As the Act can impose both criminal and civil penalties, we suggest a ten-point guide to compliance:
- Read the Disability Discrimination Act 1995.
- Read the Disability Discrimination Act 1995 Code of Practice.
- Consult an Access Auditor and/or Consultant and/or Chartered Surveyor and Solicitor.
- Consider whether compliance may be effected by alteration of business practice rather than physical alteration to the building. It may be more cost effective.
- If negotiating a tenancy of a non-compliant building, obtain an indemnity from the landlord against the costs of any physical alterations to the property required by the Act.
- Develop a pro-active management strategy.
- If procuring works to comply with the Disability Discrimination Act 1995 consider how the Act interacts with Planning and Listed Building Legislation.
- Consider the provisions of the Act and related Codes of Practice before carrying out refurbishment, redevelopment or development.
- If a tenant under a lease ending shortly consider whether the lease requires the premises to be yielded up in a "tenantable condition". If so, seek advice as to whether the landlord may be able to enforce a claim for the costs of any physical alterations required to the property under the Disability Discrimination Act under that covenant.
- If a tenant in a non-compliant multi-let building consult the landlord regarding agreement and phasing of any necessary works to the structure or common parts.
Caveat: This guide is not a statement of the law and should not be construed as such.
Charles Scouller MSc BA (Hons) FRICS MEWI IRRV,
Director
LSM Partners