Building Tenure

Leased-in Building

Where buildings are not owned or maintained by Buckinghamshire Council, but their use is under the control of officers employed by the Authority, (e.g. office building, Group Home, Leisure Centres), the Head of Property Services will undertake the following:

• Obtain from the owner of the building a copy of the water risk assessment and the risk management procedures in place.

• Assess whether the management of Legionella risk complies with Council standards.

• Ensure that Service Areas whose employees are in control of such buildings are made aware of the management procedures in place and their part in that procedure, where applicable.

Service Areas in control of buildings which are hired/leased-in will be responsible for ensuring the Property Team is notified of any currently hired or leased buildings or any changes to the building portfolio.  Where the terms of any hiring agreement or lease require clarification as to the Service Areas responsibilities the Head of Strategic Assets will carry this out with legal support where necessary.

Where the building owner has inadequate or no Legionella control procedures in place, or where BC is responsible for the maintenance of the property, the Service Area will be responsible for appointing appropriate staff to the roles required under this policy to manage the controls imposed by BC. Where the survey information is inadequate or missing, then the Head of Property Services will ensure adequate surveys take place. With this information Service Areas should ensure that Officers in charge of hired/leased buildings are fully conversant with this policy and procedures.

Where the landlord retains maintenance responsibilities for common/shared areas, the landlord retains responsibility for the management of Legionella in those areas.

Where shared use of a building occurs, the principal/major user will be responsible for the management of the Legionella for that site, and for ensuring all other users are aware of and comply with this policy’s requirements.

Leased-out buildings

Where buildings are owned but not used or occupied by the Council, the body responsible for implementing this policy (the occupier) shall be identified by the terms of the lease/tenancy or similar agreement.

Agricultural Estate

In the case of the Agricultural Estate, the Council will, through its external Consultants and Managing Agents, implement this policy by surveying all buildings, including those owned by the tenant, and producing a management plan for each farm or holding. This management plan will only apply to buildings owned by the Council.

Buildings Owned by Tenants

With regard to subsidiary buildings owned by the agricultural tenant, the results of the surveys will be forwarded to the tenant with a covering letter drawing the tenant’s attention to the aforementioned regulations and reminding the tenant of the obligations contained therein.

Investment Properties

  The Council’s Investment Properties comprise a mix of single tenanted and multi-tenanted investments. Where properties are single let the body responsible for implementing this policy (the occupier) shall be identified by the terms of the lease/tenancy or similar agreement.  Where properties are multi-tenanted the Council will implement this policy via retained managing agents under the control of the Head of Strategic Assets.