+ Devolution. Designing inclusive, accessible buildings and spaces. Regulations, Guidance and Legislation the current framework. Drivers for Change

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1 Designing inclusive, accessible buildings and spaces RIBA, 2013 Speaker: Professor Keith Bright Regulations, Guidance and Legislation the current framework All countries of the UK have different Regulations relating to accessibility and inclusion. British Standards are applicable to all countries of the UK - but they are not Regulations. UK legislation is applicable to all countries in the UK. Drivers for Change + Devolution UK Government Cutting Red Tape initiative across all areas of legislation and Regulation to: De-regulate Remove unnecessary and/or outdated legislation Reduce burdens on industry

2 General Inclusive Design Legislation & Guidance - UK The Building Regulations British Standards General Inclusive Design Legislation & Guidance - UK The Building Regulations Mandatory for all new buildings and major refurbishments Specific Requirements Design guidance for particular building uses British Standards Good Practice Guidance The Equality Act 2010 A duty not to discriminate General Inclusive Design Legislation & Guidance - UK The Building Regulations Mandatory for all new buildings and major refurbishments Specific Requirements Design guidance for particular building uses British Standards BS8300:2009+A The Equality Act 2010 A duty not to discriminate

3 Specific Inclusive Design Legislation & Guidance - England The Building Regulations Parts M, K, N, B, G, F and E Specific Requirements for example Schools - Building Bulletins Health Buildings - Health Building Notes Transport Accessible Trains and Stations British Standards BS8300:2009+A The Equality Act 2010 Specific Inclusive Design Legislation & Guidance - Scotland The Building Regulations British Standards Domestic Non-domestic buildings Specific Requirements for example Schools - Building Bulletins Health Buildings - Health Building Notes Transport Accessible Trains and Stations BS8300:2009+A The Equality Act 2010 Specific Inclusive Design Legislation & Guidance - NI The Building Regulations Part R British Standards BS8300:2009+A Specific Requirements for example Schools - Building Bulletins Health Buildings - Health Building Notes Transport Accessible Trains and Stations The Equality Act 2010

4 Inclusive Design Legislation and Guidance - UK New buildings must have a level of physical accessibility that meets the Building Regulations, but that does not mean discrimination will not occur. For existing buildings, if alterations are required Building Regulations may not apply and the best guidance to follow is BS8300 or other guidance such as that provided by Sport England, Historic Scotland, Inclusive Mobility or the Sign Design Guide etc. - but that is not mandatory. Only the provision on a non-discriminating basis of the services or opportunities being offered in the building or space is mandatory. Inclusive Design Legislation and Guidance - UK In terms of meeting duties under UK wide anti-discrimination legislation it is not the building that has to be accessible and inclusive.. it is the access to the goods, services (including health and transport) and any employment and educational opportunities taking place within the building that must be offered on a nondiscriminating basis. How that is achieved is the responsibility of those providing them. The Equality Act 2010, UK

5 The Equality Act 2010, UK Came into effect on the 1 st October 2010 The purpose of the Act is to streamline and combine previous anti-discrimination legislation and extend the areas covered. The Equality Act 2010, UK Age Disability Religion or Belief Gender Reassignment Gender Protected Characteristics Pregnancy or Maternity Race Marriage or Civil Partnerships Sexual Orientation The Equality Act 2010, UK Types of Discrimination Direct Discrimination (including by association and perception); Indirect Discrimination; Pregnancy and Maternity Discrimination; Discrimination arising from Disability (for disabled people only) Treating a disabled person unfavourably for a reason relating to their disability without justification ; and Failure to provide a reasonable adjustment (for disabled people only).

6 The Equality Act 2010, UK Part 3 Provision of goods and services and exercise of public functions Part 7 Membership Associations The built environment Part 4 Disposal and management and occupation of premises Part 6 Education Part 5 Employment and other work-related activity The Equality Act 2010, UK Impact on the Built Environment Disability Protected Characteristics A physical or mental impairment that has a long term and substantial adverse effect on a person s ability to carry out normal day-today activities The only Protected Characteristic to which a duty of reasonable adjustment applies The Equality Act 2010, UK Impact on the Built Environment Religion or Belief Protected Characteristics No duty of reasonable adjustment - but in management terms perhaps a need to consider the future provision of faith rooms, including associated washing facilities and unisex facilities.

7 The Equality Act 2010, UK Impact on the Built Environment Gender Reassignment Protected Characteristics No duty of reasonable adjustment - but in management terms perhaps a need to consider the future provision of unisex and standard toilet and shower facilities, changing rooms etc. The Equality Act 2010, UK Is about: people; equality of opportunity; the prevention of discrimination. Is not about: buildings. The Equality Act 2010, UK The duty is not to discriminate: that duty applies to many users groups, including disabled people. and how it is achieved is the responsibility of the providers of the service or opportunity and also, by association, their professional advisors.

