Access to premises is covered in section 23 of the Disability Discrimination Act (DDA). The DDA covers several important areas of accessibility withing the built environment some of these include, footpaths and walkways, shops, public transport facilities, educational institutions, and a host of other public areas such as hospitals, and public pools sports venues cafes and pubs. Heritage building are also covered under the DDA therefore, an argument for an exemption solely on the grounds of being a heritage building is not a valid excuse for an exemption.
What happens if a heritage building cannot be modified to comply?
Sometimes, access cannot easily be modified to accommodate heritage buildings, for example, narrow access ways that cannot readily accommodate modifications. Working closely with heritage consultants is important to check on best practice approaches to access the heritage building accessibility and any limitations on heritage alterations. Ultimately, access takes precedence over the heritage requirements stipulated. To argue against building changes and modifications to comply with equitable access could only really be on the grounds that sufficient equitable access cannot be achieved or due to an organisations financial hardship.
It is important to note that any organisation that has failed to provide sufficient access under the Disability and Discrimination Act and access to premises – Buildings Standards 2010 would be acting unlawfully and in breach of the specified requirements unless an exemption has been issued.