, a facilities team or a managing agent, but the legal duty stays with you as the duty holder. That is why it pays to choose a competent provider, keep copies of the reports and check the actions get done.

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What if you rent or share a building?

Responsibility follows control. If your landlord controls the water systems, the duty may rest with them, and you should ask to see their assessment. If you control part of the system, such as your own kitchen, showers or storage, some of the duty may be yours. Check your lease or tenancy agreement, and get the split agreed in writing.

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Do small businesses need a LRA?

Yes. Every employer must assess legionella risk, however small the premises. A small business may find the assessment quick and low-cost, and if you have fewer than five employees you are not legally required to write down the significant findings. But keeping a written record is still the best way to show you have complied. See our page on how much a legionella risk assessment costs.

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What happens if you don't have one?

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Failing to assess and control legionella risk is a breach of health and safety law. The HSE can issue improvement or prohibition notices, and prosecution can lead to unlimited fines and, in serious cases, imprisonment. 

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How we help

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Absolute Water Compliance is a family-run water hygiene company based in Barnsley. We carry out legionella risk assessments for employers, landlords, managing agents, care providers, schools and businesses across Yorkshire and nationally. Our water hygiene and servicing tasks are done by City & Guilds qualified staff, and we go through every finding with you in plain English. Prices start from £180. New customers and multi-site clients receive a discount.

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