The Disability Discrimination Act came into effect last month and a solicitor says courts will be itching to make an example of wealthy building owners to test how much they have to do to provide access for the disabled.
The DDA says owners have to take 鈥渞easonable鈥 means to ensure no one is cut off from their services, but James Foster, head of the construction law team at Lawrence Graham LLP, wonders how reasonable is reasonable.
鈥淭here are no clues in the Act as to the meaning of 鈥榬easonable鈥, in determining whether a service provider has made a reasonable adjustment to their premises,鈥 he says. 鈥淭here is also no clarification in the law as to what kind of expenditure would be 鈥榬easonable鈥, but we can presume that those developers or landowners with more to spend on making adjustments are at greater risk of being held to the test.
鈥淭he Commission has clearly indicated they will be looking to test this new law at the earliest possible opportunity. They will be looking for an example, and I expect that those developers and landowners with the greatest financial means to make the necessary adjustments to their premises will be very much on their radar,鈥 Foster adds.
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Construction Manager
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