Access to and use of buildings: Approved Document M

O N L I N E V E R S I O N M USE OF GUIDANCE MIXED USE DEVELOPMENT THE EQUALITY ACT 2010 AND THE EQUALITY ACT 2010 In mixed use developments part of a building may be used as a dwelling while (DISABILITY) REGULATIONS 2010 another part has a non-domestic use. The Equality Act 2010 (the EA) brings In such cases, if the requirements of the together existing equalities legislation, Regulations for dwellings and non-domestic including the Disability Discrimination Act use differ, the requirements for non- 1995, with the aims of strengthening and domestic use should apply in any shared also harmonising existing provisions into a parts of the building. single streamlined framework of equalities legislation to deliver better outcomes for THE WORKPLACE (HEALTH, the protected groups listed. SAFETY AND WELFARE) The EA (http://www.legislation.gov.uk/ REGULATIONS 1992 ukpga/2010/15/contents) imposes a duty The Workplace (Health, Safety and to make reasonable adjustments to a Welfare) Regulations 1992 as amended physical feature in order to comply with the by The Health and Safety (Miscellaneous requirements set out in section 20 of the Amendments) Regulations 2002 EA. The duty is set out in Schedule 2 (in (SI 2002/2174) contain some requirements relation to public functions and service which affect building design. The main providers); Schedule 8 (in relation to requirements are now covered by the employers) and Schedule 15 (in relation to Building Regulations, but for further associations) of the EA. information see: ‘Workplace health, safety Although the guidance in this Approved and welfare. Workplace (Health, Safety and Document, if followed, tends to Welfare) Regulations 1992, Approved Code demonstrate compliance with Part M of the of Practice’ L24. Published by HSE Books Building Regulations, this does not 1992 (ISBN 0 7176 0413 6). necessarily equate to compliance with the The Workplace (Health, Safety and Welfare) obligations and duties set out in the EA. Regulations 1992 apply to the common This is because service providers and parts of flats and similar buildings if people employers are required by the EA to make such as cleaners and caretakers are reasonable adjustment to any physical employed to work in these common parts. feature which might put a disabled person Where the requirements of the Building at a substantial disadvantage compared to Regulations that are covered by this Part a non-disabled person. In some instances do not apply to dwellings, the provisions this will include designing features or may still be required in the situations making reasonable adjustments to features described above in order to satisfy the which are outside the scope of Approved Workplace Regulations. Document M. It remains for the persons undertaking building works to consider if further provision, beyond that described in Approved Document M, is appropriate. Access to and use of buildings other than dwellings Approved Document M Volume 2 6 O N L I N E V E R S I O N