Disability Access & Equality Act Guide for Blocks of Flats
A comprehensive guide to disability access requirements, Equality Act 2010 compliance, and reasonable adjustments for residential blocks of flats. Understand managing agent obligations, accessible common parts standards, fire evacuation procedures for disabled residents, and how service charge funds are used to deliver accessibility improvements in your building.
Equality Act 2010 Obligations for Managing Agents and Freeholders
The Equality Act 2010 is the primary legislation governing disability access in England and Wales. It replaced and consolidated the Disability Discrimination Act 1995 and introduced a single, unified framework for protecting disabled people from discrimination. For managing agents and freeholders of residential blocks of flats, the Act imposes a duty to make reasonable adjustments to the common parts of the building where a disabled person would otherwise be placed at a substantial disadvantage.
The duty is anticipatory, which means that managing agents should not wait for a specific complaint or request before taking action. Instead, they should proactively assess the accessibility of the building and plan for the needs of disabled residents in general. This includes considering physical barriers, communication barriers, and policies or practices that may disadvantage disabled people. The duty extends to all common parts of the building, including entrances, hallways, stairwells, lifts, car parks, bin stores, and communal areas.
Failure to comply with the Equality Act 2010 can result in a claim for discrimination being brought to the county court. Managing agents should ensure that their health and safety processes include regular accessibility reviews and that they respond promptly and constructively to any request for adjustments from a disabled resident.
The Reasonable Adjustments Duty
The reasonable adjustments duty is at the heart of the Equality Act 2010 as it applies to residential buildings. Where a physical feature of the building, or the way a service is provided, places a disabled person at a substantial disadvantage compared to a non-disabled person, the managing agent or freeholder must take reasonable steps to remove or reduce that disadvantage. The adjustments must be effective, proportionate, and practicable.
Ramps and Level Access
One of the most common reasonable adjustments for blocks of flats is the installation of ramps or level access at entrances. Where steps at the main entrance prevent wheelchair users or those with mobility impairments from entering the building independently, a ramp may be required. The ramp must comply with relevant gradient and width standards and should be designed to be safe for all users. Where a permanent ramp is not practicable due to the building's design or conservation restrictions, a portable or temporary ramp may be an acceptable alternative.
Handrails and Grab Rails
Installing handrails along corridors, stairwells, and at changes of level is a straightforward adjustment that can significantly improve accessibility for residents with mobility difficulties. Handrails should be continuous, easy to grip, and contrast visually with their surroundings. Grab rails near entrance doors and in communal WC facilities also help residents with balance or strength impairments.
Automatic and Power-Assisted Doors
Heavy fire doors and entrance doors can be a significant barrier for wheelchair users, elderly residents, and those with limited upper body strength. Replacing manual doors with automatic or power-assisted doors is a common adjustment in blocks of flats. These doors must still comply with fire safety requirements and should be fitted with appropriate hold-open devices linked to the fire alarm system where necessary.
Improved Lighting
Adequate lighting in common parts is essential for residents with visual impairments and for reducing trip hazards for all residents. Improvements may include increasing light levels in corridors, stairwells, car parks, and entrance areas, ensuring even illumination without dark spots, and installing contrasting nosings on stair treads. Lighting improvements are generally low-cost and can be carried out as part of routine maintenance schedules.
Common Parts Accessibility
The common parts of a block of flats are the areas that all residents share, including entrances, hallways, corridors, stairwells, lifts, car parks, bin stores, and communal gardens. Ensuring that these areas are accessible to disabled residents is a legal obligation under the Equality Act 2010 and a matter of good building management practice.
Lifts
Where a building has a lift, it must be accessible to all residents, including wheelchair users and those with visual or hearing impairments. Lift controls should be at a height accessible from a wheelchair, and should include tactile numbering and Braille for residents with visual impairments. Audible floor announcements and visual indicators assist residents with hearing or sight difficulties. Regular lift maintenance is essential to ensure that the lift remains available and reliable, as lift breakdowns disproportionately affect disabled residents who cannot use the stairs.
