7. Housing Landlord Compliance – Water Safety Policy - Report
Renfrewshire Council · 19 August 2025
Back to Communities and Housing Policy Board — 19 August 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
___________________________________________________________________ To: Communities and Housing Policy Board On: 19 August 2025 ___________________________________________________________________ Report by: Director of Environment, Housing, and Infrastructure ___________________________________________________________________ Heading: Housing Landlord Compliance – Water Safety Policy ___________________________________________________________________ 1. Summary 1.1 All social landlords must ensure they meet all duties in relation to tenant and resident safety and have an effective system in place to ensure compliance with statutory, legislative, and regulatory responsibilities. 1.2 The Housing Landlord Compliance Strategy 2025-2028, which sets out the strategic approach to compliance across the six key areas of compliance relating to Council Housing assets (gas safety, electrical safety, fire safety, lift safety, asbestos management and water safety) was approved at the Communities and Housing Policy Board on 11th March 2025 along with the first two of six policies – the Gas and Carbon Monoxide Safety Policy and the Electrical Safety Policy. The Fire Safety Policy and Lift Safety Policy were approved at Board on 13th May 2025. 1.3 This report presents a further one of the six policies associated with the Strategy; the Water Safety Policy, which describes how Renfrewshire Council will meet the statutory, contractual, and regulatory requirements in relation to Water safety relating to our housing assets. 1.4 Details of an independent external review of the policies by the Social Housing Safety Network Scotland are included within the report.
Page 2
__________________________________________________________________ 2. Recommendations It is recommended that the Communities and Housing Policy Board: 2.1 Approves the Water Safety Policy, set out at Appendix A of this report. Background 3.1 The Housing Landlord Compliance Strategy and associated policies were completed in 2021 and are subject to 3 yearly reviews. An internal review of the Water safety policy (note this is Appendix 5 of the Landlord Compliance Strategy) was completed which was followed up with an independent external review. 3.2 The independent external review has been undertaken by Ryan Hodgson of the Social Housing Safety Network Scotland, who provided feedback in July 2025. Mr Hodgson is suitably qualified to conduct such a review and is the appointed policy and procedure specialist providing policy reviews, feedback and updates, re-writes, development, and support for a number of other social housing providers across Scotland. The following documents were sent to the network to be reviewed: Water Safety Policy Minor changes were noted and incorporated within the revised document. Expanding and referencing all of the relevant legislation. Updating voids procedures. Updating of Thermostatic Mixing Valve (TMV) procedures. 4. Housing Landlord Compliance Policies 4.1 The Water Safety Policy is set out in Appendix A of this report, outlining how the commitment to water safety will be met and how assurance of compliance will be provided to the duty holder. The policy sets out the scope, processes, data management and performance monitoring.
Page 3
Implications of the Report 1. Financial – Employee costs associated with the Housing Landlord Compliance team and maintenance costs associated with carrying out statutory and regulatory compliance works are included within the Housing Revenue Account (HRA) approved budget each year. 2. HR & Organisational Development - None. 3. Community/Council Planning – Our Renfrewshire is safe – ensuring tenants have a safe place to live. To manage risk to for staff, contractors, or members of the public within council housing properties. 4. Legal – None. 5. Property/Assets - Ensuring assets are protected from risk. 6. Information Technology - None. 7. Equality & Human Rights - (a) The Recommendations contained within this report have been assessed in relation to their impact on equalities and human rights. No negative impacts on equality groups or potential for infringement of individuals’ human rights have been identified arising from the recommendations contained in the report. If required following implementation, the actual impact of the recommendations and the mitigating actions will be reviewed and monitored, and the results of the assessment will be published on the Council’s website. 8. Health & Safety - The strategy and policies align with the Council’s Corporate Health and Safety Policy. 9. Procurement – None. 10. Risk - The absence of policies could put the Council at risk of failing to comply with statutory duties for landlord compliance and could be reputationally damaging. . 11. Privacy Impact – None. 12. Climate Risk – None. 13. Children’s Rights – None. 14. Cosla Policy Position – None. _______________________________________________________
Page 4
List of Background Papers Appendix A – Housing Water Safety Policy ___________________________________________________________________ Author: Karen Sillars, Housing Asset & Investment Manager Email: karen.sillars@renfrewshire.gov.uk
Page 5
1 HOUSING LANDLORD COMPLIANCE STRATEGY Appendix 5 Water Safety Policy
Page 6
