Disability Access – increased impact and spread

There are exemptions for unjustifiable hardship although there are questions as to how this exemption is to be applied and in what venue or jurisdiction the exemption can be sought.

Lessees submitting applications for approval for new work relating only to their premises do not need to comply with the Access Code provided that they are not the only lessee of the building and their works do not affect other parts of the building. Lessees should be aware of these obligations when negotiating and entering into new leases.

Existing Buildings that are not undergoing any alterations or change of use are not required to be upgraded to comply with the BCA 2011.

Owners and occupiers should be aware that notwithstanding the Access Code requirements, they can still be subject to a complaint under the Disability Discrimination Act 1992 as it is unlawful for a person to discriminate against another person on the ground of the other person's disability in relation to the provision of means of access to premises.

There will undoubtedly be a period of uncertainty and builders, designers, architects, building owners, developers, lessees and building certifiers will all be taking careful note and advice from access consultants in order to comply with the new Access Code.

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• Disability Access – increased impact and spread

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