Ruth Coppinger (Dublin West, Solidarity)
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390. To ask the Minister for Housing, Planning, and Local Government his views on the importance of ensuring that all public places are accessible; if he will ensure that planning permission and building control sign off by local authorities is contingent on compliance with part M accessibility in practice in particular step-free access and at least one unisex accessible toilet; if local authority supports to businesses will be conditional on full accessibility compliance; and if he will make a statement on the matter. [40893/26]

Ruth Coppinger (Dublin West, Solidarity)
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391. To ask the Minister for Housing, Planning, and Local Government if he will support introducing a requirement that all new public facing premises and any premises undergoing refurbishment provide as a minimum a step-free access and at least one accessible unisex toilet; if he will review premises where refurbishment has been done in the past five years for compliance with accessibility requirements; if he will support the align existing planning, building control, licensing, and public funding mechanisms to require and enforce accessibility compliance; and if he will make a statement on the matter. [40894/26]

James Browne (Wexford, Fianna Fail)
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I propose to take Questions Nos. 390 and 391 together.

The Building Regulations 1997 to 2024 provide for the safety and welfare of people in and about buildings and apply to the design and construction of a new building (including a dwelling), an extension and certain works to an existing building. The minimum performance requirements that a building must achieve are set out in the second schedule to the building regulations in 12 parts (classified as Parts A to M). The related Technical Guidance Documents provide technical guidance on how to comply with the regulations in practical terms.

Part M (Access and Use) of Regulations, and the accompanying Technical Guidance Document M – Access and Use, set out the minimum statutory requirements that a building must achieve in respect of access and use. In order to satisfy the requirements of Part M, all buildings should be designed and constructed so that people can safely and independently approach, gain access and use a building, its facilities and its environs and elements of the building should not constitute an undue hazard for people, especially for people with vision, hearing or mobility impairments. Accessible approaches should be level or ramped, where ramps are used stepped access should also be provided. Other solutions may work where site specific constraints exist e.g. platform lift. Where sanitary facilities are provided, adequate accessible sanitary facilities should be provided e.g. at least one unisex accessible WC.

Part M aims to foster an inclusive approach to the design and construction of the built environment. While the Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to have regard to the design philosophy of universal design and to consider making additional provisions where practicable and appropriate.

Guidance on how to design, build and manage buildings and spaces so that they can be readily accessed and used by everyone, regardless of age, size, ability or disability is available in 'Building for Everyone, A Universal Design Approach', available on the website of the National Disability Authority at .

The Building Control Regulations set out the system of administrative controls to support compliance with the Building Regulations. The Building Control Regulations require, in the case of commercial buildings and apartment blocks that a Disability Access Certificate be obtained from the local Building Control Authority (i.e. the relevant local authority).

A Disability Access Certificate is a certificate, which specifies that the works or building to which the application relates will, if carried out in accordance with the plans and specifications submitted, comply with the requirements of Part M of the Second Schedule to the Building Regulations. It is an offence to occupy or use a building without having a valid Disability Access Certificate in place as required.

A Disability Access Certificate is required for new buildings other than dwellings (including apartment buildings) and certain other works (as set out in Article 20 D(1) of S.I. No. 351 of 2009) to which the requirements of Part M of the Building Regulations apply. In general, a Disability Access Certificate is required for works requiring a Fire Safety Certificate including new buildings and certain extensions, material alterations and material changes of use.

The primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is delegated under the Building Control Act to the local Building Control Authorities. They have strong powers of inspection, enforcement and prosecution and are independent in the exercise of their statutory powers.