Legionella risk assessments for landlords in Scotland
Health and safety law is reserved across Great Britain, so a landlord in Scotland carries the same duty to identify, assess and manage Legionella risk as one in England. What is distinctly Scottish is the housing framework around it: the Repairing Standard statutory guidance addresses Legionella expressly, and the model private residential tenancy notes tell tenants a risk assessment will have been carried out.
This page sets out the duty, the Scottish-specific expectations, and the Legionella risk assessment record worth keeping.
The short answer
The duty comes from the Health and Safety at Work etc. Act 1974 and COSHH 2002, which apply in Scotland exactly as they do elsewhere in Great Britain: identify, assess and manage the risk.
Scottish statutory guidance on the Repairing Standard goes further than the rest of Great Britain in naming Legionella, stating that the water system must be such that the risk of Legionella is minimised, and the Scottish model tenancy notes state the landlord must carry out a risk assessment.
There is still no statutory Legionella certificate and no fixed annual renewal: most straightforward domestic systems are likely to be low risk, and you review when circumstances change.
Official guidance from Health and Safety Executive (HSE)At a glance
- Regulator
- HSE for the health and safety duty; the First-tier Tribunal for Scotland and local authorities for the Repairing Standard
- Legal and guidance basis
- HSWA 1974 and COSHH 2002, plus Repairing Standard statutory guidance for private landlords and the model private residential tenancy notes
- Professional assessor required?
- Not generally for a straightforward domestic system, provided the person assessing is competent for that system
- Fixed annual renewal?
- No. Review periodically and whenever relevant circumstances change
- Routine laboratory water testing?
- Not normally required for a straightforward domestic property
What this means for a typical rental property
Much of the Scottish private rented sector is flatted, often in tenements and conversions, and that shapes the assessment. Where a flat has its own supply, cylinder or combination boiler, the assessment is contained and straightforward.
Where a building shares cold water storage, a communal riser or a shared hot-water arrangement, the water system extends beyond the flat. Establish who controls the shared plant — a factor, owners' association or housing provider — because that part of the system is not something an individual landlord can assess alone.
Combi boiler and no hot-water cylinder
Where the flat has a gas combination boiler and no stored hot-water cylinder, the risk is commonly lower because water is heated on demand rather than stored. It is not zero. Continue to check stagnation and little-used outlets, shower head and hose cleanliness, the temperature and condition of the cold supply — particularly where cold pipework runs through a warm service duct — dead legs left behind after a conversion, and any occupant or system factors that raise exposure or susceptibility.
How to carry out a proportionate Legionella risk assessment
- 1
Understand the water system
Record how water is heated and whether it is stored: a combination boiler with no cylinder, a vented cylinder with a loft tank, an unvented cylinder, or a shared or communal arrangement. Note tanks, pumps, softeners and any pipework you cannot account for.
- 2
Identify who is exposed and how
Legionella causes harm when contaminated water is breathed in as fine spray. Note showers, spray taps, hoses and any occupants who may be more susceptible, such as older people or those with weakened immunity.
- 3
Inspect storage, pipework and outlets
Look at the cylinder or tank where one is fitted, tank lids and insulation, exposed pipework, shower heads and hoses, and any outlet that is rarely used. Note redundant pipework and dead legs that let water sit.
- 4
Record readings and observations using a documented method
Where it is practical, run each outlet and note the hot and cold temperatures reached, the time run and the outlet they belong to. These are monitoring observations that support your judgement about the system — they are not microbiological testing.
- 5
Identify proportionate actions
Typical actions are descaling and cleaning shower heads, flushing little-used outlets, removing redundant pipework, adjusting a cylinder that is running cool, and giving the tenant simple advice about flushing after a period away.
- 6
Review when circumstances change
Reassess after works to the plumbing, a change of heating or hot-water system, a long void, a change in who occupies the property, or anything that suggests the earlier assessment no longer describes the system.