8 The Equality Act 2010, UK The Equality Act does not : have any performance-based requirements; or offer advice on technical issues or specifications. That is why there can be no such thing as an Equality Act compliant building or product! The Building Regulations The Building Regulations Relating to Inclusive Design England Parts M, K, N, B, G, F and E Scotland Domestic Non-Domestic Wales Being Reviewed UK-wide Legislation and Guidance: The Equality Act 2010 and BS 8300 Northern Ireland Part R

9 Building Regulations Changes to Parts K, M and N - England Stairs & Ramps (internal and external where they form part of a building or access to it) Manifestation Changes Part M coming into Access to and use of effect in April 2013 Buildings Part N Protection Glazing - Safety against impact/ collision Manifestation Part K Protection from falling, collision and impact Window openers Part K - Protection from falling, collision and impact - England In 2013 Part K - Protection from falling, collision and impact - England New easier to read format and diagrams. Most of Part K 2013, including the Requirements, is the same as the previous version although there are some formatting changes, additions and minor amendments. Formatting changes include, for example,.should be between 500mm and 700mm becomes..should be mm

10 Part K Requirement K1 Section 1: Stairs and Ladders Scope covers internal and external steps and stairs when they form part of a building. For external stepped access reference should be made to Approved Document M.. Component parts of stairs Corrected and improved diagram, and a diagram for buildings other than dwellings. Part K Requirement K1 Section 1: Private Stairs Changes in stair dimensions: Private Stairs: New Part K Dimensions for minimum and maximum rise and going; Maximum pitch remains at 42 o Part K Requirement K1 Changes in category of stairs Part K Stairs (old) Part K Stairs (new)

11 Part K Requirement K1 Section 1: Stairs Changes in category of stairs: Utility Stairs: Used for escape, access for maintenance, or purposes other than as the usual route for moving between levels on a day-to-day basis Part K Requirement K1 Section 1: Stairs Changes in category of stairs: General Access Stairs: A stair intended for all users of a building on a day-to-day basis, as a normal route between levels. Part K Requirement K1 50mm wide and 39mm deep 32mm to 50mm 50mm to 75mm Section 1: Stairs (and Ramps) Handrails: Information as in ADM Diagram 7. Changes to handrail size and clearances from wall to bring into line with BS 8300:2009 +A and with information given in the FAQ s on the Planning Portal. Confirmation in the diagram - min 50mm ADM Diagram 7 and ADK Diagram 1.13

12 Part K Requirement K1 Section 2: Ramps Scope covers internal and external ramps when they form part of a building. Reference should be made to Approved Document M when providing...external ramped access which also forms part of the principle entrances and alternative accessible entrances and when they form part of the access route to the building from the boundary of the site and car parking. Part K Requirement K2 Section 3: Protection from falling K3 to a separate Section 4: Vehicle barriers and loading bays. Part K Requirement K4 Section 5: Protection against impact (with glazing) New layout and diagrams but Requirement and guidance as described in previous Approved Document N (Section 1) Protection against impact

13 Part K Requirement K5 (1) Section 6: Protection from collision with open windows New layout and diagrams but the requirement and guidance as described in previous Approved Document K (Section 4) Protection from collision Part K Requirement K5 (1) Section 6: Protection from collision with open windows Part K Requirement K5 (2) Section 7: Manifestation of glazing

14 Part K Requirement K5 (2) Section 7: Manifestation of glazing New layout and diagrams but the Requirement and guidance as described in previous: Approved Document N (Section 2, 2.1 to 2.3) Manifestation of glazing; and Approved Document M (2.24 a to d) Part K Requirement K5 (3) Section 8: Safe opening and closing of windows etc. New layout and diagrams but the Requirement and guidance as described in previous: Approved Document N (Section 3) Safe opening and closing of windows etc; and Approved Document M Part K Requirement K5 (3) Section 8: Safe opening and closing of windows etc. Part N New Part K

15 Part K Requirement K6 Section 10: Protection against impact New layout and diagrams but the requirement and guidance as described in previous Approved Document K (Section 5) Protection against impact; and Approved Document M paragraph 2.13c (zones of visibility), Diagram 8 (avoiding hazards on routes) and part of Diagram 9 (zones of visibility); Part K Requirement K6 Section 10: Protection against impact New Part K Diagram 10.2 previously ADM Diagram 8 New Part K Diagram 10.1 previously ADM Diagram 9 Part M Access to and use of buildings - England Changes include: Removal of sections into Part K; Access Statements; Visual Contrast (Definitions); Handrails (cold to touch); Door opening forces; Clarification on the relationship between The Equality Act 2010 and Part M; The provision of Changing Places Facilities.

