The cost of adapting a building to comply with the Disability Discrimination Act is averaging at around £20,000, and that cost is being shouldered not, as the government intended, by businesses, but more likely by their landlords.
That is the verdict of Graham Bennett, a partner and commercial property specialist with the Solent office of national law firm Shoosmiths.
He explains, "The legislation was introduced with the responsibilities falling on the 'service provider'. This was intended to be primarily the occupier and not the owner of a property.
"In reality in the current market the tenant is king, and the landlords are at risk of having to foot the bill for these changes - and the costs are significant."
It is predicted that the national bill for compliance will run in excess of £1 billion. The buildings have to be made accessible by 2004 and those that do not comply with their duties under the Act may face claims for unlawful discrimination.
"Rent reviews are repeatedly throwing up reductions in rent for DDA compliance work, and arbitrators are accepting this as a sound argument," says Mr Graham.
"Property owners should assess their portfolios and calculate potential liabilities. They should also be reviewing their properties now so any changes can be made in a cost-effective and controlled way well in advance of the 2004 deadline date. Anyone currently looking to buy a property must also seriously consider the costs of compliance."
The government is committed to improving access for disabled people including a number of groups such as the elderly and parents with young children in pushchairs. It is estimated that there are approximately 8.5m people covered by the Act, representing around 15 per cent of the population.
"The practicalities of this Act are not as was intended by government and property owners must take the practical and cost implications of the DDA seriously," concludes Mr Graham.
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