Accessibility compliance is not something property managers think about until it’s urgent, expensive, and full of caveats that don’t always seem that obvious at first.
The requirements to make buildings accessible are a lot stricter than they used to be, and they’re never going away. If you property manage shopping centres, office towers, and anything that might be purely or partly residential, there are compliance issues to be aware of. The challenge is knowing what is really required, and what is simply good practice.
What’s Legally Required
The main requirements for legal compliance are found in the Equality Act 2010. It is a longer piece of legislation than it seems. It doesn’t only cover the usual physical requirements you might think of, like ramps for wheelchairs. It relates to anything that could prevent an individual with a disability from accessing any service or feature that other people can freely access.
In terms of property management, this means the user journey through the building. Is it possible for someone with a mobility issue to progress from the parking area to an office on the third floor? Is it possible for someone with impaired vision to make their way through the common areas without getting lost and running into things? These are not just nice to have situations anymore; they’re the law.
The legislation doesn’t make the standard of making “reasonable adjustments” to comply anything close to straightforward. What would be considered a reasonable adjustment to comply with accessibility standards for a brand new office block is completely different to what’s reasonable for an old converted Victorian warehouse. The legislation takes into account the age and status of a building, the cost of any adjustments that are made to it, and whether or not this alters the character of the building.
When Lifts Are Required
If there is one area where accessibility compliance is both costly and non-negotiable, it’s with buildings that exceed a storey or two in height. It’s difficult to imagine how anyone with mobility challenges could navigate their way into the building.
For accessible public buildings and places of work, if there are any facilities or services available on an upper level that are not available on the ground floor, there has to be an accessible method of going up and down. This means that some kind of lift must be provided. Whether it’s a platform lift uk that builders can install inside almost any building, or whether it’s some kind of passenger lift will depend on the building and how it’s used.
The type of building that’s being managed does make a difference. In hotels, for example, an accessible way into any guest facilities that can be accessed by a lift has to be available on all floors. In offices, the requirement for compliance applies to both staff and visitors. In retail premises, if any customer facilities are available on an upper storey, an accessible way of getting to it has to be provided to all customers.
The Buildings That Are Hard To Place
Where property managers can really get caught out is in with buildings that don’t easily fit into one category or the other. An office block with half a dozen employees may not be anything like managing a block with dozens or hundreds of tenants, but there’s no doubt that some degree of compliance is required.
Listed buildings and buildings in conservation areas raise even more questions. The usual adjustments to the building’s structure that might enable compliance might not be legally permitted if they are perceived to alter the character of the building. This doesn’t mean that managers are exempt from compliance though; it just means that adjustments have to be made with something else in mind. Building retrofits like external platform lifts might provide can be used in these situations because the internal character of the building should not be disturbed.
Temporary measures won’t work either. If the only way anyone can be made to have access to a building is if someone carries them in and out of the building, this is not going to cut it when it comes to compliance with the legislation. Accessibility can’t depend on assistance; it has to be independent.
Where Properties Are Most Commonly Non-Compliant
The buildings that property managers most often find themselves managing that aren’t compliant with accessibility standards are those that were compliant when they were first built, but have since fallen behind updated legislation. A building that was compliant in the 1990s may have been accessible in every sense of the word. Legislation has changed the landscape.
Most property managers have common ground in making sure ground floors are compliant. Most will manage to install ramps and widen doorways and toilets without too much difficulty. The hassle usually starts when property managers try and make upper levels accessible.
One common instance of non-compliance is around extensions and renovations. When it comes to extensions and renovations, property managers experience all kinds of difficulties with compliance because it may mean compliance for old and new structures alike.
Planning for Compliance
If you inherit a non-compliant property, you will have your work cut out for you. Compliance with current accessibility legislation usually requires assessment first. This can lead to renovations. In the case of larger properties, this may even lead to significant structural work.
Depending on the property, the costs can run up into huge amounts or they can be minimal. The actual costs associated with compliance might require as little work as adding some handrails and better lighting. It could mean huge expenses if new lifts have to be added in buildings where there were none before.
Not complying with accessibility legislation comes with its own costs. Managing discrimination claims and legal challenges brought under the legislation can have challenges costs in their own right. Losing tenants who would otherwise have leased a property because of discrimination on the basis of their disability can be even more costly.
Savvy property managers aren’t waiting for tenants to ask about the costs of compliance; they’re factoring in routine maintenance updates around compliance costs to avoid nasty surprises later.
What Tenants & Insurance Companies Are Asking For
More tenants are asking about compliance issues before they sign leases. Corporates are looking for built environments for their staff that are complaint, whatever their individual disabilities might be, and they’re not messing around with properties where this might become an issue down the line.
Insurance is also raising potential issues around compliance. Some insurers want to see proof that public-facing buildings are compliant with access challenges.
The Practical Steps
Consider conducting an assessment around accessibility first. Get someone who knows the lay of the land when it comes to legislation as well as property modifications that may be required to become compliant with it.
Order your arrangements from most to least busy. This means working out which buildings need immediate attention and which, like an office, might take longer to sort out.
The regulations aren’t going to get any easier to manage in future. Properties with compliant access arrangements will always attract better tenants so consider this an investment in your building—not just a requirement.