Water Safety Policy 2 Table of Contents 1. Introduction .......................................................................................... 4 2. Statement of Intent ............................................................................... 4 3. Legislation ............................................................................................. 5 4. Policy ..................................................................................................... 8 5. Process .................................................................................................. 9 6. Delivery .................................................................................................. 9 7. Contractors Competency .................................................................... 10 8. Internal Competency ........................................................................... 10 9. Data ..................................................................................................... 11 10. Assurance ............................................................................................ 11 11. Communication .................................................................................. 12 12. Implementation .................................................................................. 12 13. Consultation ........................................................................................ 13 14. Equality Analysis (EIA) ......................................................................... 13 15. Monitoring Performance ..................................................................... 14 16. Positive Legionella Counts .................................................................. 15 17. Emergency Actions .............................................................................. 15
Page 7
Water Safety Policy 3 18. Policy Review ....................................................................................... 16 19. Amendment Log / Version Control ...................................................... 16
Page 8
Water Safety Policy 4 1. Introduction At the time of policy approval, Renfrewshire Council (Renfrewshire) owns and manages 12,078 residential properties for let. Water systems within blocks and individual dwellings must be risk assessed, kept safe for use, and maintained, as necessary. This policy outlines how (Renfrewshire) will meet its commitments to water safety. It is supported by a Water Safety Management Plan, which provides detailed guidance and procedures. Legionella bacteria can cause several diseases, including Legionnaires’ disease—a potentially fatal form of pneumonia. While the bacteria are commonly found in natural water sources (e.g., rivers, lakes, reservoirs), they can also thrive in purpose-built systems such as cooling towers, evaporative condensers, hot and cold-water systems, and spa pools. Everyone is susceptible to infection, with increased risk among older individuals and other vulnerable groups, as detailed in the Management Plan. If conditions are favourable, the bacteria can multiply, increasing the risk of infection. Therefore, controlling these risks is essential. This policy describes how Housing will meet statutory, legislative, and regulatory requirements related to water safety. Specific procedures and processes are detailed in the associated Water Safety Management Plan. It also explains how the Director of Environment, Housing, and Infrastructure, as Duty Holder, will be assured of compliance with all relevant obligations. 2. Statement of Intent This policy covers the management of water safety risks, including: Legionella control Scalding prevention Unadopted water systems The delivery of the commitments within this Policy will ensure that the requirements of other legislation, such as the Health and Safety at Work Act (HASAWA) 1974 and the Housing (Scotland) Act 2010 will also be met. In addition, Landlords and providers of Social Housing must meet the requirements of the Scottish Housing Regulator’s (SHR) Regulatory Standards.
Page 9
Water Safety Policy 5 It is essential to ensure that customers, tenants, residents, employees, contractors and visitors remain safe in housing properties. Failure to properly discharge our statutory, legislative or regulatory responsibilities may also result in: Prosecution by the Health and Safety Executive under HASAWA 1974. Prosecution under Corporate Manslaughter and Corporate Homicide Act 2007. SHR’s scrutiny and potential determination of a breach of the Regulatory Standards and serious detriment having been caused/potentially caused. Reputational damage to the Authority and staff. Loss of confidence by stakeholders in the Organisation. 3. Legislation Renfrewshire will comply with all relevant and current legislation, including but not limited to: The Management of Health and Safety at Work Regulations 1999 section 3, sets out the duty for every employer to make a suitable and sufficient risk assessment of the risks to health and safety of all of their employees whilst at work and other people not in their employment. The Control of Substances Hazardous to Health (COSHH) Regulations 2002 place a duty on employers to protect their employees by undertaking an assessment of the risks to health arising from hazardous substances (this includes Legionella bacteria) in the workplace, this also extends to others that could be affected in the workplace such as contractors, tenants, neighbours, owners, visitors, and members of the wider general public. COSHH includes: • Preventing or controlling exposure. Maintaining, examining and testing control measures. • Monitoring exposure and providing health surveillance where appropriate. • Providing information, instruction and training; and • Ensuring arrangements are in place to deal with accidents, incidents, outbreaks and emergencies.
