Parliament has decided that all those providing goods, facilities or services to the public and those selling, letting or managing premises have a legal duty to make "reasonable adjustments", not only to the way they provide their services, but to the physical features of their premises.
Put another way, the smart builder with a quality approach to small works might do well to think about a niche market in which their business might thrive.
The Disability Discrimination Act 1995 came into force, in part, two-and-a-half years ago.
On 1 October this year, a new bit goes legal; in 2004, the final bit bites. Every designer of buildings, every builder of buildings, every adapter of buildings, together with all those business folk who occupy buildings, are now asked ever so politely to forthwith design or build or adapt their premises so that the sufferer of angina or asthma or cerebral palsy receives no less favourable treatment than any other member of the public.
Just because the building doesn't have to be adjusted until 2004, don't hang around. The Department for Education and Employment asks you to get weaving now: "It makes sense for service providers to plan ahead by taking any opportunities which arise for bringing forward plans to make alterations to their premises to benefit disabled people before 2004."
The rules are clear. If you provide any kind of service to Joe or Josephine Public, ask a few questions about your building. Does the design or construction or access or even approach to it make things difficult or impossible for disabled folk to use your service?
The duty to improve the service lies with the service provider. A bank's cash machine at the supermarket will have to be designed for the disabled, and the supermarket will have to ensure the building itself is adapted so that disabled people can use the premises.
Services not expressly for the public, such as private clubs, are exempt. A pity, as I know a few builders who like these clubs
The term "disabled" applies to any person likely to use the business services who has a physical or mental impairment that affects their ability to carry out normal day-to-day activities. The disability, however, must be substantial, adverse and long term (more than one year). This includes hidden impairments such as mental health problems.
You will have to take into account how these people interact with a wide range of features, including fixtures, fittings, furnishings, furniture and equipment. The recommendations even cover relatively minor improvements, such as fixing larger signs to walls. And all this goes for services in, but not limited to, local councils, hotels, banks, solicitors, courts, theatres, surgeries, hairdressers, pubs, places of worship and playgroups, voluntary or not. Even market stalls are not exempt.
So, how strict are the new rules? Not all service providers will need the help of your friendly builder's small works department. The act requires them to do only what is "reasonable in all the circumstances".
This means looking at the size or nature of a business and asking what can reasonably be done to make every aspect accessible to disabled people. So, it will be unlawful for a small shop not to make reasonable adjustments for wheelchairs. A cinema is obliged to make arrangements for, say, a sight-impaired person to sit close to the front, with room for a guide-dog. Cost plays a part. And services that are not expressly for the public, such as genuine private clubs for private clients (whatever they may be), are exempt. This is a pity, really, because I know one or two builders who like these types of club. On the other hand, a golf club would be exempt most of the time, since it is usually a private establishment, but it would have to conform were it to let its club house for a public function such as a wedding.
Discrimination is often unintentional, stemming from lack of awareness about disability. Service providers may easily assume that they cannot cope with a disabled person or that their service would be of no interest or benefit to them.
The DFEE reminds us that these 8 million-plus people have considerable collective spending power; minor building improvements and a little thought will gain many more customers.
Postscript
Tony Bingham is a barrister and arbitrator specialising in construction.