The Society for the Protection of Ancient Buildings

SPAB
37 Spital Square
LONDON
E1 6DY

T: 020 7377 1644
F: 020 7247 5296
E: info@spab.org.uk

Charity No. 111 3753

Scottish Charity No. SC 039244

Company No.  5743962

VAT No. 577 4276 02

 

 

 

A. If you are a ‘service provider’ then the Disability Discrimination Act (1995) has for many years required that you should make your services reasonably accessible to the public, regardless of the user’s physical ability. By October 2004, you should have assessed any buildings premises you use and put into place ‘reasonable’ improvements and alterations to remove physical barriers to access to your services that the building may present. The Act requires ‘reasonable’ adjustments to provide access and this will only be defined by the Civil Courts, when people who have felt discriminated against sue the service provider. In the meantime we get our guidance from the Codes of Practice published by the Disability Rights Commission.

 

The usual starting point is to undertake an access audit, which considers the building with regard to the very wide range of disabilities and impairments that the Act covers (vision, hearing, mobility, continence, discernment of danger, restricted reach, etc). There is a National Register for Access Consultants and auditors. Some architects and surveyors are also able to undertake this work.

 

Reconciling the aims of improving access with the needs to conserve the importance and significance of the historic building is the next step, and your architect or surveyor may already have the skills to undertake this alone. However, it is advisable to also seek the advice of the local authority Conservation Officer, English Heritage, the relevant National Amenity Society, the local Access Officer, depending on the sensitivity and importance of the building, to ensure that proposals for alterations protect or enhance the historic building, and are of a suitable quality and effectiveness for people with disabilities to justify the alteration.

 

The DDA does not remove the need to seek and obtain listed building consent. If LBC cannot be obtained – for example to install a lift through a Romanesque vault or alter a flight of steps at the front of a stately home - then it is our understanding that as a service provider you will probably nevertheless be complying with the DDA. So even though you cannot provide full access to the building you will have been acting reasonably.

 

Usually it is the lack of quality and effectiveness of a solution that may lead the Society to object to a proposal when our response would be to advise that a better architectural and conservation solution should be found to enhance the building and provide a long-term and worthwhile addition. We would generally expect the conservation principles of reversibility to apply, and would hope to see a layer of history added rather than historic fabric and evidence of previous generations’ work and values removed.

 

It is not envisaged that every building will have ramps and lifts everywhere, for all sorts of reasons. There would be occasions when we would recommend a strategic view of services provision be undertaken. For example if several premises are owned, would it be acceptable and desirable if one venue is easier to adapt and the others left unaltered? Economic constraint is another aspect of reasonableness but as a service provider you are expected to plan your finances and review arrangements periodically.

 

Where physical barriers cannot apparently be overcome by making alterations, the DDA also allows, for alternative means of providing a service (for example such as by mail order or a ‘virtual’ visit or an alternative venue) or using an alternative route into the building, or providing personal assistance, or ensuring good access to services is provided on the ground floor. These may be referred to as managed solutions. It may be a simple matter of providing a contact point – entry phone system, say - in a dignified manner and place.

 

Part M of the Building Regulations is undergoing revision and the Approved Document will require the submission of an Access Statement which will explain why the historic specialness of the building requires a deviation away from standard solutions. The SPAB believes this flexible approach is to be welcomed.

 

It is our experience that most buildings can be successfully and effectively altered to provide reasonable access, but this does require a good understanding of both historic building conservation and how to accommodate the needs of people with disabilities. For example, you may have to look at good effective lighting which helps visually and hearing impaired people; sensible choice of colours and tones need not be garish to provide effective contrast to aid identification of possible hazards and changes in levels make the environment safer; automatic door openers may avoid alterations to building fabric being required; and we like to emphasise that beautifully designed and manufactured handrails, for example, and any other additions and alterations, keep our traditional arts and crafts alive.