Toilets. It’s not something that probably crosses your mind
when deciding on requirements for your commercial space. Of course, you know
that you need one, but beyond that it is unlikely to have crossed your mind.
Well, think again.
When building a new commercial space or renovating an
existing building, there are several key pieces of legislation that will inform
the decisions you need to make about toilets. These are:
·
National
Construction Code (incorporating Building Code of Australia): This
determines the number of toilets required based on the floor space, building
use, type of business and number of people using the area.
·
Disability
(Access to Premises-Buildings) Standards 2010 (commonly known as Premises Standards): Based on
the size of the building, the number of floors and how the use of those floors
is divided (eg is your business using the whole building, or just one floor?),
this determines the number and location of unisex accessible toilets.
·
Australian
Standard 1428.1, Design for access and mobility, Part 1: General requirements
for access—New building work and Australian
Standard 1428.2, Design for access and mobility, Part 2: Enhanced and
additional requirements—Buildings and facilities: These prescribe the
design and fit out requirements for accessible toilets.
·
Disability
Discrimination Act (DDA) 1992: What are the potential legal ramifications
and penalties of not providing suitable accessible facilities?
The Premises Standards were developed in response to
complaints based on the DDA to the Australian Human Rights Commission
identified a significant gap between anti-discrimination law and building law
in Australia. The aim of the Premises Standards is to ultimately ensure
consistency between building law and the DDA. The trigger for the requirements
of the Premises Standards being evoked is new building work that requires
approval, including renovations.
A common refrain from clients is “I don’t need to provide
accessible facilities. None of my employees are disabled, neither are my
customers, and that’s not going to change.” But what if your best employee or
most valuable client has a serious skiing injury? The point is that situations
can change, serious accidents can happen, and providing appropriate facilities
is an important element in being prepared for such life events.
And yes, providing an accessible toilet can be a big
expense. At a typical 6 square metres in size, that area equates to around
$3500 a year in rent just for one toilet at average Sydney commercial prices.
For space in prestigious CBD retail environments, it could be as much as $50000
a year!
But the cost of not complying with various codes can be even
greater. Resubmitting plans to council again and again is costly, not to mention
stressful and time consuming. Legal action if somebody makes a complaint
against you for not providing an accessible facility is even more expensive.
Taking
proactive action to upgrade your building to meet the Premises Standards can
protect your business from complaints based on the DDA. It also provides
protection against the reputational firestorm that can quickly spread on social
media, even if a formal complaint is not lodged, which can potentially lead to
loss of sales and business partnerships.
Improving access to buildings for people with disabilities
helps to ensure the greatest possible participation in the social and economic
development of the community. Surely that’s worth some additional rental costs?
