Disability Discrimination Act 1995 -
The impact on Commercial Property

A report by John Gearing FRICS

A Revised Code of Practise comes into force on 1st October 2004 but is being issued now to give owners and occupiers time to adjust to overcome the physical barriers to access to services by the disabled.

The Code does not impose legal obligations but may be used in evidence in legal proceedings under the Act. This is the final stage of three stages introduced under the 1995 Act and will have direct impact on owners and occupiers of commercial property.

Since 2nd December 1996 employers have had a duty under Sec 6 of the Act to make reasonable adjustments to working practices and the workplace, to avoid disadvantage to disabled employees or job applicants. The Act particularly concerns "Service Providers" and in the property context, simply providing access to and use of a place where members of the public are permitted to enter is treated as providing a service. From 1st October service providers may have to make other reasonable adjustments in relation to the physical features on their premises to overcome physical barriers to access. This is a duty not just to specific disabled persons but also to disabled people as a whole. The Code recommends that access audits should be carried out now and any necessary works begun in advance of the 1st October 2004 deadline.

The service providers duty under Sec21 is to take such steps as are reasonable in all the circumstances. What is reasonable will depend on the circumstances of the case and will vary accordingly. The corridors of Courts are littered with examples of cases involving the interpretation of what is "Reasonable" and therefore no doubt the Courts will have a field day over this issue as well.

The potential issues arise in relation to the common parts of multi-let premises. As only the Landlord has the right to alter common parts of these type of premises it is not clear if Landlords are regarded as the "Service Providers" for the purposes of the Act. It terms of a Shopping Mall he may be but not necessarily in relation to an office area. There are a number of other contentious areas that need to be carefully considered. Will the alterations require planning and building regulation consent, Landlords consent for such alteration under a lease, reinstatement at the end of a lease, consent of superior Landlords and Listed Building Consent?

There are a number of facts that need to be carefully considered and there are by no means answers to all questions at the moment but as sure as day turns to night the 1st October 2004 will soon be upon us and is wise for all owners and occupiers to be prepared about the implementation of the final stage of a long awaited Act.

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