Building Regulations -
The Disability Discrimination Act 1995
Part 3
The Section of the Disability Discrimination Act (DDA) requiring many building
users to address access issues on their premises, came into
force on 1 October 2004. This Act gives additional significance to the British
Standard BS 8300:2001, Access Statements and associated regulations.
 The
DDA in conjunction with the Building Regulations and other documentation is founded
on the principle of reasonableness. The size of premises
and the resources available to their users can therefore be taken into account if
particular premises are alleged to be deficient. "Inclusive designs" are
generally encouraged and these should increase the numbers of customers and potential
workers attracted to a firm or non-profit organisation.
The Part 3 requirements of the DDA impact two communities in particular. These
are "Service Providers" and "Employers".
Service Provision
Where an application submitted under the Building Regulations within the last
10 years, to which Part M was applicable, received approval, additional works
to the affected part of the premises are not obligatory until the expiry of that
ten-year transitional period. The current Building Regulations naturally cover
more issues than the previous editions of those regulations. Service providers
should now be implementing works in order to meet the new DDA
requirements. If it is alleged in the future that the premises contain unreasonable
barriers to access or internal movement, a phased and costed programme of works
yet to be undertaken might well be taken into account by anyone considering the
complaint.
Employment
Since 1st October 2004, any disabled worker has been entitled to ask their employer to make reasonable adjustments to the physical features of
a building to make that building, approaches, layout and fittings reasonably
accessible to meet the DDA. The building must then
be altered to meet the requirements, regardless of when any previous application had
received approval under the Building Regulations Part M.
The  Disability
Rights Commission (DRC) is able to help any individual or an employer of fewer
than 250 people. If you employ more than 250 staff, the DRC advise that you should
consult your own solicitor or legal department. The DRC can be found at:
- DRC Helpline,
Freepost MID 02164,
Stratford-Upon-Avon,
CV 37 9BR.
- Tel: 08457 622 633
- Fax: 08457 778 878
- E-mail: enquiry@drc-gb.org
The
Centre for Accessible Environments on  020
7357 8182 is another source of expertise; they can help you to find a suitably qualified
Access Auditor or consultant.
Companies might wish to join the Employers'
Forum on Disability to share their concerns and solutions with others:
We have a Building Control Officer who will be pleased to assist with any
specific enquiry and provide advice on how to comply with the provisions of this
Act. Mike Baker can be contacted on 020
8308 4815.
Legal Advice
The Disability Law Service is a national registered charity that provides free legal and confidential advice and a casework service for disabled adults, their families and carers.
Their mission is to challenge the inequality and poverty of disabled people by securing for them free and equal access to their legal rights and entitlements and they specialise and only give advice in these five areas of law:
- Consumer Contract/Disability Discrimination
- Community Care
- Education
- Employment
- Welfare Benefits
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