The following Property guidance note provides comprehensive and up to date legal information covering:
Please note that the obligations to make reasonable adjustments to the physical feature of common parts are not yet in force. Therefore, until such time as they are, this Practice Note is for information only.
The Equality Act 2010 (EqA 2010), s 20(4) imposes a general duty to take reasonable steps to make reasonable adjustments to a physical feature where they put a disabled person at a substantial disadvantage in relation to a relevant matter compared to a person who is not disabled so as to avoid the disadvantage.
The physical feature may:
arise from the design or construction of a building
be a feature of an approach to, exit from, or access to a building
be a fixture or fitting, or furniture, furnishings, materials, equipment or other chattels, in or on premises, or
any other physical element or quality
Compliance with the duty may involve:
removing the physical feature in question
altering it, or
providing a reasonable means of avoiding it
EqA 2010, s 36 applies the duty to make reasonable adjustments to a physical feature to the ‘responsible person’ in relation to the common parts of a building. The responsible person is essentially the landlord. The common parts are the structure and exterior of, and any common facilities within, or used in connection with,
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