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Access for the disabled into
business premises ADDRESSING THE ISSUES |
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An important part of the Disability
Discrimination Act came into force on Friday 1 October
2004 which will impact upon every business operating from premises
which are open to the general public.
The purpose of the Act is to make services more easily accessible by disabled people. A Service Provider can be anyone who offers a service to the general public, and includes providers of professional services as well as retailers and non-profit making service providers such as libraries and advice centres. The requirements under the Act for businesses to make their premises accessible to disabled people are wide reaching. Failure to comply with the Act can lead to businesses facing heavy fines. Reasonable Adjustments to Premises Physical barriers can include, stairs,
toilets, steps lifts and doorways and the Service Provider will have to
take reasonable measures to remove or alter such obstacles. This can mean possibly widening doorways, installing ramps, installing or adjusting lifts, relocating switches door bells and door handles as well as creating disabled toilet facilities. Landlord’s Consent It will be appreciated that many of the adjustments necessary under the Act may require major physical alterations to the premises. For example it may not be possible to simply widen a door to a shop without rebuilding the entire shop front. Apart from the cost of such works which will have to be borne by the Service Provider, if the premises are subject to a lease then the Service Provider tenant will inevitably have to seek its landlord’s permission to carry out the necessary works. Obviously the landlord’s consent to the carrying out of any work is crucial. If you carry out work without the landlord’s consent then you will be in breach of your lease and liable to the consequences of such a breach which may include the risk of forfeiture, but if you do not carry out work to comply with the Act then you may find yourself being in breach of the Act itself. |
Before starting any work it is important to look at the lease to see what
may and may not be permitted and whether the proposed works need the landlord’s
consent. Not all works need the landlord’s consent, particularly
if they are of a non-structural nature. However, major works involving
structural alterations will almost certainly require the landlord’s
permission.
How to Obtain the Landlord’s Consent. Once you have established that the landlord’s consent is required, it is essential to approach the landlord to request his consent. Most landlords will require a formal licence to be entered into permitting the tenant to carry out the work, but will impose conditions regarding the standard of work and the payment of the landlord’s fees for his professional advisers. Landlords will often insist that drawings of the plans are prepared and in respect of major works that a specification is also prepared.
This will depend on the terms of the lease. The lease itself may say that the landlord cannot unreasonably withhold its consent in which case, providing the proposed works will not affect the value of the landlord’s reversionary interest in the building, it cannot refuse its consent. In most cases a lease will require the tenant to comply with relevant legislation, and to refuse consent for works that are necessary to comply with the Disability Discrimination Act would be unreasonable. However, if the lease says nothing, then the landlord can refuse its consent no matter how unreasonable its decision may be and may charge a premium for granting its consent. What Other Consents Will I need For major works Building Regulation Consent may be needed, and consideration should also be given whether Planning Consent or Listed Building Consent may be needed. In addition, if the work will involve constructing a ramp from the street, the permission of the Local Highway Authority may be needed. Conclusion It is imperative that you comply with the Disability Discrimination Act, to do so you need to consider what works are needed to be carried out to bring you into compliance with the Act. Expert advice may be required to assist you in deciding what would reasonably be required. Once you have determined that you must look to see what consents may be needed. Again expert advice will almost certainly be beneficial. |
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