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Mark Heighton - CMS Cameron McKenna
Online advisor - 3 posts
There are no clear cut answers with the DDA. The legislation is deliberately drafted so as to allow different approaches to be taken in respect of different buildings. However the key focus is on "service providers". The DDA does not distinguish between landlords and tenants.
The question you therefore need to ask in each case is which owner/occupier is a "service provider". In the case of a private residential block it is difficult to envisage that this is the case unless the developer is providing some form of marketing suite or show suite on the top floor.
In the case of live/work unit it is possible that members of the public are being invited into the workspace area. The DDA does not however prescribe that a lift must be installed. The occupier must look at what action he or she should take in order to ensure that his or her services are available to disabled people. This may or may not involve installation of a lift. As an example are there other ways the services can be made available to disabled people at ground floor level? The same applies to the office unit.
As John Carmichael points out there is also a partial defence in respect of service providers where a particular part of a building complied with Part M and still complies.
There are separate rules relating to employers' obligations to employees which may also be relevant
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Mark Heighton - CMS Cameron McKenna
Online advisor - 3 posts
There are a wide range of steps starting with auditing premises to assess physical barriers to the use of those premises through to staff training and internal procedures/policies.
The best starting point is to look at the Code of Practice published by the Disability Rights Commission which goes into considerable detail and contains a number of examples. You can find a copy on www.drc-gb.org/law/codes/asp
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Mark Heighton - CMS Cameron McKenna
Online advisor - 3 posts
The DDA doesn't specify any particular minimum dimensions. Have you looked at Part M of Building Regulations and/or BS8300 which focus on specific details in respect of different aspects of buildings.
Presumably you have looked at the building in the context of the overall DDA obligations which will apply from Oct 2004. The DDA does not override the need for listed building consent.
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