Page 10
Water Safety Policy 6 The L8 Approved Code of Practise (ACoP L8) – ‘The Prevention or Control of Legionellosis (including Legionnaires’ disease) Approved Code of Practice’ was approved by the Health and Safety Commission under Section 16 of the Health and Safety at Work Act (HASAWA) 1974 and was published in 1991 and came into effect on 15 January 1992. The fourth edition was published in 2013 and split the document into the ACoP L8 and HSG274 parts one, two and three: Part one: The control of Legionella bacteria in evaporative cooling systems o Not Referenced Part two: The control of Legionella in hot and cold-water systems Part one: The control of Legionella bacteria in evaporative cooling systems Part two: The control of Legionella in hot and cold-water systems Part three: The control of Legionella bacteria in other risk systems. Part three: The control of Legionella bacteria in other risk systems. o Not Referenced Renfrewshire does not contain any evaporative cooling systems or other risk systems (e.g. water features or spa pools), therefore HSG274 parts 1 and 3 do not apply. Part 2 applies to Renfrewshire’s hot and cold-water systems and is guidance which we will use to manage the risks. While following health and safety guidance is not strictly a legal requirement, it is considered good practice to adhere to it as it can help demonstrate compliance with the underlying health and safety legislation, which does have legal enforceability; essentially, Renfrewshire by following guidance, can show that we are taking reasonable steps to protect our residents and others from harm. The Health and Safety Guidance document HSG 274 and The Approved Code of Practice (ACoP) L8, gives practical guidance on the requirements of HASAWA and the Control of Substances Hazardous to Health Regulation 2002 (COSHH), concerning the risk from exposure to Legionella bacteria. In particular it gives guidance on Section 2, 3, 4 and 6 (as amended by the Consumer Protection Act 1987) of HASAWA, and Regulations 6, 7, 8, 9 and 12 of COSHH. The Code also gives guidance on compliance with the relevant parts of the Management of Health and Safety at Work Regulations 1999). Renfrewshire will adopt the principles of control and management identified in the Health and Safety Executive (HSE) publication: Approved Code of Practice and Guidance (ACoP) document ‘The Control of Legionella bacteria in Water Systems (ACoP L8)’ and the supporting guidance document, HSG 274 Part 2: the control of legionella bacteria in hot and cold-water systems.
Page 11
Water Safety Policy 7 Full list is: Housing Scotland Act 2006 The Tolerable Standard (under the Housing (Scotland) Act 2006) Water Supply (Water Quality) (Scotland) Regulations 2016 The Water Supply (Water Fittings) (Scotland) Byelaws 2014 INDG458 - Legionnaires’ disease: A brief guide for duty holders BS 8580-1:2019 Water Quality – Risk assessments for legionella control. Code of practice Building Standards (Scotland) Regulations 2014 Right to Repair Regulations (under the Housing (Scotland) Act 2006) Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR 2013) The Workplace (Health, Safety & Welfare) Regulations 1992 Construction, (Design and Management) Regulations 2015 Scottish Health Technical Memorandum 04-01 Scottish Housing Regulator’s (SHR) Regulatory Standards Ensuring the safety of tenants, residents, staff, contractors, and visitors is essential. Failure to meet statutory, legislative, or regulatory responsibilities may result in: Legal action by the Health and Safety Executive under HASAWA 1974 Prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 Regulatory scrutiny and potential findings of serious detriment by the SHR Reputational damage to the Council and its staff Loss of stakeholder confidence in the organisation
Page 12
Water Safety Policy 8 4. Policy To comply with statutory, legal, and regulatory standards—and to ensure the safety of tenants, residents, employees, contractors, and visitors—Renfrewshire will undertake the following commitments: Establish and maintain clear lines of responsibility for water safety management, supported by written guidance in the Water Safety Management Plan. Implement a consistent process for gaining access to properties to conduct water safety checks, including legal enforcement where necessary. Use available customer data (e.g., disability, vulnerability, local connections) to support access efforts. Conduct regular reviews of existing properties and assess risks in new stock through desktop evaluations to identify high-risk properties. Carry out Legionella Risk Assessments (LRAs) for properties with communal stored water systems or identified risks. Remove communal storage tanks and associated pipework where all dwellings are supplied directly from the mains water supply. Apply a risk-based approach to determine the frequency of future LRAs, as assessed by a competent person. Establish a Water Safety Management and Monitoring Programme based on LRA findings. Include a sample of domestic properties without LRAs in an annual assessment programme to evaluate risk and take necessary action. Access and inspect all domestic properties on a program. Flush and disinfect or replace shower heads and hoses in void properties, and sheltered housing properties. Install Thermostatic Mixer Valves (TMVs) to reduce the risk of scalding, as outlined in the Water Safety Management Plan. The Thermostatic Mixing Valve (TMV’s) shall be maintained as per the risk assessment. Remove lead pipework from housing stock when identified.
