Who is the Responsible Person for Legionella Control in Shared Estates and What is your Legal obligation?
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“You cannot escape the responsibility of tomorrow by evading it today.” - Abraham Lincoln
Managing the risk of Legionella in shared premises and residential accommodation is a legal obligation for both Building Owners (Landlords), Building Operators (Tenants) and sometimes even Facility Management Companies (Agents) who manage buildings under a contract of the building owner. But who is the Legionella responsible person in all of this?
The Health and Safety Executive (HSE) outlines specific responsibilities to ensure that risks associated with Legionella bacteria are minimised. This blog will break down these responsibilities and provide a detailed guide to the necessary actions and schedules for Building Owners and Building Operators alike.
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Responsibilities for Legionella Control
Building Owners (Landlords)
Building owners, as the persons in control of the premises, must appoint a Legionella responsible person to ensure that risk assessments are carried out and that Legionella control measures are implemented effectively. They are responsible for:
- Conducting and regularly updating the Legionella risk assessment.
- Ensuring remedial actions, installation work, and ongoing maintenance are carried out.
- Managing the water system, including ensuring proper installation and preventing stagnation.
If they do not have the expertise, they must hire a qualified individual to handle these responsibilities.
Building Operators (Tenants)
Building operators who occupy part of a building may also share responsibility for managing the water systems within their rented areas, especially in large shared premises. The specific responsibilities depend on the lease or contract, but they often include:
- Flushing infrequently used outlets.
- Temperature checks at outlets to ensure the water is being stored and distributed at the correct temperatures.
Facility Management Companies (Managing Agents)
Where a facility management company is involved, the agent’s duties for Legionella control must be explicitly stated in the contract. If not, the responsibility defaults to the building owner. The agent should oversee the overall management, including risk assessments, water testing, and ensuring the property is maintained in line with regulations.
Legionella Control Measures and the Responsible person
Let’s take a closer look at the shared responsibilities for Legionella responsible persons in shared premises:
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Overview of Required Actions and Frequency
Here is a detailed action plan to ensure compliance as a Legionella responsible person:
Practical Example: Managing Legionella Control in an estate with multiple Building Operators
In a large office building with multiple building operators:
- The building owners is responsible for conducting a Legionella risk assessment for the entire building and ensuring that communal systems such as restrooms, kitchens, and cold water tanks are maintained.
- The building operators are responsible for managing the outlets in their rented space, ensuring that little-used taps are flushed weekly and regularly checking water temperatures.
In this setup, the building owner may require building operators to provide regular updates or logs of the checks performed on their parts of the system to ensure compliance.
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