The Planning system primarily deals with considering the appropriate location, impact on the wider environment, form and phasing of development. The purpose of the Building Regulations is primarily to protect the health, safety and welfare of people in and around buildings. While both codes deal with the built environment, they have interrelated but separate roles. The design and construction of buildings is regulated under the Building Control Acts 1990 to 2020. The Act provides for the making of Building Regulations and Building Control Regulations.
The Building Regulations 1997-2019 set out minimum standards for the design and construction of buildings and works to ensure the health and safety of people in and around such buildings. In this context, the Building Regulations (Part M Amendment) Regulations 2010, and the accompanying Technical Guidance Document M – Access and Use (2010), which came into effect on 1 January 2012, set out the minimum statutory requirements that a building must achieve in respect of access. Where works are carried out in accordance with TGD M, this will, prima facie, indicate compliance with Part M of the Second Schedule of the Building Regulations.
Part M of the Building Regulations aims to foster an inclusive approach to the design and construction of the built environment. While the Part M requirements may be regarded as a statutory minimum level of provision, the accompanying technical guidance encourages building owners and designers to have regard to the design philosophy of universal design and to consider making additional provisions where practicable and appropriate.
Housing needs of people with disabilities are addressed in the National Housing Strategy for People with a Disability (NHSPWD). A new NHSPWD, is currently being developed by my Department and the Department of Health, with a view to publishing by the end of 2021. The strategy is about facilitating the provision of housing options and related services to disabled people to allow individual choice and support independent living.
In accordance with the vision and strategic aims of the current NHSPWD to achieve a coordinated and integrated approach to meeting the housing needs of people with a disability at local level, Housing and Disability Steering Groups (HDSGs) have been established in all local authority areas. These are chaired by the Directors of Housing with membership including the Health Service Executive (HSE) and disability representatives.
Each HDSG has prepared a local Strategic Plan for its own City/County area, to develop specific local strategies to meet the identified and emerging housing needs of people with disabilities in their areas with a view to developing annual targets for the delivery of housing to people with a disability on their housing waiting lists.
Separately, Action 97 of the National Disability Inclusion Strategy 2017-2021 states – “We will prepare policy advice on ways of achieving universal design solutions for new housing so that new homes can be accessed and used by all persons, irrespective of size, age, ability or disability. We will advise on any implications of same for stakeholders including designers, builders, homeowners and tenants.”
I understand that the National Disability Authority (NDA), which falls under the remit of my colleague, the Minister for Children, Equality, Disability, Integration, and Youth, is working on this policy advice and associated estimate of costs on ways of achieving universal design solutions in new housing.
The NDA also provides comprehensive guidance on how to design, build and manage buildings and spaces so that they can be readily accessed and used by everyone, regardless of age, size, ability or disability. 'Building for Everyone, A Universal Design Approach', a NDA publication, may be accessed at www.nda.ie.
The ‘Programme for Government Our Shared
Future’ commits to ensuring that there is an appropriate mix of housing design types provided, including universally designed units, and accommodation for older people and people with disabilities.
In addition, the joint policy statement Housing Options for Our Ageing Population, launched by my Department and the Department of Health in 2019, includes an Action on universal design to “In partnership with industry, introduce measures to ensure that over a five year period delivery is increased to ensure that 30% of all new dwellings are built to incorporate universal design principles to accommodate our ageing population.” Appropriate measures to deliver on this commitment are currently being formulated by my Department.