Page 13
Water Safety Policy 9 Maintain unadopted water systems to the standards defined in the Water Safety Management Plan. 5. Process To ensure effective implementation of water safety measures, Renfrewshire will: Define clear responsibilities for managing water safety, supported by written procedures outlined in the Water Safety Management Plan. Establish a consistent access process to carry out water safety checks in properties. This includes: Engaging with tenants and residents to gain access. Taking legal action where necessary to ensure compliance. Use customer data (e.g. disability, vulnerability, local connections) to support access efforts and tailor engagement strategies. 6. Delivery To ensure effective implementation of water safety measures across the housing stock, Renfrewshire will: Review and assess risk Carry out a desk top Risk Assessment on all blocks and domestic property and characterise them as either Higher, Medium or Low risk. In both existing and new properties through desktop evaluations to identify those at potential high risk of Legionella. Conducting Site Legionella Risk Assessments (LRAs) for: Any properties flagged as medium and higher risk following the desktop review. Remove communal storage systems where all domestic dwellings are supplied directly from the mains water supply. This includes removing associated pipework. Full details are provided in the Water Safety Management Plan. Apply a risk-based approach to determine the frequency of future LRAs, as established by a competent person during the initial assessment.
Page 14
Water Safety Policy 10 Establish a Water Safety Management and Monitoring Programme based on LRA findings. Include a sample of domestic properties without LRAs in an ongoing annual programme to assess risk and ensure no exposure to Legionella bacteria. Manage void properties by: Isolating water systems for the duration of the void. Disinfecting or replacing shower heads and hoses. Install Thermostatic Mixer Valves (TMVs) to reduce the risk of scalding, as outlined in the Water Safety Management Plan. The TMV’s shall be maintained as per the risk assessment and manufacturer’s instructions. Remove lead pipework from the housing stock when identified. Maintain unadopted water systems to the standards defined in the Water Safety Management Plan. 7. Contractors Competency To ensure that all water safety-related work is carried out to the highest standards, Housing Services will: Engage only qualified contractors: All Legionella and water treatment contractors must be registered with, the Legionella Control Association. Ensure contractor competence: Trained and competent contractors must undertake all water safety-related works. A formal competence assessment will be conducted based on the nature of the work to be performed. Conduct regular reviews: Contractor competencies will be assessed: Annually, or At the point of contract renewal or change of contractor. These requirements are further detailed in the Water Safety Management Plan. 8. Internal Competency To ensure that all staff involved in water safety are appropriately skilled and knowledgeable, Renfrewshire will:
Page 15
Water Safety Policy 11 Maintain a Skills and Training Matrix through the Individual Development Plan (IDP) process. Ensure all staff in key roles related to this policy receive appropriate and up- to-date training relevant to their responsibilities. This approach supports continuous professional development and ensures that internal teams are competent to deliver water safety obligations effectively. 9. Data To ensure accurate record-keeping and effective monitoring of water safety compliance, Renfrewshire will: Maintain a Master Database of all properties where Housing has responsibility for water safety checks and maintenance. Record detailed system information for each relevant property, including: The presence or absence of water systems and appliances within the scope of this policy. The organisation’s responsibilities for each system or appliance. Store maintenance records electronically within the Master Database or another designated system, as specified in the Water Safety Management Plan. In some cases, hard copies may be kept on-site, and these instances will also be documented in the Plan. Retain all water safety data and test certification for a minimum of five years. Document evidence where a water safety requirement does not apply to a property. 10. Assurance To ensure ongoing compliance and quality in water safety management, Renfrewshire will: Ensure all personnel involved in water safety are properly trained and accredited for their roles. Conduct quality assurance and control (QA/QC) activities, including:
Page 16
Water Safety Policy 12 Verification of certification. Post-inspection of on-site works. A proportion of these checks will be carried out by an independent third party to ensure impartiality. Monitor performance utilising key performance Indicators (KPI’s). Establish a review timetable for both the Water Safety Policy and the associated Water Safety Management Plan to ensure they remain current and effective. 11. Communication To support compliance and foster cooperation from residents and stakeholders, Renfrewshire will: Encourage customer engagement by providing clear and accessible information about the importance of water safety. Distribute publicity materials to promote awareness and cooperation, including: Access for water safety checks Scheduled inspections Required remedial works Use multiple communication channels, such as: Tenant newsletters Council website updates On-site notices Direct correspondence (letters, emails, or texts) This proactive communication approach aims to build trust, improve access rates, and ensure that all parties understand their role in maintaining water safety. 12. Implementation To ensure effective rollout and operational delivery of water safety measures, Renfrewshire will: Activate this policy from the date of approval by the CHAPS Policy Board.
