Accessibility and the Equality Act for Commercial Premises

The Equality Act 2010 requires reasonable adjustments so that disabled people are not put at a substantial disadvantage. For commercial premises this affects landlords as well as occupiers.

The reasonable adjustments duty

Where a physical feature of premises puts a disabled person at a substantial disadvantage, there is a duty to take reasonable steps to avoid it, for example by removing, altering or providing a way around the feature, or providing a reasonable alternative. What is reasonable depends on the cost, the benefit and the circumstances.

Landlord and tenant

The duty can fall on whoever provides services from the premises, usually the occupier, but landlords are drawn in where they control common parts or where consent is needed for alterations. A landlord should not unreasonably withhold consent to a tenant's reasonable adjustment, and leases increasingly deal with this expressly.

Practical points

• Think about access to and around common parts, such as entrances, lifts and shared facilities.
• Deal reasonably with tenant requests to make adjustments.
• Consider accessibility when planning refurbishment, since it is cheaper to design in than retrofit.

Get advice on specifics

Accessibility obligations interact with building regulations and with the lease. Take advice on what is reasonable in your situation. See the wider landlord obligations.

What does the Equality Act require of commercial premises?

Reasonable adjustments so disabled people are not put at a substantial disadvantage by a physical feature, such as altering it or providing a reasonable alternative.

Does the accessibility duty fall on the landlord or tenant?

Usually the occupier providing services, but landlords are drawn in where they control common parts or consent is needed for alterations.