Building standards - ministerial view: access within buildings (ref. V2025/1)

Functional Standard 4.2 Access within buildings

“Every building must be designed and constructed in such a way that:

1. in non-domestic buildings, safe, unassisted and convenient means of access is provided throughout the building
2. in residential buildings, a proportion of the rooms intended to be used as bedrooms must be accessible to a wheelchair user
3. in domestic buildings, safe and convenient means of access is provided within common areas and to each dwelling
4. in dwellings, safe and convenient means of access is provided throughout the dwelling, and
5. in dwellings, unassisted means of access is provided to and throughout, at least one level.

Limitation:

There is no requirement to provide access for a wheelchair user:

1. in a non-domestic building not served by a lift, to a room, intended to be used as a bedroom, that is not on an entrance storey, or
2. in a domestic building not served by a lift, within common areas and to each dwelling, other than on an entrance storey.”

Clause 4.2.9 Sleeping accommodation within residential buildings

“Within residential buildings, such as hotels and halls of residence, sleeping accommodation which is accessible to a wheelchair user should be provided. At least 1 bedroom in 20, or part thereof, should:

• be provided with accessible sanitary accommodation, as noted in clause 3.12.3, and
• have an effective clear width of not less than 1.2 m between walls, fixed furniture or other permanent obstructions within the room, and
• contain a manoeuvring space of at least 1.5 m by 1.5 m, clear of obstructions, including furniture and any door swing, and
• have a clear space around at least one bed of at least 700 mm wide to the foot and one side and at least 1.5 m wide to the other side, which may overlap with the manoeuvring space noted above, and
• include an assistance alarm that can be operated or reset from a bed space and is also operable from floor level. The alarm should have an audible tone distinguishable from a fire alarm and a visual indicator provided both within and outside the bedroom and should also give alert at a location where staff will be on duty.

However in a place of lawful detention, the ratio may be increased to not more than 1 in 100.”

Verifier

City of Edinburgh Council

Technical context

The building warrant application is for the erection of a new eight storey residential student accommodation block comprising a total of 298 bedrooms.

The subject of the Ministerial View relates to mandatory standard 4.2 and to the guidance under clause 4.2.9 of the Non-domestic Technical Handbook.

The applicant proposes an alternative means of compliance with Part B of Standard 4.2 comprising of three wheelchair accessible bedrooms meeting the full recommendations of clause 4.2.9 (1% of the total number of bedrooms). To support their proposal the applicant notes that Standard 4.2 does not specify a specific proportion of rooms to be made wheelchair accessible, with this contained in guidance under clause 4.2.9 which recommends a 1:20 (5%) ratio of all bedrooms to be wheelchair accessible. It is also argued that a 1:100 (1%) provision of wheelchair accessible bedrooms would be more than sufficient to meet recent uptake at their other properties within Edinburgh.

The application proposes to make up for this shortfall by providing an additional 12 bedrooms (4% of the total number of bedrooms) following the recommendations contained within BS 8300-2 relating to ‘easily adaptable’ bedrooms. It is proposed that these would meet five of out of the size recommendations to clause 4.2.9, omitting the provision of a 700 mm space to the foot and side of the bed to enable assisted transfer from a wheelchair onto the bed. To support this omission, the applicant notes that providing accommodation for a carer is not something they offer to their residents.

The verifier understands the benefits of providing the full range of provisions cited under clause 4.2.9 in providing bedrooms that are accessible to a broad range of people with disabilities and recognise that everyone, regardless of any disability, should be afforded the same opportunities to attend further and higher education and live in residential student accommodation to facilitate this. However, with guidance contained within the British Standard 8300-2 suggesting that a greater level of flexibility and adaptability can be applied to student accommodation as the longer lead-in time for reserving accommodation allows time to ensure accessible accommodation is arranged and the correct facilities and aids are installed to suit an individual student, the verifier is unsure if the proposal outlined above meets the intent of the standard.

The view of Scottish Ministers

On behalf of Scottish Ministers, Building Standards Division has considered all the information submitted in this case.

Where an alternative approach to demonstrating compliance with a standard is offered, it is essential that this is considered against the example provided in guidance, to demonstrate that an equivalent outcome is achieved in respect of the mandatory standard.  This would include scope of provision and level of amenity where these are material to that outcome.

BS 8300-2 notes that a greater level of flexibility and adaptability can be applied in relation to the provision of accessible student accommodation bedrooms, compared to the recommended provisions for hotel accommodation. This flexibility is articulated through the specific recommendations made under subclause 19.2 relating to both the design of and provision of accessible bedrooms.

A reduced ratio of 10% accessible accommodation is allowed under BS 8300-2 which, as a minimum, should include 4% that are wheelchair accessible, 1% with a track hoist system and connecting door to a standard room for a carer, and a further 5% of bedrooms that are easily adaptable wheelchair accessible rooms for independent use.

The proposed 1% ratio of immediately accessible accommodation for wheelchair users does not approach the levels expected in either the Scottish building standards nor BS 8300-2.

With regard to the easily adaptable wheelchair bedrooms, the applicant proposes to follow the guidance of BS 8300-2 and recommendations under subclause 19.2 to mitigate the need to provide space associated with assisted transfer. Flexibility is afforded under the British Standard for easily adaptable wheelchair accessible rooms in the context of these being designed for independent use with the associated assisted transfer space not required.

However, the guidance also notes that easily adaptable wheelchair accessible accommodation should incorporate the correct space requirements and contain the recommended design features, specification and positioning of fixtures and fittings and completion to enable future installation of specific accessibility aids (such as grab rails) to suit an individual when required.

In following the recommendations of BS 8300-2 to mitigate the need to provide assisted transfer space, it is expected that the applicant also follows the subsequent design ethos and recommendations of BS 8300-2 to ensure a holistic approach to the provision of accessible and adaptable accommodation. The proposed layout and specification does not fully follow the design approach embodied by the British Standard, borrowing from both this and building standards guidance, minimising spatial requirements and limiting the intended flexibility and adaptability of the accommodation to suit a person’s specific accessibility needs and preferences.

Having carefully considered all the information submitted in this case, it is the view of Scottish Ministers that the proposals do not meet the requirements of Standard 4.2.