Corridors and Hallways
Corridors and hallways should be kept clear of obstructions and maintained to a standard that allows safe passage for all residents, including those using wheelchairs, mobility scooters, or walking aids. Minimum clear widths should be maintained, and floor surfaces should be level, even, and non-slip. Contrast between walls, floors, and doors helps residents with visual impairments to navigate safely. The communal area rules should prohibit the storage of personal items in corridors, as these create obstacles that are particularly hazardous for disabled residents.
Entrances and Car Parks
Main entrances should provide level or ramped access and be fitted with doors that can be operated by residents with limited mobility or dexterity. Door entry systems should be at an accessible height and include both visual and audible elements. Car parks should include designated accessible parking bays that are wider than standard bays, located close to the building entrance, and clearly marked. Routes from the car park to the entrance should be level, well-lit, and free from trip hazards.
Building Regulations and Accessible Design Standards
Part M of the Building Regulations sets out the minimum accessibility standards for new buildings and for existing buildings undergoing material alterations or a change of use. Part M covers access to and use of buildings, including requirements for level approaches, suitable entrance door widths, accessible circulation routes, and adequate provision of accessible WC facilities.
For new residential developments, Part M introduces three categories of accessibility. Category 1 (M4(1)) sets baseline requirements for visitable dwellings. Category 2 (M4(2)) sets standards for accessible and adaptable dwellings, which must be designed so that they can be easily adapted to meet the changing needs of occupants over time. Category 3 (M4(3)) covers wheelchair user dwellings, which are designed from the outset to be fully accessible to wheelchair users. Local planning authorities can require Category 2 or 3 standards through planning conditions.
While Part M applies primarily to new construction and major alterations, its standards provide a useful benchmark for managing agents planning accessibility improvements to existing buildings. When carrying out major works to the common parts, managing agents should consider whether the works provide an opportunity to improve accessibility in line with Part M standards. This may include widening doorways, improving threshold detailing, or upgrading lighting and signage during a planned refurbishment programme.
Service Charge Implications of Accessibility Improvements
The cost of accessibility improvements to the common parts of a block of flats is typically recovered through the service charge. Whether a particular improvement can be charged to leaseholders depends on the terms of the lease, which usually permits the freeholder or managing agent to recover costs for the repair, maintenance, and improvement of the building and its common parts.
Where the cost of an accessibility improvement exceeds the statutory threshold, the managing agent must follow the Section 20 consultation process before the costs can be passed on to leaseholders. This requires a notice of intention, an opportunity for leaseholders to nominate contractors, and a notice of the managing agent's proposals before the work is commissioned. Failure to consult properly limits the amount that can be recovered from each leaseholder to the statutory cap. For a detailed guide to this process, see our major works guide.
Managing agents should plan accessibility works carefully and budget for them through the reserve fund or sinking fund where possible, to avoid the need for large one-off demands. Phasing improvements over several years can make the costs more manageable for leaseholders while ensuring that the building meets its legal obligations. The service charge guide explains how service charge budgets are structured and how major expenditure can be planned and funded.
Fire Evacuation Procedures for Disabled Residents
Fire safety for disabled residents requires specific planning beyond the standard provisions for a block of flats. The Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021 require the responsible person for the building to carry out a fire risk assessment that takes account of the needs of all residents, including those with disabilities. The fire safety guide provides a full overview of fire safety obligations for residential buildings.
Personal Emergency Evacuation Plans (PEEPs)
A Personal Emergency Evacuation Plan (PEEP) is an individual plan for a resident who may need assistance to evacuate the building in an emergency. PEEPs are tailored to the specific needs of each individual and set out the assistance, equipment, and routes required for safe evacuation. They should be developed in consultation with the resident and reviewed regularly. PEEPs may cover wheelchair users, residents with mobility impairments, those with visual or hearing impairments, and residents with cognitive or learning disabilities.
