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Disability Act 2005

Access to Public Buildings (Section 25)

A "public building" means a building, or part of a building, to which members of the public generally have access and which is occupied, managed or controlled by a public body.

This section of the Act requires public bodies to ensure that their public buildings are, "as far as practicable", accessible to persons with disabilities. The Act allows the Minister for Justice, Equality and Law Reform to request the National Disability Authority to prepare and submit to him a draft code of practice relating to accessibility of public buildings to persons with disabilities. If the Minister approves such a code of practice, then public bodies "... shall comply with it to such an extent as is practical having regard to its resources and obligations ...". In particular, public bodies must comply with the code of practice at the time of construction, material alteration or extension of a public building or where it would be cost effective for the purpose of giving access to a greater number of people. .

Buildings which are public buildings on the date when section 25 of the Disability Act came into force (i.e. 31 December, 2005) or which become public buildings after that date, must be brought into compliance with Part M of the Building Regulations 1997 (as amended) by 31 December 2015. In addition, if there are any future amendments to Part M of the Building Regulations 1997, public bodies will be required to bring their public buildings into compliance with the amended Part M within 10 years after the commencement of the amendment.

A Minister may make an order specifying a building, or buildings, to which the requirements in the preceding paragraph will not apply if he or she is satisfied that -

1. the building is being used temporarily as a public building and will cease to be used as such after 3 years from the date of making the order
2. the building will not be used as a public building after three years from the date of making the order, or
3. making the building accessible to persons with disabilities would not be justified, on the grounds of cost, having regard to the use to which the building is put.

Before making such an order the Minister concerned will be required to consult with "such other Ministers or such other persons as he or she considers appropriate"

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