Changes to disability legislation mean that all public buildings now have to become much friendlier to the 11.5 million Britons with disabilities. This news item attempts to explain what you are required to do in order to comply with the law.

What are the laws and codes of practice which must be followed?  

The Disability Discrimination Act 1995 (DDA)

This is the primary law. It makes it illegal to discriminate against people with disabilities. Part III is the section which deals with access to public buildings and residential accommodation. The Act does not go into specifics, but rather it sets out general duties and obligations which must be fulfilled.

BS 8300: 2001

This is a Code of Practice. It gives detailed recommendations on how to design a building to make it accessible to the disabled. The standard does not have the force of law itself, but following it should ensure that you meet your legal obligations under the DDA.

Building Regulations

Part M is currently being revised to incorporate the requirements of BS 8300.

When do the rules come into effect?

Most of the DDA is already in effect. However, because redesigning and refurbishing existing buildings takes time and money, organisations were given a 9-year period of grace to get their house in order. That time period is nearly over. From October 2004, all public buildings – existing as well as new – must comply with the requirements. If you haven't started making changes yet, now is the time to start.

How will the rules be enforced?

The main method will be civil action through the county courts. If a disabled person is unable to gain access to or circulate through your  building, they will be able to sue you for damages. The DDA makes clear that the court will be able to impose punitive damages for "emotional distress" as well as any actual loss caused.

There is also a watchdog organisation, the Disability Rights Commission (DRC), set up by the Government in 2000. It has the power to conduct formal investigations and serve nondiscrimination notices, and it can provide advice and financial support to individuals seeking to take legal action.

What types of buildings do the rules apply to?

Any premises that are open to the public.(Separate sections of the law also apply to places of work and housing)

"Among the services which are covered are those provided to the public by local councils, Government departments and agencies, the  emergency services, charities, voluntary organisations, hotels, restaurants, pubs, post offices, banks, building societies, solicitors, accountants, telecommunications and broadcasting organisations, public utilities (such as gas, electricity and water suppliers), national parks, sports stadia, leisure centres, advice agencies, theatres, cinemas, hairdressers, shops, market stalls, petrol stations, telesales businesses, places of worship, courts, hospitals and clinics." (from the DRC Code of Practice)

What types of disability must I provide for?

The legislation has a very broad scope. Disability is defined as any "physical or mental impairment which has a substantial and long-term adverse effect" on a person’s day-to-day activities. It would be a mistake to think only in simplistic terms like "people in wheelchairs" – up to 11.5 million people in Britain (one person in five) are covered by the Act.

Is making changes to my premises obligatory?

If you can provide your service to disabled people in some other way, that would be acceptable. For example, you could create an alternative entrance route, or employ staff to give personal assistance to disabled customers. However, you may find that using products that provide accessibility to all is both cheaper in the long run, and makes a better impression on all your customers.

What specifically do I need to do next?

For a full explanation of the requirements of the laws and standards relating to door hardware, and ASSA’s recommended solutions, Contact our Projects Manager Ray Hughson.