Property problems: Who pays for providing wheelchair access?

Q: Are businesses that are visited by the public required to provide wheelchair access where the need for wheelchair access only applies to part of the building used by a sub-tenant? If so, who is responsible: the owner of the building, the company leasing the building or the tenants who are renting a portion of the property?

A: The Building Act 2004 sets the accessibility standards for buildings.

The act does not impose accessibility requirements on those built before the act came into force. However, the act does come into play where the building or part of the building is being altered.

The act applies to an existing building that is not accessible by wheelchair if it is a building to which members of the public are admitted and the owner has decided to renovate or alter.

Schedule 2 of the act sets out a non-exhaustive list of those buildings in respect of which there is a requirement to provide access and facilities for persons with disabilities. It will assist you in determining whether your building is a public building and subject to the requirements of the act.

The Building Code will apply to alterations. It provides that access routes must ensure that people with disabilities are able to enter and carry out normal activities and functions within buildings.

At least one access route must have features to enable people with disabilities to approach the building from the street boundary or, where required to be provided, the building car park; have access to the internal space served by the principal access; and have access to and within those spaces where they may be expected to work or visit, or which contain facilities for personal hygiene as required.

Although some buildings are exempt, a commercial building such as yours will need to comply.

With regard to alterations to a building, if a building is being altered the act places a duty on the authorities not to grant building consent for the alteration unless satisfied that after the alteration the building will comply as nearly as is reasonably practicable with those provisions of the Building Code that relate to access and facilities for persons with disabilities.

Provided your building is one in which members of the public are to be admitted and falls within the act, reasonable and adequate provision must be made for persons with disabilities, who may be expected to visit or work and carry out normal activities and processes in that building.

Accordingly, adequate provision must be given to access, parking and sanitary facilities.

Compliance with the code may be waived in certain circumstances.

You have noted in your question that the need for wheelchair access only applies to that part of the building used by the sub-tenant. In this regard, we note that when altering a building, the obligation to comply with the accessibility requirements of the code is applicable to the entire building even though only part of the building may be open to the public and therefore subject to the act.

The territorial authority does, however, have discretion to waive the requirement for compliance in respect of part of the building in certain circumstances.

The owner of the building must apply for a building consent.

The owner includes a freehold owner and the holder of a leasehold interest.

The obligation to provide wheelchair access is therefore likely to fall on the person undertaking the works.

Who is ultimately responsible for the costs associated with access and facilities for persons with disabilities will depend on the terms of the lease.