Water hygiene does tend to get pushed to the back of the line when it comes to building safety, with a larger focus being placed on fire risks and asbestos. However, for landlords, managing agents and employers responsible for commercial buildings, that doesn’t mean water safety can be left unchecked. Where there is a common water supply, there are responsibilities around managing the risks associated with Legionella and putting suitable controls in place. 

But what does that involve and how can you make sure that you’re keeping occupants safe whilst meeting legal requirements? From carrying out a Legionella risk assessment to monitoring water temperatures and knowing who is responsible for ongoing maintenance, here’s what duty holders need to know. 

Do landlords need legionella assessments? 

If a commercial building has a common water supply, the responsible person has a duty to make sure appropriate water hygiene management systems are in place. A water hygiene risk assessment is usually the starting point. The assessment looks at the building, its water systems and how they are used, helping to identify where Legionella could become a risk and what controls are needed. The findings should inform the ongoing management of the water system, including what testing, monitoring and maintenance needs to take place. 

For landlords and other duty holders, having a suitable assessment in place provides a clear basis for managing their water hygiene responsibilities rather than relying on assumptions about whether a building is likely to be at risk. 

What documents do you need for water hygiene management? 

A Legionella risk assessment is an important part of the picture, but it isn’t the only document that needs to be considered. Water hygiene management should also include: 

  • A water hygiene policy, setting out the approach to managing water safety. 
  • A written scheme of control, explaining how the identified risks will be managed. 
  • Clearly named responsible people, including a responsible person and deputy responsible person. 
  • Details of any contractors responsible for routine testing and maintenance. 

The written scheme of control is particularly important because it establishes who is responsible for what. That means there is a clear line of responsibility for monitoring the system, arranging testing and making sure required maintenance is carried out. This is an important part of meeting landlord water safety legal duties. Having the right documents is useful, but they also need to reflect what is happening within the building. 

What law covers legionella and water safety? 

Legionella management forms part of wider workplace health and safety responsibilities. The Management of Health and Safety at Work Regulations, the Health and Safety at Work Act, and the Control of Substances Hazardous to Health (COSHH) Regulations require employers to identify health and safety hazards and take appropriate steps to protect people from them. Legionella is one of the hazards that needs to be considered.

The HSE’s L8 Approved Code of Practice (ACOP) and HSG274 guidance also set out practical advice for managing and controlling the risks associated with Legionella and exposure to Legionella bacteria.

How often should legionella risk assessments and testing be carried out? 

One of the most common questions around Legionella management is how often everything needs to be checked. There isn’t one fixed frequency that applies to every building. The risk assessment should determine the appropriate approach based on the water systems, how the property is used and the level of risk involved. 

For example, a medium-risk office building may typically have its water hygiene risk assessment reviewed every two years. Where there is a more substantial risk, an annual assessment may be recommended. The assessment should also set out ongoing testing and maintenance requirements. Depending on the system, this could include: 

  • Monthly water temperature monitoring at taps. 
  • Quarterly or six-monthly Legionella sampling where there is an inherent risk. 
  • Six-monthly tank cleaning where a tank forms part of the water system. 
  • Legionella sampling where identified as necessary by the risk assessment or control regime.
  • Regular review of the Legionella risk assessment, particularly where there is reason to believe it may no longer be valid, such as following changes to the building, water system or its use.

These aren’t universal rules for every property. The important point is that the risk assessment should identify what is appropriate for the specific building. If the building’s use changes, its water systems are altered or there is another significant change in circumstances, the assessment may also need to be reviewed sooner. 

Why is legionella dangerous? 

Here’s something that often surprises people: you don’t catch Legionnaires’ disease simply by drinking water containing Legionella bacteria. Legionella can grow in water systems, but the risk arises when contaminated water becomes an aerosol – tiny droplets or a fine spray that can become airborne and then be inhaled. That means the way water is being used is really important. 

For example, a spray tap in a workplace kitchen or washroom could create an aerosol. Other water systems and equipment can also produce fine droplets, which is why the risk assessment needs to consider how the building’s water systems operate. Even if a Legionella sample comes back positive, that doesn’t automatically mean someone will become ill. There needs to be a route for the bacteria to become airborne and be inhaled. This is why Legionella management isn’t only about testing a water sample and looking at the result in isolation. The wider system and how it is used needs to be assessed too. 

Who is responsible for legionella management? 

Hopefully it goes without saying that there should be clear ownership of water hygiene responsibilities. The responsible person has a key role in making sure the necessary arrangements are in place, while a deputy or other suitable arrangements should also be considered to ensure responsibilities are covered during absence. Both should be identified within the written scheme of control, alongside any contractors carrying out testing and maintenance.

For landlords, managing agents and employers, this clarity matters. If nobody is clearly responsible for arranging temperature checks, sampling, tank cleaning or reviewing the risk assessment, important tasks can easily be missed. 

Final thoughts 

Good water hygiene management is ultimately about having the right assessment, controls and people in place, and then making sure those arrangements are followed. If you’re responsible for a commercial building with a common water supply, a Water Hygiene Risk Assessment is a sensible place to start. 

 

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