Bernard J. Durkan
Question:376 Mr. Durkan asked the Minister for the Environment and Local Government the extent to which wheelchair access is provided in all public buildings at present; and if he will make a statement on the matter. [17851/02]
Written Answers. - Services for People with Disabilities.
Since 1 June 1992, under part M of the building regulations, persons constructing new public buildings or extending existing public buildings, whether publicly or privately owned, are obliged to provide access for people with disabilities.
The provision of access facilities for disabled people in existing buildings is a matter for their owners and occupiers. On a number of occasions my Department has asked Departments and local authorities to ensure appropriate provision is made for access facilities for disabled people to all buildings under their control.
Amendments to part M came into effect on 1 January 2001 and all new dwellings must be accessible by people with disabilities. The new provisions also place more stringent requirements regarding access for disabled people on new or extended non-residential buildings. This includes places of employment and leisure, hotels and cinemas. Such access must be adequate and not just reasonable.
Compliance with the building regulations is primarily a matter for the owners, designers and builders of the buildings involved. My Department published an updated technical guidance document M, 2000 edition, which details how to comply with the requirements of the amended part M.
Local building control authorities are responsible for monitoring and enforcement of compliance with the regulations. Under the regulations, the authorities are empowered to inspect public buildings, issue enforcement notices for non-compliance with the regulations and initiate court proceedings. Given the primary responsibility of developers for ensuring compliance, it has always been envisaged that direct enforcement by building control authorities should be selective. The current enforcement target is that authorities would physically inspect 12% to 15% of developments in their functional areas.
The careful selection by clients of competent building professionals and contractors should help to ensure that buildings are designed and constructed in accordance with the regulations.
My Department does not have statistics on the number of instances where it has been determined, by the local building control authority or the courts, that Part M has not been complied with in the case of privately or publicly owned buildings.
Since 1997 my Department has urged local authorities to more actively enforce all parts of the building regulations, including part M. Circulars BC7/99 of 17 June 1999 and BC7/2002 of 12 February specifically called for stricter enforcement of Part M. The appointment of building control officers was also sanctioned where necessary and building control fees were increased to fund stricter local enforcement. At present more than 90% of authorities are carrying out inspections; more than 80% of authorities have achieved the target level of inspection, 12%-15% of developments and the remaining authorities have been requested to achieve the agreed target.