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The fact that my wife broke her leg badly six months ago and was wheelchair- bound for some time made clear to me the many difficulties faced by disabled people when trying to gain access to buildings.

By October 2004, everyone involved in the construction industry will have to consider what "reasonable adjustments" must be made to existing premises to ensure they are accessible to the disabled. In addition to changes that may be required to existing premises, obligations introduced by the Disability Discrimination Act 1995 must be considered in the design of new premises which are to be accessed by the general public.

In essence, the Act seeks to prevent discrimination where, without justification and for a reason that relates to a person's disability, a disabled person is treated less favourably than others. Disability in this context encompasses a wide range of conditions, including sensory disabilities, and is not limited to a lack of mobility.

The obligations
The obligations imposed on service providers and employers by the Act are being introduced in stages. Indeed, the first set of these obligations, found under section 21, are already in place. This section requires service providers to take such steps as are reasonable in all circumstances to change practices, policies and procedures that make it impossible or unreasonably difficult for disabled persons to use the service provided. The definition of service providers is wide, including all those who provide goods and services to the general public. This obligation is essentially intended to bolster existing legislation to prevent policies that discriminate directly against the disabled.

The obligation to carry out alterations to premises will be brought into effect on 1 October 2004. The Act applies to all who provide services, goods and facilities to the general public or a section of it, with or without payment. Service providers will have a duty to take such steps as are reasonable in all circumstances to modify physical features of premises that make it impossible or unreasonably difficult for disabled persons to use the service. Physical features in this context are features arising from the design or construction of a building or the approach or access to premises.

In practical terms, consideration will need to be given to the size of doorways and the provision of ramps for wheelchair access. Due to the wide definition given to discrimination under the Act, consideration of matters such as colour schemes and signs will also be required.

Architects and contractors will have to be aware of the provisions of the Act when they are engaged in the design of new premises

What constitutes a reasonable alteration in any particular situation will inevitably depend upon specific facts of the case. In broad terms, the duty in relation to premises where a feature makes it impossible or unreasonably difficult for a disabled person to use the service is to :

• Remove the feature; or
• Provide a reasonable means of avoiding it; or
• Alter it so that it no longer has effect; or
• Provide a reasonable alternative method of making the service available to disabled persons.

The code
A draft code of practice issued by the government in May 2000 offers guidance on what steps will be deemed reasonable. The code indicates that the practicality of the step must be considered, together with the financial and other costs which would be incurred and the extent to which taking it would disrupt the provider's activities.

The Act applies to all service providers in both the public and private sectors, and crucially, unlike in other areas of anti-discrimination legislation, the provisions apply universally regardless of size. The financial resources of a service provider will, however, be taken into account when deciding what alterations are reasonable. It follows that a large retail chain would be expected to spend more on alterations than, for example, a small high-street store.

When alterations are made, planning consent or listed building consent will be required in the normal way. Where a building complies with 星空传媒 Regulations at the time of construction and continues to comply, no further adjustments will be required.

Architects and contractors in particular will have to be aware of the provisions of the Act when designing premises which will be open to the general public. In some respects, however, compliance with the Act may prove easier in the design of new buildings, where the needs of the disabled can be considered in advance. There is concern that the design of some older buildings may make accordance with the Act a difficult and costly exercise.