Legal advice: The DDA is now in force
What is the position for owners and occupiers of premises over suitable access for the disabled now the DDA is in force?
By Keith Miller of thePublican.com's team of legal experts from London solicitors Joelson Wilson.
The third and final part of the Disability Discrimination Act 1995 (DDA) came into force on Friday (October 1).
Rebecca Caws recently described relevant issues for employers, but this article deals with the position of owners and occupiers of premises.
This part of the Act applies to "service providers" where physical features make access to their services impossible or unreasonably difficult for disabled people. To clarify, service providers already have a duty to disabled people to make reasonable adjustments, such as providing extra help or making changes to the way they provide services, but now they may also have to make adjustments to the physical features of their premises.
You may have read worrying reports of businesses needing to spend millions to convert buildings to comply with the Act. Other voices have since been raised saying that much of that advice was suspect and the desired effect can often be achieved inexpensively.
It is the service provider and not the building who must comply with the Act. To take a simple example, if a service is being provided on the first floor of premises which disabled customers cannot access, why not find a way of providing that service on the ground floor? Proprietors of hotels, pubs and restaurants will almost certainly fall within the definition of service providers. Private clubs are not included, however, for the time being.
- What if your lease prohibits alterations?
Implied in any lease will be a tenant's right to carry out "reasonable adjustments" to comply with the Act, provided that the landlord's consent has been obtained - consent is not to be unreasonably withheld. This is similar to the position in relation to telecoms under the recently reviewed Communications Act 2003. If the landlord does not respond within 21 days, consent is deemed to have been refused. A court application for compensation can be made within six months.
What about shared entrances and corridors?
Where one or more of the tenants in a building is a service provider, the landlord will almost certainly be a service provider and will be obligated to make reasonable adjustments to the premises.
Your lease may say whether the landlord has the right to charge expenditure to the service charge account to recover this from its tenants. This is bound to lead to disputes, as tenants may question whether the work carried out was strictly necessary or if the lease actually gives the landlord the right to commission the work.
Licensing aspects
Alterations to the premises themselves may require the consent of the licensing justices and, after February 7, 2005, a variation of the premises licence held under the Licensing Act 2003.
Rights, not obligations
The DDA is about giving rights to the disabled, who can sue a service provider whose premises do not allow him or her access to services which able-bodied customers enjoy. It is not a set of obligations which some government body or council inspectors will enforce against property owners.
The code of practice can be viewed on www.drc-gb.org or via a link from www.disability.gov.uk. But be warned, it runs to 126 pages!
