Here's a compliance task that's easy to miss because it only comes up once in a blue moon. If you have a wet cooling tower or an evaporative condenser on your premises, the law says your local authority needs to know about it. In writing.
It's a short form, it doesn't cost you much time, and it matters more than people think. We often find it's missing when we audit a site's records, usually because the tower was notified years ago by someone who's long since left, or never notified at all. Here's what you need to know.
The regulations in a nutshell
The rule comes from the Notification of Cooling Towers and Evaporative Condensers Regulations 1992. They apply to non-domestic premises and say that the person in control of the premises must notify the local authority, in writing, of any cooling towers and evaporative condensers on site.
You notify the local authority for the area where the premises are, even if your site is one where the Health and Safety Executive, rather than the council, is the enforcing authority for health and safety. Most councils have a standard form on their website, often in the environmental health section.
There's a narrow exception for a device that contains no water exposed to air and whose water and electricity supplies aren't connected. In plain terms, a tower that's been properly decommissioned and disconnected. If it's connected and could be run, it counts.
Why the council wants to know
This isn't paperwork for its own sake. When there's an outbreak of Legionnaires' disease, one of the first things investigators do is look for wet cooling systems in the area, because towers can spread contaminated drift over a surprising distance. The register built from these notifications lets environmental health officers find every tower nearby quickly, check records and take samples.
If your tower isn't on that list, it can't be ruled in or out quickly, and the first contact you get from the council might be during an investigation. Not a great time to discover the paperwork was never sent.
What you'll usually need to provide
Forms vary a little between councils, but expect to give:
- The address of the premises where the devices are
- The name and contact details of the person in control of the premises
- How many cooling towers and evaporative condensers there are
- Where they are on the site, for example rooftop, plant compound or which building
It's a good idea to keep a copy of what you sent, along with any acknowledgement, in your log book. That way anyone picking up the site later can see it was done.
When you need to notify again
Notification isn't a one-off forever. You'll need to update the local authority when:
- A new tower or condenser is installed. Notify before it's in use. This is easy to forget on a project where the M&E contractor hands over and moves on.
- A unit is permanently taken out of use. Tell the council when a notified device stops being a notifiable device, so the register stays accurate.
- The details change. For example, a change in who controls the premises, or a change in the number of units.
A unit that's switched off for winter but still connected is still a notifiable device. Seasonal shutdowns don't change your notification, though they do bring their own risks, which we cover in our shutdown and start-up service.
Picture a business that takes a lease on a building with two rooftop towers. The previous occupier notified them a decade ago, under their own name. The new occupier now controls the premises, so the council's record is out of date. A short updated notification puts that right and gives the council the correct contact if anything happens in the area.
What notification doesn't do
It's worth being clear on this, because we sometimes hear "we're registered with the council, so we're fine." Notifying the local authority:
- isn't an approval or a licence,
- doesn't mean anyone has inspected your system, and
- doesn't replace any of your other duties.
You still need a suitable and sufficient Legionella risk assessment and a written scheme under ACOP L8, a treatment programme, monitoring and cleaning in line with HSG274 Part 1, and records to prove it. Notification just makes sure the authorities know your system exists.
What about dry coolers and adiabatic units?
Dry air coolers that don't use water aren't cooling towers, so they're outside the scope of the regulations. Hybrid and adiabatic coolers are where it gets less clear-cut, because some designs spray or wet surfaces in ways that can create aerosol. If you're not sure whether a unit on your site counts, ask your local authority or get competent advice. Whatever the answer on notification, HSG274 Part 1 still expects the Legionella risk from any unit that creates spray to be assessed.
A quick checklist
- List every cooling tower and evaporative condenser on site, including standby and seasonal units.
- Check your records for a copy of the notification to the local authority.
- If you can't find one, or the details are out of date, contact the council and submit a fresh notification.
- File the copy and any acknowledgement in your log book.
- Add "notify the council" to your project checklist for any new installation or decommissioning.
If you'd like us to check your records while we're looking at the rest of your compliance, we're happy to. It's one of the first things we look for when we take on a site.
Want us to check your compliance records?
We'll look through your log book, notification, risk assessment and written scheme and tell you plainly what's missing.