The DDA and Part M - The Facts and What They Mean

During the past few weeks we have seen a number of articles in the press confusing the requirements of the Disability Discrimination Act (DDA) and Part M of The Building Regulations.

One particular article had the headline "Meeting the Part M Deadline". It went on to say that Part M "would ensure access for wheelchairs" and that the deadline to meet the requirements of Part M is 2004. The writer in this instance was actually confusing the time frames of the DDA and the requirements of Part M.

Therefore, we would like to take the opportunity to clarify this issue and highlight the different roles of the DDA and Part M.

The Disability Discrimination Act which became law in 1996 has made it unlawful for service providers to treat disabled people less favourably for a reason related to their disability. When the Act became law it contained two specific deadlines: October 1999 from which time service providers have to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services: and 2004, by which time service providers will have made reasonable adjustments to the physical features of their premises to overcome physical barriers to access.

The second deadline of 2004 is the date by which adjustments to properties, such as the installation of platform lifts, hand rails, ramps, audio/visual facilities etc. have to be made, assuming the requirements of the act can be met in the meantime by providing additional temporary facilities.

Approved Document M (commonly referred to as Part M) is a section of the English and Welsh Building Regulations and principally applies to new buildings. It is not part of the DDA but is relevant to architects and contractors on new build projects and certain extensions as it is the document that gives the definitive specification of the buildings features which provide access for disabled people. For example, if a passenger carrying lift is to be installed then it must be suitable for use by the less able and Part M gives design criteria to comply with. Part M then can also be a useful reference point if, as a service provider, you have to make adjustments to the physical features of your existing premises to comply with the DDA.

In summary then the DDA sets out to prevent discrimination against disabled people, and includes the stipulation that physical barriers to their enjoying equal access should be removed by 2004. Approved Document M clearly specifies the dimensions and construction standards of features that can be used to improve access for disabled people. As a service provider you and your staff must comply with the DDA, and as an architect or contractor your building must comply with the requirements of Document M.