The purpose of the Premises Standards (and corresponding changes to the Building Code of Australia and State / Territory Building Law) is: 

• To ensure that dignified, equitable, cost-effective and reasonably achievable access to buildings, and facilities and services within buildings, is provided for people with disability, and
• To give certainty to building certifiers, developers and managers that if standards are complied with they cannot be subject to a successful complaint under the DDA in relation to those matters covered by the Premises Standards.

1.  General Application

The Premises Standards will apply to all new buildings and to extensions or additions to existing buildings.

In most circumstances it will also be necessary to provide an accessible path of travel from the principal public entrance to the new or modified part of an existing building.

2.  Physical Elements

Physical revisions or changes will be made in certain areas including:

• Access and egress
• Signage
• Lift installations
• Sanitary and other facilities

3.  Exemptions

There are exemptions to compliance with the Premises Standards such as in cases of unjustifiable hardship.

Unjustifiable hardship is not defined in the Act or in the Premises Standards and therefore is dependant on the specific circumstances in each case.

The Premises Standards provides a list of factors that may be taken into account in determining whether there is an “unjustifiable hardship” including cost, loss of value, and impact on revenue, technical building factors and benefits of access.

It is highly unlikely that the mere imposition of additional cost is sufficient to find an unjustifiable hardship.

4.  Compliance

Compliance will be achieved principally through the normal building certification process and therefore if buildings are designed and constructed according to the requirements of the revised BCA, compliance with the Premises Standards and the Act should be achieved.

5.  Non Compliance

The Premises Standards do not specifically set out penalties or consequences for failure to comply. However, there are likely to be a number of serious consequences including:

• Inability to obtain building approval if non compliant with the Premises Standards; and
• Where the premises is constructed, the possibility of a claim of discrimination.

Contact

If you want further information on how these new Disabled Access Standards will apply to your new constructions, building works or alterations, or any other Napier & Blakeley services please contact any of our offices below:

Melbourne – Rob Howells
03 9915 6300
rhowells@napierblakeley.com

Sydney – Gavin Peach
02 9299 1899
gpeach@napierblakeley.com

Napier & Blakeley services:

• Technical Due Diligence
• Capital Expenditure Planning
• Quantity Surveying
• Strategic Asset Management
• Building & Sustainability Consulting
• Property Depreciation