For anyone running a shop, restaurant, surgery, office open to the public or any other business that provides services, a new duty started on 1 October 2004. On that date, the final part of the service provider duties in Part 3 of the Disability Discrimination Act 1995 came into force. Service providers might now have to make reasonable adjustments to the physical features of their premises where those features make it impossible or unreasonably difficult for disabled people to use the service.
What changed
Since 1999 service providers had had to change policies and practices and offer help or alternative ways of providing a service. The new stage went further. Where a physical feature was the barrier, the provider had to take reasonable steps to:
- remove the feature;
- alter it so that it no longer has that effect;
- provide a reasonable means of avoiding it; or
- provide the service by a reasonable alternative method.
Physical features include steps, narrow doorways, heavy doors, poor signage and lighting, high counters and inaccessible toilets.
What is reasonable?
The Act does not set a fixed list of works. What is reasonable depends on the size and resources of the business, the cost and practicality of the change, and how effective it would be. A large retailer will be expected to do more than a small independent shop. Sometimes a simple change, such as a portable ramp, better signs or moving a service to the ground floor, will be enough.
Landlords, tenants and listed buildings
The duty falls on the service provider, which is often a tenant. Many leases restrict alterations, so tenants may need the landlord’s consent, and landlords should consider requests sensibly. Where the building is listed, listed building consent may be needed, and the design should balance access with the character of the building.
A practical approach
- Commission an access audit to identify the barriers.
- Prioritise the changes that make the biggest difference for reasonable cost.
- Combine access improvements with planned repairs and refits.
- Agree the works with the landlord and obtain any approvals before starting.
- Have the works properly specified and supervised.
See our Building Surveys and Defect Diagnosis and Contract Administration services, and how we later worked through two listed building consents within a single listed building.