Update on Part M of the Building Reuglations - November 2009
The Department of Environment, Heritage and Local Government (DEHLG) is continuing to work towards its commitment to make buildings more accessible by reviewing of Part M of the Second Schedule to the Building Regulations and updating the Technical Guidance Document (TGD). You may be aware that the DEHLG held the final round of public consultation in October 2009 and the proposed Building Regulation Part M is due to come into force in July 2010. For further information contact us.
The draft Regulations propose to amend Part M of the 1997 Building Regulations in respect of new buildings, dwellings and existing buildings when extended. The new Regulations require that all new buildings other than dwellings should be designed and constructed so that people with a range of disabilities can safely and independently approach and gain access to a building, circulate within it and use the relevant facilities including sanitary conveniences within it. The new Regulations also apply to the approach and access to and sanitary conveniences in existing buildings when extended.
O’Herlihy Access Consultancy assisted with a number of submissions to the Department. Some of our main concerns regarding the proposed Regulations are as follows:
- It is unclear what effects the proposed Part M will have on the obligations of public bodies under Section 25 of the Disability Act. Section 25 highlights that Public Bodies must make their public buildings accessible in accordance with the current Part M by 2015 and have 10 years to comply with any amended Part M.
- Reference is made to material alterations and material change of use in the Statutory Instrument which will implement the new Part M yet it is unclear what the requirements will be in relation to material alterations and material change of use for existing buildings.
- Additional guidance and support is required in relation to the implementation process of Disability Access Certificates for Building Control Authorities, architects and designers. It is also unclear why Disability Access Certificates are being introduced in January 2010 and the updated Part M is not being introduced until July 2010.
- It appears that the proposed Technical Guidance Document M covers external environment and approach, circulation and toilet facilities in some detail but does not adequately address access issues such as signage, communication systems, lighting, colour and tonal contrast, acoustics etc which have been outlined as key areas that need to be considered to ensure buildings are designed to be accessible and usable for all users.
- There has been little change in relation to design of housing and issues such as lifetime homes has not been considered in the proposed amendments.
- The importance of linking access and egress is not adequately dealt with in the Technical Guidance Document. Particular consideration needs be given to evacuation / emergency provisions for people with disabilities when buildings are being designed.