Page 17
Water Safety Policy 13 Inform staff through priority training sessions, ensuring they understand the policy’s requirements and their roles in its implementation. Make the policy accessible by: Uploading it to the Renfrewshire Council intranet. Publishing it on the Renfrewshire Council website. Align this policy with the Housing Landlord Compliance Strategy and the Water Safety Management Plan to ensure consistency across all compliance activities. Provide appropriate training for all staff involved in delivering and implementing water safety obligations under this policy. 13. Consultation This policy is based on statutory, legislative, and regulatory requirements. As such, formal consultation with customers has not been undertaken. However, internal consultation has taken place with relevant teams within Renfrewshire to ensure the policy is practical, aligned with operational needs, and compliant with legal obligations. 14. Equality Analysis (EIA) We believe all people should be treated with dignity and respect, regardless of: Age Disability Gender Gender reassignment Race Religion or belief Pregnancy and maternity Marriage and civil partnership Sexual orientation Association with someone with any of these characteristics Perception of having any of these characteristics An Equality Impact Assessment (EIA) was undertaken to evaluate the likely or actual effects of this policy. This included:
Page 18
Water Safety Policy 14 Identifying areas where the policy will have a positive impact. Highlighting opportunities to further promote equality. Recognising any potential negative impacts and outlining actions to eliminate or mitigate them. For full details, please refer to the complete EIA document. 15. Monitoring Performance To ensure the effectiveness of water safety measures and maintain regulatory compliance, the following Key Performance Indicators (KPIs) will be subject to reporting: % of Priority Scheme Properties (against the total landlord requirement) with a valid Legionella Risk Assessment (LRA). % of General Needs Properties with a valid desktop risk assessment. % of Properties with a valid written scheme where a requirement has been identified. % of Properties within a Legionella maintenance regime where testing has been completed. % of Remedial Works completed within target timescales. Total number of outstanding and overdue remedial actions. Additional reporting will include: Commentary on properties with overdue assessments or actions, including: The date they became overdue. Number of days overdue. Their current status within the legal access process. Contextual commentary on the proportion of activities completed before and after their due dates. A detailed performance indicator suite will be defined in the Water Safety Management Plan. Quality Assurance (QA) activities will also be undertaken and reported, including: Internal audits Strategic reviews Independent third-party assurance
Page 19
Water Safety Policy 15 16. Positive Legionella Counts In the event a sample returns a positive count for the legionella bacteria between the values of 100cfu/l and 1000 cfu/l then the following actions will be taken: The LCA approved contractor will contact contract manager or named person and advise of the positive count and the value of that count. That person will then instruct a contractor to carry out the appropriate level of work to remove the bacteria. if the minority of samples are positive, the system should be resampled. If similar results are found again, a review of the control measures and risk assessment should be carried out to identify any remedial actions necessary or if the majority of samples are positive, the system may be colonised, albeit at a low level. An immediate review of the control measures and risk assessment should be carried out to identify any other remedial action required. Disinfection of the system should be considered. Where the value of the sample is greater than 1000cfu/l then: The system should be Disinfected and then resampled, and an immediate review of the control measures and risk assessment carried out to identify any remedial actions, including possible disinfection of the system. Retesting should take place a few days after disinfection and at frequent intervals afterwards until a satisfactory level of control is achieved. In the event the bacteria count is extremely high, or the lab has an extremely high presumption count the LCA approved contractor would immediately contact the named person, phone, and advise of the predicted value. In this event senior staff would be advise of the count, site location and what actions are recommended. The site would be immediately notified and instructed what to do. An instruction would be issued to carry out urgent remedial works (full Clean and Disinfection of the site (chemical), Pasteurisation of hot water and all outlets, calorifiers (thermal)) an investigation as to how and why the bacterial count managed to infect and grow in the system would also take place. 17. Emergency Actions In the event of an outbreak or suspected outbreak the HSE will liaise with the council’s Civil Contingencies team who have a separate set of procedures to be followed.
Page 20
Water Safety Policy 16 An outbreak is defined as two or more cases where the onset of illness is closely linked in time (weeks rather than months) and where there is epidemiological evidence of a common source of infection, with or without microbiological evidence. 18. Policy Review This policy will be reviewed every 36 months, or earlier if required based on findings from performance monitoring, legislative changes, or operational needs. The review process will ensure that: The policy remains aligned with current legislation and best practice. Operational procedures continue to be effective and relevant. Feedback from audits, inspections, and internal reviews is incorporated. Any amendments will be documented in the Amendment Log/Version Control section of this policy. 19. Amendment Log / Version Control Date of Revision Record of Amendments Reason for Revision By Whom (Name and Title) 12/04/21 Original Policy N/A Karen Sillars 06/02/24 Update of regulations and responsible persons Review due as per policy Karen Sillars 17/07/25 Update of regulations and responsible persons/ external audit Policy Revision and seeking Board approval Gary Harris Statutory Compliance Manager (Housing)
Page 21
17 Environment, Housing and Infrastructure Renfrewshire Council Renfrewshire House Cotton Street Paisley PA1 1BR