The Repairing Standard and the Scottish tenancy framework
Private rented homes in Scotland must meet the Repairing Standard under the Housing (Scotland) Act 2006. The Scottish Government's statutory guidance for private landlords addresses Legionella directly and expects the water system to be such that the risk is minimised, which puts the assessment squarely inside the standard rather than alongside it.
The model private residential tenancy notes reinforce this from the tenant's side: they state that the landlord must carry out a risk assessment and describe simple controls, such as keeping shower heads clean and running outlets that have not been used.
Landlord registration with the local authority is a separate requirement. Registration does not create the Legionella duty — that comes from health and safety law and the Repairing Standard — but a registered landlord is expected to be meeting both.
When self-assessment is not appropriate
Refer the property to a competent specialist, or to whoever controls the shared plant, where any of the following apply. Deciding whether you have sufficient competence for a particular system remains your judgement.
- Communal or shared cold water storage, risers or hot water in a tenement or converted building
- Large or complex stored systems, or plant controlled by a factor rather than by you
- Spa pools, hot tubs or cooling equipment
- Occupants who are significantly more susceptible to infection
- Readings that stay abnormal after the obvious actions have been taken
- Conversion plumbing you cannot follow, or suspected dead legs you cannot resolve
- Any situation where you do not consider yourself competent for that system
What records should a landlord keep?
- A description of the water system, including how water is heated and whether it is stored
- A room-by-room list of outlets, including showers, little-used taps and outside taps
- Hot and cold observations taken after running, with the date and the outlet they relate to
- Whether an outlet is blended through a thermostatic mixing valve
- Photographs or notes supporting anything unusual
- The findings, the action identified for each, and whether it has been completed
- Advice given to the tenant, and any flushing carried out during a void
- The date of the assessment and the point at which you intend to review it
Scotland landlord questions answered
Is a Legionella risk assessment a legal requirement in Scotland?
The duty to identify, assess and manage the risk comes from the Health and Safety at Work etc. Act 1974 and COSHH 2002. In Scotland the Repairing Standard statutory guidance also addresses Legionella and expects the water system to minimise the risk, and the model private residential tenancy notes state the landlord must carry out a risk assessment.
Do I need a Legionella certificate in Scotland?
No. There is no statutory Legionella certificate for Scottish lettings. Keep a dated Legionella risk assessment report describing the system, the checks, the findings and the actions, and retain or share it as needed.
Does landlord registration require a Legionella assessment?
Registration itself does not create the Legionella duty. It comes from health and safety law and from the Repairing Standard, both of which apply whether or not registration is in place.
How often should a Scottish landlord review the assessment?
There is no prescribed annual or biennial period. Review periodically and whenever circumstances change — new plumbing or heating works, a long void, a change of occupants, or works to shared building services.
Can I assess a tenement flat myself?
You may self-assess the part of the system you control, where you are competent for it. Shared cold water storage, communal risers or hot water controlled by a factor go beyond an individual flat and should be referred to whoever manages that plant, or to a competent specialist.
Do I need laboratory water testing in Scotland?
Routine microbiological sampling is not normally required for a straightforward domestic property. Temperature observations are monitoring evidence rather than a laboratory test for Legionella bacteria.
Turn the guidance into a property-specific record
LegionellaWise walks through the property room by room, prompts for the outlets and observations that matter for the system you describe, and keeps photos attached to the finding they support. The result is a structured, versioned Legionella risk assessment report you can retain or share with a tenant or agent.
You can set a review reminder for a date you choose. That is a prompt for your own diary — the need to review is driven by changes to the property and its risk, not by a reminder expiring. LegionellaWise guides and records the work; deciding whether you have sufficient competence for the system remains yours.
Check if your Scotland property is suitable
Official sources
- HSE — Legionella and landlords' responsibilities
- Scottish Government — Repairing Standard statutory guidance (water systems)
- Scottish Government — Repairing Standard statutory guidance (further guidance)
- Scottish Government — Model private residential tenancy: easy read notes
General information for landlords, not legal advice. Always check the current guidance published by the regulator for your jurisdiction.