Who Is the Responsible Person? (And Why That Title Carries Real Legal Weight)

In facilities management, the title “Responsible Person” sounds simple enough. But don’t let that modest title fool you—this is one of the most important legal roles in your building’s compliance and safety operations.

At Swiftclean, we often hear the same misconception: “We’ve hired a specialist, so they’re now responsible for compliance.”

Unfortunately, that’s not how it works.

You Can Appoint a Specialist, But You Can’t Delegate Responsibility

Whether you’re dealing with Legionella control or kitchen extract cleaning, hiring an external service provider is essential—but it doesn’t remove your legal duty. The law is clear: the legal responsibility remains with the building owner, facilities manager, or premises operator—in other words, the Responsible Person.

This is the person who must ensure that systems are compliant, that preventative measures are in place, and that records are kept up to date. Even if your service provider performs their tasks perfectly, the ultimate responsibility still sits with you.

Legionella Control: Know Your Duties

Legionella bacteria can cause serious illness, including Legionnaires’ disease—a potentially fatal condition. If you’re a landlord, business owner, or facilities manager, you are required by law to:

Identify and assess risks within your water systems

Implement appropriate control measures

Maintain accurate and detailed records

Ensure regular testing and updates to your risk assessments

If you’ve just taken over as the new Responsible Person, it’s your duty to initiate a new or updated Legionella risk assessment, in line with the Health & Safety Executive’s ACoP L8 guidance.

Should an outbreak occur, the Responsible Person is the first to be held legally accountable. However, if your documentation shows that you’ve taken all reasonable steps to prevent the spread of Legionella, you’ll have a strong legal defence.

Key Tip: Always keep before-and-after photos of any cleaning or maintenance work. This visual evidence is invaluable.

Kitchen Extract Systems: TR19® Grease Isn’t Optional

Fire risk is another area where compliance is critical—and often overlooked. Grease buildup in kitchen extract systems is a leading cause of commercial kitchen fires.

As the Responsible Person under fire safety legislation, you must ensure your kitchen extract system is cleaned regularly and in accordance with TR19® Grease, the industry specification issued by the Building Engineering Services Association (BESA).

This includes:

Canopies

Filters

Ductwork

Risers

Fans

Cleaning frequency depends on usage, and TR19® Grease provides clear guidelines. Insurance companies are also taking notice—some may refuse to pay out after a fire if your system isn’t TR19® compliant.

Hiring a member of BESA’s Vent Hygiene Register (VHR) ensures your cleans are certified by BESCA, including before-and-after photos for every asset cleaned. Again, this documentation is a vital layer of legal protection.

Compliance Is a Shared Responsibility—But It Starts With You

While your chosen service provider is responsible for delivering competent and professional service, you remain legally accountable for ensuring your premises meet all required standards.

You can’t pass the buck—but you can (and should) share it with the right people.

By choosing accredited experts—like LCA members for Legionella control or BESA VHR members for kitchen duct cleaning—you build a compliance partnership backed by documentation, professional standards, and peace of mind.

Final Thought

Being the Responsible Person is more than a title—it’s a legal commitment to health and safety. But you’re not alone. With the right partners, clear procedures, and robust documentation, you can fulfil your duties confidently and protect both your people and your organisation.

Still unsure about your responsibilities? Swiftclean’s experts are here to help you navigate compliance the smart way.

Did you know? We run a Highfield-accredited online training course for Legionella Control for Responsible Persons

Read more and book via this link www.swiftclean.co.uk/legionella-rp-training-course/

Who Is the Responsible Person? (And Why That Title Carries Real Legal Weight)