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Water Safety Policy

4. Regulatory standards, legislation and approved codes of practice

4.1  Regulatory Standards 

Regulatory standards for landlords (opens new window) - We must ensure we comply with the Regulator of Social Housing's regulatory framework and consumer standards for social housing in England.  The new consumer standards were introduced on 1 April 2024 and detail the four consumer standards which landlords are required to comply with, including:

The Safety and Quality Standard (opens new window) - which requires landlords to provide safe and good quality homes and landlord services to tenants. This includes stock quality; decency; health and safety; repairs, maintenance, and planned improvements; and adaptations.

The Transparency, Influence and Accountability Standard (opens new window) - which requires landlords to be open with tenants and treat them with fairness and respect so that tenants can access services, raise complaints when necessary, influence decision making and hold their landlord to account. This standard incorporates Tenant Satisfaction Measure (TSM) requirements.

The Neighbourhood and Community Standard (opens new window) - which requires landlords to engage with other relevant parties so that tenants can live in safe and well-maintained neighbourhoods and feel safe in their homes.

The Tenancy Standard (opens new window)- which sets requirements for the fair allocation and letting of homes and for how those tenancies are managed and ended by landlords.

The Social Housing Regulations Act 2023 (opens new window) will change the way social housing is regulated and may result in future changes to this policy.

4.2    Legislation

The principal legislation applicable to this policy is as follows:

Health and Safety at Work Act 1974 (opens new window)

The Management of Health and Safety at Work Regulations 1999 (opens new window)

Control of Substances Hazardous to Health Regulations (as amended) 2002 (COSHH) (opens new window)

This policy also operates within the context of additional legislation (see Appendix 1).

4.3    Approved Code of Practice (ACoP)

The principal ACoP applicable to this policy is:

  • ACoP L8 - Legionnaires' disease: The control of legionella bacteria in water systems (4th edition 2013).

4.4    Guidance

The principal guidance applicable to this policy is as follows:

  • HSG274 - Legionnaires' disease: Technical guidance Part 1: The control of legionella bacteria in evaporative cooling systems (2013).
  • HSG274 - Legionnaires' disease: Technical guidance Part 2: The control of legionella bacteria in hot and cold-water systems (2014).
  • HSG274 - Legionnaires' disease: Technical guidance Part 3: The control of legionella bacteria in other risk systems (2013).
  • INDG458 - Legionnaires' disease: A brief guide for duty holders (2012).
  • BS 8580-1:2019 Water quality, risk assessments for Legionella control - Code of practice.

4.5    Sanctions

Failure to discharge our responsibilities and obligations properly could lead to sanctions, including prosecution by the Health and Safety Executive (the HSE) under the Health and Safety at Work Act 1974 (opens new window); prosecution under the COSHH Regulations; prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 (opens new window); and via a regulatory notice from the Regulator of Social Housing.