Legionella risk assessments for landlords in Wales
Health and safety law applies across Great Britain, so landlords in Wales carry the same duty to identify, assess and manage Legionella risk as landlords in England. The Welsh difference is the housing framework it sits inside: Renting Homes (Wales) fitness for human habitation, and Rent Smart Wales registration and licensing.
This page explains the Legionella risk assessment expected of a Welsh landlord, the Welsh context around it, and what to keep on file.
The short answer
Landlords and others in control of premises must identify, assess and manage the risk from Legionella under the Health and Safety at Work etc. Act 1974 and COSHH 2002.
Most straightforward domestic systems in Wales are likely to be low risk and need only a simple, proportionate assessment recorded against the property.
There is no statutory Legionella certificate in Wales, no general requirement to use a third-party assessor, and no fixed annual renewal — Renting Homes and Rent Smart Wales do not create one.
Official guidance from Health and Safety Executive (HSE)At a glance
- Regulator
- Health and Safety Executive (HSE)
- Legal and guidance basis
- HSWA 1974 and COSHH 2002, alongside the Renting Homes (Wales) Act 2016 fitness for human habitation regime
- Professional assessor required?
- Not generally for a straightforward domestic system, provided the person assessing is competent for that system
- Fixed annual renewal?
- No. Neither health and safety law nor Renting Homes (Wales) sets a Legionella renewal date; review when circumstances change
- Routine laboratory water testing?
- Not normally required for a straightforward domestic property
What this means for a typical rental property
A typical Welsh rental is a house or flat on a mains supply with a modest number of outlets. Regular occupation keeps water moving, which is why these systems are usually low risk.
Older Welsh housing stock more often retains a loft cold water storage tank and a vented cylinder. Where that is the case, the tank lid, insulation and general condition, and the temperature the cylinder actually reaches, matter more than they do on a mains-fed combination system.
Combi boiler and no hot-water cylinder
Where the property has a gas combination boiler and no stored hot-water cylinder, the risk is commonly lower because hot water is produced on demand rather than stored. It is not eliminated. Keep checking stagnation and little-used outlets, shower head and hose cleanliness, the cold-water temperature and condition, dead legs and redundant pipework left over from an earlier system, and any occupant or system factors that increase 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.
Renting Homes (Wales), fitness for human habitation and Rent Smart Wales
Under the Renting Homes (Wales) Act 2016 and the fitness for human habitation regulations, a landlord must ensure the dwelling is fit for human habitation, and the matters considered include the supply of water and a range of health and safety hazards. That framework does not introduce a separate Legionella certificate or an annual Legionella renewal.
What it does mean is that remedial actions arising from a Legionella risk assessment are best treated as repair obligations: complete them and keep evidence that you did.
Rent Smart Wales registration and licensing is a landlord and agent licensing scheme with training requirements. It is surrounding context, not a source of a separate Legionella duty. Where an agent manages the property, agree in writing who carries out and records the assessment, and keep a copy yourself.
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 water systems serving more than one dwelling
- Large or complex stored systems, or storage tanks in poor or unclear condition
- 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
- 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
Wales landlord questions answered
Is a Legionella risk assessment a legal requirement in Wales?
Yes in the sense that the duty to identify, assess and manage the risk applies under the Health and Safety at Work etc. Act 1974 and COSHH 2002. For a straightforward domestic property that means a simple, proportionate assessment recorded against the property.
Does Renting Homes (Wales) require a Legionella certificate?
No. The fitness for human habitation regime requires the dwelling to be fit, including the water supply, but it does not create a Legionella certificate or an annual Legionella renewal.
Does Rent Smart Wales require an annual Legionella check?
No. Rent Smart Wales handles landlord and agent registration, licensing and training. It does not set a separate Legionella assessment frequency.
How often should a Welsh landlord review the assessment?
There is no prescribed period. Review periodically and whenever circumstances change — plumbing or heating works, a long void, a change of occupants, or new information about the system.
Can a Welsh landlord assess the property themselves?
A landlord may self-assess where they are competent for that system. Communal, complex or higher-risk systems, or any situation you are unsure about, should be referred to a competent specialist.
Do I need laboratory water testing in Wales?
Routine microbiological sampling is not normally required for a straightforward domestic property. Temperature observations are monitoring evidence, not 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 Wales property is suitable
Official sources
- HSE — Legionella and landlords' responsibilities
- Rent Smart Wales — resource library
- The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022
- Renting Homes (Wales) Act 2016 — Part 4, Chapter 2
General information for landlords, not legal advice. Always check the current guidance published by the regulator for your jurisdiction.