When is a Disability Access Certificate required?

A Disability Access Certificate is required in respect of the following works to buildings other than dwellings (but including apartment buildings), in so far as the Requirements of Part M apply and which commence or take place on or after 1 January 2010;

(a) works in connection with the design and construction of a new building,

(b) works in connection with the material alteration of—

(i) a day centre,

(ii) a building containing a flat,

(iii) a hotel, hostel or guest building, or

(iv) an institutional building, or

(v) a place of assembly, or

(vi) a shopping centre,

but excluding works to such buildings, consisting solely of minor works,

(c) works in connection with the material alteration of a shop, office or industrial building where —

(i) additional floor area is being provided within the existing building, or

(ii) the building is being subdivided into a number of units for separate occupancy,

(d) works in connection with the extension of a building by more than 25 square metres,

(e) a building as regards which a material change of use takes place, (see note below)

It should be noted in this context, that the Requirements of Part M 2000

• apply to all works in connection with a material alteration or an extension, without requiring any further work to the existing building1,2.

• do not apply to a material change of use, except where a material alteration or extension is associated with the material change of use, in which case refer to the previous point3.

1 Article 11 of the Building Regulations 1997-2008 also stipulates the Regulations apply to every part of a buildings affected by the material alteration or extension but only to the extent of prohibiting any works which would cause a new or greater contravention, in such building.

2 Part M does not apply to works in connection with extensions to and the material alterations of existing dwellings, provided that such works do not create a new dwelling.

3 The Requirements of Part M 2010 due to commence on 1 January 2012 amended Article 13 to include the application of Part M to certain material changes of use. It also amended Article 11 of the Building Regulations to extend the definition of a Material Alteration to include Part M.

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