16 Part M Access to and use of buildings - England Access Statements: Change from Access Statement to Access Strategy (Section 0.7); Need for alternative solutions to ADM to be based on appropriate research evidence or recognised British Standards (Section 0.21); Applicants should engage early with building control bodies to identify risks and discuss best ways to demonstrate their access strategy (Section 0.21); Access Strategy should focus on where proposals diverge from ADM rather than providing an exhaustive explanation of features that meet ADM (Section 0.22); A written Access Strategy is not required to accompany a building control application though it may be useful (Section 0.23). Part M Access to and use of buildings - England Access Strategy: In essence the new thinking: Removes the concept of the one-size fits all approach for Access Statements/Strategies; Encourages a flexible, targeted and risk-based assessment; Suggests that the key focus should be on ensuring that applicants and building control bodies agree on the appropriate level of provision needed for the completed work, and ensure it is delivered; In larger projects this will most likely be a written document. In smaller or less complex ones it may be achieved by simply having a conversation and recording the outcome. Part M Access to and use of buildings - England Visual contrast - Definitions As existing - 30 points difference in LRV but now added: For illuminance greater than 200 lux minimum LRV difference of 20 points; For door furniture that projects beyond the face of the door or otherwise creates a differentiation and shade, a minimum difference in LRV of 15 points is considered adequate.

17 Part M Access to and use of buildings - England Handrails cold to touch In Section 1.37 (f) of existing ADM the text has been expanded to: It s surface is slip resistant and not cold to the touch. In areas where resistance to vandalism or low maintenance are key factors, use of metals with relatively low thermal conductivity may be appropriate. Part M Access to and use of buildings - England Door opening forces (in ADM generally) Refers to opening forces needing to be: 30N at the leading edge from 0 0 (the door in the closed position) to 30 0 open, and not more than 22.5N from 30 0 to 60 0 of the opening cycle. Part M Access to and use of buildings - England Changing Places Facilities Now provided in around 450 locations UK wide. Where provided must be in addition too, and not as a replacement of, a standard wheelchair accessible facility. More information:

18 Part M Access to and use of buildings - England Door opening forces (in ADM generally) Refers to opening forces needing to be: 30N at the leading edge from 0 0 (the door in the closed position) to 30 0 open, and not more than 22.5N from 30 0 to 60 0 of the opening cycle. Planning Portal Inclusive Design in Schools Colour and Lighting Good use of colour, light and contrast can enhance considerably the ability of someone to use the space safely, confidently and independently. For example, good lighting and colour can help to identify the presence of features and areas of a building.

19 Inclusive Design in Schools - Colour, Lighting & Acoustics Good use of colour, light and contrast and careful consideration of the acoustical performance can also considerably enhance the usability of a space and support teaching and learning in a community environment. Building Bulletin 90 This is important for all users of a space, but especially for those with visual or hearing impairments. Inclusive Design in Schools - Colour, Lighting & Acoustics Michael Faraday Community School, London 12m community school for nursery and primary education; 350 children aged 3 to 11 years; Adult education and community facilities; Hard surfaces including glass and concrete with over 500 baffles to improve acoustics and speech legibility. Michael Faraday Community School, London Inclusive Design in Schools - Acoustics Building Bulletin 93 Poor acoustic conditions in the classroom increase the strain on teachers voices as most teachers find it difficult to cope with high noise levels. This often leads to voice problems due to prolonged use of the voice and the need to shout to keep control. Surveys in the UK and elsewhere showed that teachers form a disproportionately high percentage of voice clinic patients.

20 Inclusive Design in Schools - Acoustics Building Bulletin 93 Over 75% of deaf children are educated within mainstream schools. The majority of them use speech and hearing or speech, hearing and signing as their main forms of communication. For all of them a poor acoustic environment can be a significant barrier to inclusion. Inclusive Design in Schools - Acoustics Building Bulletin 93 Recommends a structured approach to acoustic design at each stage of the planning and design process. Inclusive Design in Schools - Communicating Information Communicating information using signage The Willows Primary and Special School, Wolverhampton Michael Faraday Community School, London

21 Examples of inclusive, accessible provision - Health Buildings Inclusive Design in Health Buildings - Colour and Lighting Colour and lighting are important components in creating environments and spaces that display soothing, restful, stimulating, cheering and seductive experiences for the user. For hospital and healthcare buildings the careful provision of colour and lighting can also affect staff performance and patient recovery. However, enhancing health and well-being for all users will only be achieved if environmental factors such as colour, lighting and acoustics are considered as part of an holistic design approach. Inclusive Design in Health Buildings - Enhancing Health Care Healthy spaces for all The quality of consultation and meeting areas can have a major impact on the patient and staff experience.

22 Inclusive Design in Health Buildings - Enhancing Health Care Healthy spaces for young people Having access to bright, well designed spaces can considerably enhance the experience of younger people when undergoing medical treatment. Play is also an important part of the treatment and recovery process and carefully designed play areas are an essential part of the hospital experience for children. Photographs Courtesy of Boex ( Inclusive Design in Health Buildings - Enhancing Health Care Healthy spaces for older people Careful design that replicates familiar scenes and incorporates sympathetic colour and lighting provides environments and spaces that are calming for people with dementia and enhance feelings of well-being and safety. Providing stimulating tactile and visual features also allows people with dementia to understand and interact with the environments in which they live. Decorative features can also aid navigation. Inclusive Design in Health Buildings - Enhancing Health Care Stimulating Senses Sensory stations for children and people with learning or other disabilities allow them to maximise their sensations and interact with their environments. They are also an important part of the learning, treatment and recovery process. Photographs Courtesy of Boex (

23 Designing inclusive, accessible buildings and spaces The End