Legionella · Derby
Legionella in Derby
Landlords in Derby have a duty of care under the Health and Safety at Work Act 1974 to assess and control Legionella risks in their rental properties. Derby City Council environmental health officers can investigate water safety complaints, and the HSE enforces compliance across England.
Legionella Quick Reference
Legal basis
Health and Safety at Work etc. Act 1974, s.3 (duty to non-employees). Control of Substances Hazardous to Health Regulations 2002 (COSHH), Regulation 6. HSE Approved Code of Practice L8: Legionnaires' disease — The control of legionella bacteria in water systems. HSG274 Part 2: The control of legionella bacteria in hot and cold water systems.
Renewal cycle
Every 24 months
Who can issue
A competent person with knowledge of water systems and Legionella risks. This can be the landlord themselves if they have sufficient understanding, but most landlords commission a specialist water hygiene company or a qualified Legionella risk assessor. The Legionella Control Association (LCA) maintains a list of member companies. Many gas engineers and property compliance companies also offer Legionella assessments.
Max fine
£20,000
Local council
Derby City Council
Typical cost
£75–£200
Legionella Requirements in England
The HSE's ACOP L8 and COSHH Regulations apply. Local authorities can prosecute under HSWA 1974. While there is no standalone Legionella regulation for domestic landlords, the duty of care is clear and enforceable. The HSE recommends risk assessments every 2 years, with annual reviews if conditions change. The HHSRS (Housing Health and Safety Rating System) includes Legionella as a Category 1 hazard.
Legionella Cost in Derby
Legionella risk assessments in Derby typically cost £75–£200, depending on property size and water system complexity. Many compliance companies in England offer discounted packages combining Legionella assessments with gas safety checks and EICRs. Properties with older water tanks or long pipe runs common in England may require more detailed assessment.
The typical cost for a Legionella in Derby ranges from £75 to £200. A standard domestic Legionella risk assessment costs £75–£150 for a typical house or flat. Larger properties, HMOs, or properties with complex water systems (multiple tanks, long pipe runs) cost £150–£200. Some compliance companies offer combined packages with gas safety checks and EICRs at a reduced rate. The assessment itself takes 30–60 minutes on site.
The inspection itself typically takes 30–60 minutes on site; written report within 48 hours. Booking lead times in Derby vary by season — engineers are busiest in autumn and winter when landlords rush to renew before expiry.
Council Enforcement in Derby
Derby City Council environmental health team can investigate reports of Legionnaires' disease in Derby and trace the source back to a specific property's water system. If a landlord in England is found to have failed to assess or control the risk, Derby City Council can prosecute under HSWA 1974. The Housing Health and Safety Rating System (HHSRS) assessment used by Derby City Council includes hot and cold water supply as a potential hazard.
Selective Licensing in Derby
Selective licensing in designated areas covering Normanton, Arboretum, and surrounding neighbourhoods.
Derby City Council operates an additional HMO licensing scheme. If your property qualifies as an HMO, you will need an HMO licence in addition to your Legionella. The council can inspect HMOs for compliance with all certificate requirements, including Legionella, as a condition of the licence.
For more information on housing enforcement in Derby, visit the Derby City Council website.
Criminal Penalties
Non-compliance with Legionella requirements carries a risk of Up to 2 years imprisonment under HSWA s.33 for serious breaches causing harm. Derby City Council works with the HSE and local magistrates to prosecute landlords who fail to maintain valid certificates.
Frequently Asked Questions
Do I legally need a Legionella risk assessment as a landlord?
The HSE's ACOP L8 states that if you are a landlord, you are a duty holder and must assess the risk of Legionella to your tenants. While there is no single regulation that says 'landlords must have a written Legionella risk assessment', the combination of HSWA 1974 and COSHH 2002 creates an enforceable obligation. If a tenant contracts Legionnaires' disease and you cannot demonstrate you assessed and controlled the risk, you face prosecution with significant fines and potential imprisonment.
How often should a Legionella risk assessment be done?
The HSE recommends every 2 years for standard domestic properties. However, a new assessment should be carried out whenever there is a change in the water system (new boiler, new pipework), a change in use of the property (conversion to HMO), or if the property has been vacant for an extended period. The assessment should be reviewed annually to check that control measures are still in place and effective.
Can I do the Legionella risk assessment myself?
Yes, if you are competent to do so. The HSE defines 'competent' as having sufficient training, knowledge, and experience. For a simple domestic property with a combination boiler (no stored water), the risk is low and a basic self-assessment using the HSE's landlord guidance may suffice. For properties with hot water cylinders, cold water tanks, or complex systems, a professional assessment is strongly recommended. The cost (£75–£150) is modest relative to the potential liability.
What are the main risk factors for Legionella in rental properties?
The highest risk factors are: water stored between 20°C and 45°C (hot water cylinder set too low or cold water tank in a warm loft), stagnant water in dead legs (capped-off pipes from removed appliances), infrequently used outlets (spare bathrooms, outside taps), cold water storage tanks without lids or insulation, and showerheads with limescale build-up. Properties with combination boilers and no stored water are generally lower risk.
How much does a Legionella cost in Derby?
In Derby, a Legionella typically costs between £75 and £200. A standard domestic Legionella risk assessment costs £75–£150 for a typical house or flat. Larger properties, HMOs, or properties with complex water systems (multiple tanks, long pipe runs) cost £150–£200. Some compliance companies offer combined packages with gas safety checks and EICRs at a reduced rate. The assessment itself takes 30–60 minutes on site. Legionella risk assessments in Derby typically cost £75–£200, depending on property size and water system complexity. Many compliance companies in England offer discounted packages combining Legionella assessments with gas safety checks and EICRs. Properties with older water tanks or long pipe runs common in England may require more detailed assessment.
Which council handles Legionella enforcement in Derby?
Derby City Council is responsible for enforcing Legionella compliance in Derby. The council also operates a selective licensing scheme, which means additional scrutiny of privately rented properties. You can contact the council's housing team via their website at https://www.derby.gov.uk/housing.
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