Do I need a legionella certificate? No. The Health and Safety Executive is explicit: health and safety law does not require landlords to obtain or produce a “legionella test certificate”. There is no statutory document like a gas safety certificate or an EICR. What you need is a legionella risk assessment and proportionate control of the water system. The duty is assess and control — not a certificate
HSE’s landlord page states that health and safety law does not require landlords to obtain or produce a ‘legionella test certificate’. The duty sits under the 1974 Act, section 3 and COSHH, with ACoP L8 as the practical code. Use the Legionella Risk Calculator, then book a legionella risk assessment through our nationwide network if the system is not simple domestic.
What the law actually requires
If you rent out a property — including a room in your own home — you have a duty of care to tenants. HSE’s legionella and landlords’ responsibilities page applies section 3 of the 1974 Act: conduct the undertaking so tenants are not exposed to health and safety risks, so far as is reasonably practicable. COSHH then covers biological agents such as legionella — identify, assess, control.ACoP L8 (fourth edition, 2013, still current) is the Approved Code of Practice. HSG274 is the technical guidance, including Part 2 on hot and cold water systems. Courts can treat a failure to follow L8 as evidence you have not met the law, unless you did something equally effective. For most domestic rentals the assessment can be simple: HSE says residential hot and cold water systems are generally low risk because water is used and turned over.Why “legionella certificates” appear everywhere
Gas has a certificate. Electrics have an EICR. Agents, insurers and some contractors talk about legionella in the same breath, so a “legionella certificate” gets sold as the third document in the pack. It is a marketing label. If a tenant became ill, what a court would look for is whether you assessed the system and controlled the risk — not a PDF headed “Satisfactory” that records a one-off sample.| What some companies sell | What the law actually wants |
|---|---|
| A “legionella certificate”, as if it were a gas safety certificate | No such statutory certificate exists. HSE says so in terms. |
| Annual water samples for every rental | Sampling is not usually required for domestic hot and cold water systems. |
| A file-and-forget PDF | Assess the risk, put simple controls in place, and review when things change. |
| “Only an accredited tester can do this” | Most landlords of simple domestic systems can assess the risk themselves if they are competent. |
When a simple self-assessment is enough
HSE is clear that most landlords can assess the risk themselves and do not need to be professionally trained or accredited. A typical low-risk example is a small housing unit with a domestic-type system where:- daily use turns the water over
- cold water comes straight from a wholesome mains supply, with no stored water tank
- hot water is fed from instantaneous heaters or low-volume water heaters, supplying outlets at 50°C
- the only outlets are toilets and wash-hand basins
When you should use a competent person
Self-assessment stops being realistic when the system, the occupancy or your own competence does not match that low-risk picture. HSE says you can arrange for someone to do it on your behalf if you do not feel competent, or inclined. Book a professional legionella risk assessment through our nationwide network where you have:- stored cold water in a loft tank, or a large calorifier
- little-used guest bathrooms, en-suites or outside taps
- dead legs or redundant pipework
- an HMO, student let, hostel or other shared occupancy
- a care or healthcare setting, or anyone particularly susceptible
- a long void — especially student stock left empty over the summer
- a written scheme, temperature log or sampling regime that you cannot run yourself
Records, review and what happens if someone gets ill
HSE and local authority inspectors do not proactively inspect ordinary domestic rentals or ask to see a risk assessment. That is not a reason to skip it. If a tenant contracted Legionnaires’ disease from the water system, the landlord may be prosecuted under the 1974 Act and would have to show a court that the duty was met.Writing the assessment down is only a statutory recording duty for employers with five or more employees, but a record of what you assessed and did is how you would demonstrate the duty. The law does not prescribe an annual or two-year review. Review it when the system changes, after a long void, on a change of tenancy, or periodically so it does not go stale. See how long a legionella risk assessment lasts. A certificate is not a defenceIf the shower heads were never cleaned, the cylinder was turned down, and the spare bathroom stood unused all winter, the heading on the PDF will not help. The assessment plus the controls plus the records are what matter.
Frequently asked questions
Do landlords legally need a legionella certificate?
No. HSE states that health and safety law does not require landlords to obtain or produce a ‘legionella test certificate’. The legal duty is to assess and control the risk.Is a legionella risk assessment a legal requirement?
Yes. Landlords must assess the risk of exposure to legionella and control it, under the 1974 Act and COSHH, with ACoP L8 as the practical code. For most simple domestic systems that assessment can be short and proportionate.Can I carry out the legionella risk assessment myself?
Usually yes, for a simple domestic system, if you are competent. HSE says most landlords do not need to be professionally trained. If you are not competent, or the system is stored water, an HMO, care, or a long void, use a competent person.How often should a legionella risk assessment be reviewed?
The law does not prescribe an annual or biennial review. Review it periodically, and whenever the system, occupancy or use changes — including after a long void or a change of tenancy.Is testing required for a standard house or flat?
No. Sampling is not usually required for domestic hot and cold water systems. Do not confuse a lab sample with temperature monitoring, which confirms the system is under control.Do letting agents have the right to demand a certificate?
They can ask for evidence that you have assessed and are managing the risk. They cannot require a statutory “legionella certificate”, because none exists. Send the assessment and a note of the controls.What to do instead of buying a certificate
1Assess the system, in proportion
For a simple domestic rental, a short assessment is enough if you are competent. For stored water, HMOs, care or long voids, use a competent person.2Put the simple controls in place
Flush before a new tenancy, store hot water at 60°C, keep cold water cold, remove redundant pipework, and tell tenants not to turn the cylinder down.3Keep a note, and review when things change
A written record of the assessment and the controls is what you would show a court — not a certificate heading. Review after voids, plumbing work or a change of tenancy.Need a Legionella Risk Assessment, Not a Certificate?
Request a quote through our nationwide network via the quote form.
Guidance only — not legal advice. Requirements depend on the premises and enforcing authority. Arrange a formal on-site assessment where needed.