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 10 Year Exemption for service Applicants should be aware that this is not providers, local authorities and a blanket exemption from duties under the EA, and relates only to the duty to make associations reasonable adjustments to physical An exemption setting out when an features built in strict accordance with the adjustment is not reasonable in relation to guidance provided in the relevant approved design standards is provided in regulation document. As with all other types of 9 (Reasonableness and design standards) building work, service providers will still of and the Schedule to the Equality Act need to consider the needs of disabled 2010 (Disability) Regulations 2010 (the people which are outside the scope of Regulations). Approved Document M. It is for applicants, not building control bodies, to consider Regulation 9 prescribes circumstances in how these obligations are to be met. which it is not reasonable for a provider of services, a public authority carrying out its RELATIONSHIP WITH GUIDANCE functions, or an association to remove or alter a physical feature which has been IN APPROVED DOCUMENT K provided to assist access to the building or (PROTECTION FROM FALLING its facilities and which accords with the COLLISION AND IMPACT) relevant design standard. The Schedule to Where applicable, parts of this Approved the Regulations provides that a physical Document state that the requirements of feature satisfies the relevant design Part M will be satisfied by compliance with standard if it complied with the objectives, the applicable parts of the guidance within design considerations and provisions set Approved Document K (Protection from out in the edition of Approved Document M falling, collision and impact). Compliance that applied at the time the building works with these applicable requirements set out were carried out. in Approved Document K in these This provision will not apply where more circumstances will be regarded as than 10 years have elapsed since: compliance with a relevant design standard – the day on which construction or for the purposes of regulation 9 and the installation of the feature was Schedule to the Regulations. completed; or – in the case of a physical feature provided as part of a larger building project, the day on which the works in relation to that project were completed. Approved Document M Volume 2 Access to and use of buildings other than dwellings O N L I N E V E R S I O N 7