Wakemans Trade Secrets
Insider information of general interest to the construction industry.

Disability Act compliance can impact on property values

David Howles, chief executive of Wakemans, examines the implications of the Disability Discrimination Act on the property industry.
Complying with the Disability Discrimination Act and dealing with disability issues could adversely effect existing property and its value.
Owners, landlords, tenants and occupiers need to be aware of the implications and build the 2004 deadline into an overall property management strategy.
The DDA has been with us since 1996 but recent research suggests that many organisations are still not fully aware of their responsibilities and will not be ready when the Act comes into force in 2004.
All property occupiers must comply with the Disability and Discrimination Act 1995 (DDA). National construction consultants, Wakemans, which provides clients with advice on the DDA, as part of a property maintenance service is working towards being able to offer an accredited auditor service later this year.
Research conducted jointly between Wakemans and the London office of Catella Property Consultants Ltd has highlighted the fact that there are many misconceptions about what is required under the Act, not least that people believe it is not effective until 2004.
This is not the case. Since 1996 occupiers of commercial property have been obliged not to discriminate against disabled persons and since 1999 they have also been obliged to make reasonable adjustments to their services for disabled people.
A National Register of Access Consultants (NRAC) was established in 1999 by the Centre for Accessible Environments (CAE).
This will provide clients with a database of accredited access auditors, who will have to abide by the register's Code of Practice, and who will have undertaken and maintained relevant training. This should go some way towards helping clients simplify and comply with the Act.
However there are also legal implications that go far beyond the work itself and clients may need to seek legal advice from a company that understands the Act, as well as bringing on board an auditor and a chartered surveyor.

Wakemans has put together a ten point action plan which has been prepared in association with the international firm Catella Property Consultants.

Read the Disability Discrimination Act 1995.

Read the Disability Discrimination Act 1995 Code of Practice, as a general guide and not as an authoritative statement of law.


Consult an Access Auditor and/or Consultant and/or Chartered Surveyor and Solicitor, with particular reference to the evolution of any new Codes of Practice or subsequent legislation.


Consider whether compliance may be affected by alteration of business practice rather than physical alteration to the building. It may be more cost effective.


If negotiating a tenancy of a non-compliant building, obtain an indemnity from the landlord against the costs of physical alterations to the property required by the Act.


If a property fund manager, consider how the Act might affect portfolio performance Develop a pro-active management strategy.


If procuring works now, to comply with changes required for 2004, consider how the Act interacts with Planning and Listed Building Legislation.


Consider the provisions of the Act and related Codes of Practice before carrying out refurbishment, redevelopment or development prior to 2004.


If a landlord or tenant under a lease ending between now and 2004, consider whether the lease requires the premises to be yielded up in a 'tenantable condition'. If so, seek advice as to whether a landlord may be able to enforce a claim for the costs of any physical alterations required to the property under the Disability Discrimination Act under that covenant.


If a landlord of a non-compliant multi-tenanted building, consult the tenants regarding agreement and phasing of any necessary works.