Written answers

Tuesday, 10 February 2015

Department of Environment, Community and Local Government

Building Regulations

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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569. To ask the Minister for Environment, Community and Local Government the position regarding access to buildings, both public and private, for persons with a physical disability; and the percentage of all buildings that are wheelchair-friendly. [5504/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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My Department does not maintain a database on the percentage of buildings which are wheelchair friendly.

The Building Regulations 1997 to 2014 provide for the health, safety and welfare of persons in and around buildings and set out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations and certain changes of use to existing buildings. The related Technical Guidance Documents provide technical guidance on how to achieve compliance with the Regulations. All buildings, both public and private, must comply with the Building Regulations that are in force at the time of their construction. The Building Regulations are reviewed on a regular basis to ensure that they remain in line with both national and international best practice.

Part M of the Building Regulations sets out the regulatory requirements in respect of access and use. Under the Building Regulations (Part M Amendment) Regulations 2010and the associated Technical Guidance Document M – Access and Use(2010), which came into effect on 1 January 2012, adequate provision shall be made for people to access and use a building, its facilities and its environs.

The aim of Part M is to ensure that regardless of age, size or disability:

-new buildings other than dwellings are accessible and usable;

-extensions to existing buildings other than dwellings are, where practicable, accessible and useable;

-material alterations to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable;

-certain changes of use to existing buildings other than dwellings increase the accessibility and usability of existing buildings, where practicable;and

-new dwellings are visitable.

The underlying philosophy of Part M is to ensure that buildings and their facilities should be accessible and usable by persons of all ages and abilities and that the designers and builders of new buildings take accessibility issues into account throughout the design process in order to deliver a built environment that is more inclusive of all elements of society.

Notwithstanding requirements under the Building Regulations, the Disability Act 2005 requires public bodies to ensure that their public buildings are, as far as practicable, accessible to persons with disabilities. Under Section 25 of the Act, there is an obligation on public bodies to make their public buildings comply with Part M of the Building Regulations by 31 December 2015 [i.e. Technical Guidance Document M (2000 edition)]. Section 25 also requires that public buildings be brought into compliance with any amendments to Part M not later than 10 years after the commencement of such amendments [i.e. Technical Guidance Document M (2010 edition)]. The Act also provides that the Minister for Justice and Equality may request the National Disability Authority to prepare and submit a draft code of practice , which the Minster may approve, amend or refuse as the case may be,relating to the accessibility of public buildings to persons with disabilities for the purpose of giving guidance to public bodies in these matters.

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