New Legionella Legislation for Holiday Lets in Scotland

Under the new legislation, all holiday lets in Scotland are now legally required to have a Legionella risk assessment before a council can issue a license. In this article, we outline what qualifies as a holiday let in Scotland and explain the necessary steps to comply with Legionella regulations.

At Guardian Hygiene Services, we stay up-to-date with legislative changes and are well-equipped to provide tailored advice on adhering to Legionella guidelines. If you are uncertain whether your short-term rental qualifies as a holiday let or need guidance on meeting the new legal requirements, our specialist advisors are here to help. Feel free to contact us for more information.

What Does Legislation for Scottish Holiday Lets Cover?

In Scotland, it is a legal requirement to carry out a Legionella risk assessment on your property, ensuring that your water and filtration systems are safe for human use and human consumption. This applies whether or not your holiday home has a private water supply.

Previously, a Legionella risk assessment was not a legal requirement before applying for a short-let property license in Scotland; however, it now is.

What Counts as a Holiday Let in Scotland?

A property is classified as a holiday let if it is furnished and available for at least 210 days a year. It falls into one of four short-term let categories that require a license:

Home sharing: Renting out part or all of your home while you are still living there.
Home Letting: Renting out part or all of your home while you are away, such as on holiday.
Secondary Letting: A property you do not normally live in, such as a dedicated holiday let or a second home.
Home Letting and Home Sharing: Letting out part or all of your home both while you are living there and while you are away.

If you are planning to offer a short-term lease in Scotland, you should consult your local council housing department to determine the next steps. The Scottish Government provides an online tool to check what type of license you need to apply for.

Why Are Legionella Risk Assessments Needed for Holiday Lets?

The new legislation aligns with the Health and Safety Executive’s Health and Safety at Work Act 1974, which stipulates that all landlords or those in control of premises must ensure that water systems are protected from Legionella bacteria.

Legionella bacteria can proliferate in hot and cold water systems, potentially leading to the release of contaminated water in the form of aerosols. Inhaling these aerosols can cause severe lung infections, including Legionnaires’ disease, a potentially fatal form of pneumonia.

If you operate a holiday let in Scotland or plan to start one, you must assess your water systems for Legionella risks and take steps to prevent bacterial growth.

What water systems can Legionella affect?

Legionella can easily proliferate in any hot and cold water system, whether natural or artificial. Conditions that promote its growth to harmful levels include:

Temperature: Water consistently between 20 and 45 degrees Celsius provides an ideal environment for Legionella. This can affect cold water storage tanks during warmer months.
Stagnancy: Water that is not regularly flushed is at risk of Legionella growth. This is particularly relevant for holiday lets that may be unoccupied for extended periods. A proper Legionella control scheme is essential.
Habitat: Water sources that accumulate limescale, sediment, and bacteria offer a nourishing environment for Legionella.

What does a Legionella risk assessment involve?

A Legionella risk assessment includes both physical and administrative checks to identify any risks in your water systems that could allow Legionella bacteria to proliferate and be released via aerosol.

These assessments must be conducted in accordance with government documents ACOP L8 and HSG 274, which require them to be carried out by a competent person with the necessary skills and knowledge. This includes knowing where to take crucial temperature checks and identifying points in your water system that may release aerosols.

For a thorough and accurate risk assessment, it is advisable to engage Legionella professionals who can ensure that all aspects of your holiday plan are properly addressed.

Is your Scottish holiday legally compliant?

To ensure full compliance with the new legislation, consider employing Guardian Hygiene Services. With memberships and accreditations from CHAS, Constructionline, SafeContractor, and the Legionella Control Association, we are trusted experts in Legionella risk assessment. Our services will help secure the long-term safety of your holiday and prevent legal issues related to non-compliance.