HC Deb 03 July 1997 vol 297 c243W
Mr. Burstow

To ask the Secretary of State for the Environment, Transport and the Regions by what means a disabled person will be able to challenge an approving body's assessment of a public building designated as providing reasonable access. [5845]

Mr. Raynsford

[holding answer 2 July 1997]: Part M of schedule 1 to the Building Regulations 1991, which is applicable to most new building work other than dwellings, requires that reasonable provision shall be made for access and facilities for disabled people. Building work to which the regulations apply will be subject to building control by either the local authority or an approved inspector. With regard to these approving bodies, the Building Act 1984 provides for action to be taken against an approved inspector who recklessly gives a final certificate. Section 113 of the Act allows proceedings in respect of an offence under the Act to be taken by a party aggrieved. Whilst there is no parallel provision to challenge local authorities within the Building Act, they are subject to action for judicial review.

There is no requirement for public buildings to be assessed by an approving body under the Disability Discrimination Act 1995.

Mr. Burstow

To ask the Secretary of State for the Environment, Transport and the Regions if he will make a statement on the relationship between Part M of the Building Regulations 1991 and proposals contained in the Disability Discrimination Act 1995. [5846]

Mr. Raynsford

[holding answer 2 July 1997]: Part M of the Building Regulations applies only to the control of new building work. The DDA places duties on employers and service providers to make adjustments to existing premises which are reasonable in all the circumstances of the case. There is no requirement for such adjustments to comply with Part M.

Under the Disability Discrimination (Employment) Regulations 1996 employers cannot be required to alter any physical characteristic which satisfied the requirements of Part M of the Building Regulations at the time building works were carried out, and which continues to meet those requirements. This protects employers against being required to meet differing requirements in respect of the same physical feature under different regulations. Similar protection for service providers will be considered when regulations for implementing that part of the Act are prepared.