Frequently Asked Questions

Steps and access: The Cobblers in my town has two steps leading to the entrance. Can I ask them to take the steps away under the Act?

Any necessary changes to the physical environment will only be legally required after 1st October 2004.

The owners of the corner shop may be legally entitled to refuse to take the steps away because they are a small business and may not be able to afford to do this, or because it is not practical given the narrowness of the pavement outside their shop. Even if installing a permanent ramp was not reasonable, a number of other adjustments might still be required for people with mobility impairments including the provision of a safe portable ramp or even arranging for the delivery of goods to a customers home if this is practical.

Steep ramp: As a wheelchair user, I found it difficult to access the local football ground that was built in 1999. The ramp is too steep. The management have said the Ramp complied with Part M. is this the same as the DDA?

The right to physical adjustments only applies from 1st October 2004. Whether or not the owners are right that they do not need to consider changes to their buildings depends on the age of the building.

If a building complies with Part M, the service provider would not have to make any further physical adjustments until ten years after the original changes had been made (this would apply equally in Scotland). However, if the building work was carried out before 1st October 1994, service providers would not be protected by this exemption.

Restaurant access: I have tried to eat in an Italian restaurant. I could not move my wheelchair between the tables and chairs as they were all fixed to the floor. Should the owners not have to move them?

Yes the owner should have to move the tables and chairs as they would be considered to be a physical feature so the restaurant would need to move them from October 2004. The Disability Discrimination (Services and Premises) Regulations 1999 provides coverage of what would be a physical feature. This includes any fixtures, fittings, furnishings or furniture on the premises. Therefore, the tables and chairs would most likely fall into this category.

After October, it is likely that the restaurant would to be legally required to ensure that at least some chairs and tables are movable so that disabled customers can enter and eat. The cost of this adjustment would be minimal. Please refer to the case study guide on cafes for further guidance.