Frequently Asked Questions
Can I do an assessment myself?
Yes. The regulations state that it can be conducted by a competent person.
Do bear in mind though that you need to produce a legal document identifying any risks, how they can be removed or reduced, and control measures to ensure risks remain low.
Our assessors are also insured in the eventuality that there was an outbreak and subsequent law suit. You'd need to ensure you had adequate liability and indemnity insurance.
Do I have to have an assessment?
Yes. The Health & Safety Executive have deemed it a legal requirement to have a legionella risk assessment for any domestic rental property.
Even if you only have a combi boiler, there are other considerations that need to be assessed. It just means it won't take quite so long or be as detailed, but there are still other risks to consider.
Is the landlord or the managing agent responsible?
The mangement agreement between the landlord and the letting/managing agent should stipulate who is responsible for repairs, maintenance and safety checks. The party responsible for those will also be responsible for legionella risk assessments.
However, the managing agent has a 'duty of care' (as with gas) to ensure that the landlord is made aware of all legal requirements and that the landlord has a valid risk assessment in place for the safety of their tenants.
What are the penalties for failing to comply?
Failure to comply is a criminal offence which can result in a fine of up to £20,000 per breach and/or 12 months' imprisonment. On indictment (when more serious crimes are taken to the Crown Court), the fine is unlimited and the maximum sentence is 2 years.
Those penalties may seem severe but the context is that legionnaires' disease can result in severe disability and death.
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