Evacuation Equipment and Refuges
Buildings with upper floors that are not served by a fire-rated lift should have designated refuge areas where disabled residents can wait safely for assistance during an evacuation. Evacuation chairs should be available at stairwells for residents who cannot descend stairs unaided. Staff or designated volunteers should be trained in the use of evacuation equipment, and regular drills should be conducted to ensure that PEEPs are effective and that all parties understand their roles.
Stay Put Policy and Disabled Residents
Many blocks of flats operate a stay put policy, under which residents whose flats are not directly affected by a fire are advised to remain in their homes. While this policy is based on the compartmentalisation of the building, the fire risk assessment must consider what happens if a disabled resident needs to evacuate when the stay put policy is overridden. The responsible person must ensure that there are adequate plans and resources in place for a full building evacuation, including for residents who cannot evacuate independently.
Communication Accessibility
Communication accessibility is an often-overlooked aspect of disability access in blocks of flats. The Equality Act 2010 requires that information and communication methods do not disadvantage disabled residents. This applies to how the managing agent communicates with residents and to the communication systems installed within the building.
- Hearing loops or induction loops at door entry intercom systems for residents with hearing aids
- Visual fire alarms (flashing beacons or strobes) in common parts for residents with hearing impairments
- Vibrating alert devices for individual flats to supplement audible fire alarms
- Large print, Braille, or audio format versions of building notices, AGM minutes, and service charge demands
- Accessible digital communications, including emails and online portals that comply with WCAG guidelines
- Clear and tactile signage throughout common parts, including floor numbers, flat numbers, and directional signs
- Accessible door entry systems with both visual and audible components at a height suitable for wheelchair users
- Regular review of communication methods to ensure they remain accessible as technology and resident needs change
Managing agents should audit their communication practices regularly and ensure that all residents can receive and respond to important information about their building. The cost of communication accessibility improvements to common parts is recoverable through the service charge, and many adjustments, such as providing information in alternative formats, have minimal cost implications.
How Block Supports Disability Access
At Block, we take our Equality Act 2010 obligations seriously and work proactively to ensure that the buildings we manage are accessible to all residents. Our approach to disability access is integrated into every aspect of our management service, from routine inspections to long-term planning.
- Regular accessibility audits of common parts to identify barriers and plan improvements
- Development and review of Personal Emergency Evacuation Plans (PEEPs) for disabled residents
- Coordination with contractors to ensure that maintenance and improvement works meet accessibility standards
- Advice on Part M Building Regulations compliance when planning major works or refurbishments
- Budgeting for accessibility improvements through the service charge and reserve fund
- Responding promptly and constructively to reasonable adjustment requests from residents
- Training for on-site staff in disability awareness and the use of evacuation equipment
- Liaison with local authorities on Disabled Facilities Grants and other funding sources
Our team works closely with directors, freeholders, and residents to deliver accessibility improvements that are effective, proportionate, and properly funded. For more information about our management services and our approach to health and safety compliance, please get in touch.
Frequently Asked Questions About Disability Access in Blocks of Flats
What are a managing agent's obligations under the Equality Act 2010?
Under the Equality Act 2010, managing agents and freeholders have a duty not to discriminate against disabled residents and to make reasonable adjustments to common parts of residential buildings. This means that where a physical feature of the building, or the way a service is provided, places a disabled person at a substantial disadvantage compared to a non-disabled person, the managing agent must take reasonable steps to remove or reduce that disadvantage. The duty applies to all common parts including entrances, hallways, corridors, lifts, stairwells, car parks, and communal gardens. Managing agents must also ensure that policies and practices, such as rules about the use of communal areas, do not indirectly discriminate against disabled residents. The obligation is anticipatory, meaning managing agents should plan for the needs of disabled people in general rather than waiting for a specific request. Failure to comply can result in a claim to the county court for discrimination.
What are reasonable adjustments for blocks of flats?
