Derek Butler Architectural Design Services, based in Torbay, Devon, are able to offer architectural services across the South West.

Most Owners and Managers by now have heard about Part III of the Disabled Discrimination Act 1995 (DDA) that came into effect in October 2004, but there is still confusion as to who and how it will effect those in the business.

This isn’t an issue that can simply be ignored or put off until September of 2004. The law will affect all service providers and expects owners and managers to use the long lead-in time to prepare for compliance with the new requirements. This article cannot hope to answer all questions relating to the new legislation but will help to highlight some of the most frequently asked questions and misconceptions.

What is the Disabled Discrimination Act 1995?

The DDA was first introduced to prevent discrimination of disabled persons. Since its introduction it has been illegal to discriminate or refuse to provide a service to anyone on the grounds of his or her disability. This is the essence of part one of the DDA.

Part II of the regulations relates to employment of disabled persons. Introduced in December 1996 it applies to all companies and imposes obligations to make reasonable adjustments to accommodate the needs of a disabled employees.

The third and final part of the regulation was also introduced in 1996 but did not fully come into effect until October 2004. By now all service providers are required to remove all obstacles that may prevent a disabled person from using their services.

Who are these disabled persons?

In the act disabled persons are defined as ‘someone with a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out day to day activities.’ This includes persons with disabilities such as mobility; manual dexterity; physical coordination; continence; lifting carrying or moving objects; speech, hearing, or eyesight; memory, concentration, learning or understanding; or recognition of physical danger.

The type of disability you experience most as a business will in turn influence your targeting of resources to provide the most assistance to as many disabled persons as possible.

I’m only a small shop; surely it does not apply to me?

The law applies to anyone providing a service, weather a multinational hotel chain or a sole practitioner offering an accountancy service. The key to what is expected is the wording within the DDA ‘reasonable adjustment of physical features.’

Criteria that will effect what is deemed reasonable by the courts includes the type of service provided, the nature of the service provider and the effect of change on disabled customers. All of us can take steps to improve our establishments for disabled clients, often at very little cost. Simply improving lighting and providing written material in large type can dramatically improve facilities for a person with impaired eyesight. What will not be acceptable by the courts is to do nothing.

What should I do?

The first step is to carry out or commission an access survey. This will highlight areas of concern within the establishment and look into ways of overcoming such problems. This should ideally be carried out by someone with knowledge of building construction, who will be able to offer practical solutions to physical problems. However there is plenty of information available through the Disability Rights Commission (www.drc-gb.org) and other disabled interest groups that can help highlight areas that need to be looked into.

The next stage is to use the access survey to draw up an access plan that will layout the steps required together with a timetable for adjustments required to meet your obligations by the 2004 deadline. The earlier these two stages are carried out, the more likely it will be that alterations can be worked into the regular maintenance or existing planned renovations.

Before any alterations are carried out it is essential to contact a building professional, such as an Architect or Building Surveyor who has a working knowledge of the DDA regulations. It is important to note that all businesses require planning consent for any external alterations. There may also be requirements for Building Regulation, Listed Building and Licensing consents.

When do I need to start?

If you haven’t already started looking into the alterations required, it is essential to start as soon as possible. Arranging building work for your business can be a slow process. An access survey will typically take 2-4 weeks to arrange and this has to then be used to produce an Access Plan. Government guidelines for handling planning and building regulation applications are set at 8 weeks but can often extend beyond that. Add to this 4-12 weeks to find a builder and get them on site and the time required to carry out the work and you could be looking at a lead in of six months.  Therefore it is important to be seen to be taking positive steps now as well as planning for the future.

What alterations are required?

The adjustments required to your establishment will depend on many different factors. Areas take into account are the size of establishments; available funding; type of service provided; the effect of alterations on disabled persons; practicality of adjustments; extent of disruption and amount of money already spent on adjustments. Only a court can decide what is acceptable but the key wording in the regulations is ‘reasonable adjustment of physical features’.

I’m still unsure. Who can help?

There is lots of information available on the Internet along with booklets and advice available from the Disability Rights Commission.  More specifically tailored advice can be obtained from Architects and Surveyors (We are surveyors and architectural designers) who have undertaken specialist training in the requirements of the DDA 1995. Many such local professionals, like myself, will offer a free initial consultation to discuss your needs and requirements, along with fixed priced access audits and design work for changes required to overcome specific concerns.