Although Part M of the Building Regulations is essential reading for every access group, it should be realised that good access can only be achieved by attention to detail.

Limited guidance is provided regarding elements such as wayfinding, visual contrast, fixtures and fittings. It is important to keep a watchful eye over these elements, because this is beyond the duty of the Building Control Officer.

If the Building Control Officer in your local authority is also the Access Officer, he or she may extend the range of duties beyond the constraints of the Building Regulations and adopt a wider view. They will be able to advise developers of specific needs of potential users of their buildings. Make sure your access group is aware of the legal boundaries of Part M, but encourage the developer to aim for best practice rather than just minimum standards.

In certain situations, it may be possible to challenge any areas not covered in Part M by using the DDA Part 3 duties (to remove physical barriers to services). Even if a building meets the requirements of Part M at the time it is contructed, this does not automatically mean the service provider will meet their duties under the DDA – Part 3 of the DDA is about access to services, not access to buildings.

Ten-year exemption

There is a 'ten-year exemption' set out in the Building Regulations. A service provider providing services from a building will not have to make alterations or adjustments to physical features which accord with Approved Document M if ten years or less have passed since their construction or installation.

The former Disability Rights Commission produced guidance on the ten-year Part M exemption rule, and whether or not a service provider needs to make additional changes under the DDA duties. The ten-year rule is very narrow in scope, so any claims made under the exemption should be closely examined. This document, entitled Claims about physical barriers to access, can now be downloaded from the Equality and Human Rights Commission's website.