Reasonable adjustments for blocks of flats are modifications to the physical environment or the way services are delivered that remove or reduce barriers faced by disabled residents. Examples include installing ramps or level access at entrances, fitting handrails along corridors and stairwells, replacing heavy manual doors with automatic or power-assisted doors, improving lighting in hallways and car parks, installing hearing loops at entry intercoms, adding tactile indicators at steps and changes of level, and ensuring lift controls are accessible to wheelchair users and those with visual impairments. The adjustments must be reasonable, which means a balance must be struck between the effectiveness of the adjustment, the cost involved, the resources of the building, and the impact on other residents. What is considered reasonable will vary from building to building depending on its size, age, design, and the financial position of the service charge fund.
Who pays for disability access improvements in a block of flats?
The cost of disability access improvements in a block of flats is typically met through the service charge, provided the lease permits expenditure on the relevant type of work. Where the improvement relates to the common parts of the building and falls within the managing agent or freeholder's repairing and maintenance obligations under the lease, the costs can be recovered from all leaseholders as part of the service charge. If the improvement constitutes major works exceeding the statutory threshold, the Section 20 consultation process must be followed before costs can be passed on. In some cases, individual leaseholders who require specific modifications to their own flat or its immediate access may fund those works themselves, although they may need the freeholder's consent under the terms of the lease. Government grants such as the Disabled Facilities Grant may also be available to assist with the cost of adaptations for individual residents, and local authorities can provide guidance on eligibility.
Do blocks of flats need to have accessible entrances?
There is no blanket legal requirement for all existing blocks of flats to have fully accessible entrances, but the Equality Act 2010 imposes a duty to make reasonable adjustments where an existing entrance places disabled residents at a substantial disadvantage. For new buildings and those undergoing significant renovation, Part M of the Building Regulations sets out minimum accessibility standards for entrances, including level or ramped access, adequate door widths, and suitable threshold detailing. For existing buildings, the duty to make reasonable adjustments may require the installation of a ramp alongside existing steps, the fitting of automatic door openers, or improvements to lighting and signage at entrances. The key test is reasonableness: the nature of the building, the practicality of the adjustment, the cost involved, and the resources available through the service charge will all be considered. Managing agents should carry out accessibility audits of common parts to identify barriers and plan improvements proactively.
What fire safety provisions are needed for disabled residents?
Fire safety provisions for disabled residents in blocks of flats must go beyond standard fire safety measures to ensure that all residents can evacuate safely or be kept safe in the event of a fire. Under the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021, the responsible person for the building must carry out a fire risk assessment that specifically considers the needs of disabled residents. This includes the development of Personal Emergency Evacuation Plans (PEEPs) for residents who may have difficulty evacuating unaided, such as wheelchair users, those with mobility impairments, visual or hearing impairments, or cognitive disabilities. PEEPs set out the specific assistance and equipment needed to evacuate each individual safely. Buildings should also have visual fire alarms and vibrating alert devices for residents with hearing impairments, evacuation chairs or refuges on upper floors for those unable to use stairs, clear and tactile signage indicating escape routes, and emergency lighting that meets the needs of those with visual impairments.
Can leaseholders request modifications for disability access?
Yes, leaseholders can request modifications for disability access under the Equality Act 2010. Where a disabled leaseholder needs a modification to the common parts of the building in order to access or use their home, they can request the managing agent or freeholder to make a reasonable adjustment. The managing agent or freeholder must consider the request and, if the adjustment is reasonable, must carry it out. If the modification relates to the leaseholder's own flat, such as widening internal doorways or installing a wet room, the leaseholder will typically need to seek the freeholder's consent under the terms of the lease. Under the Equality Act 2010, it would be unlawful for the freeholder to unreasonably refuse consent for a modification that a disabled leaseholder needs. The leaseholder may be required to meet the cost of modifications within their own demise, while the cost of modifications to common parts would normally fall to the service charge. Leaseholders should put their request in writing and provide details of their disability and the adjustment needed.
Need Help With Disability Access Compliance?
Whether you need advice on Equality Act 2010 obligations, help planning reasonable adjustments for your building, guidance on fire evacuation procedures for disabled residents, or support with budgeting for accessibility improvements through the service charge, Block is here to help. Our experienced team manages disability access compliance across hundreds of residential buildings nationwide.