Location and design are not the only considerations when it comes to commercial premises. Today, accessibility and inclusivity are just as important. The Equality Act 2010places a legal duty on landlord, developer and occupiers to ensure that their premises are accessible, and do not place users at a disadvantage.
What are the implications of the Equality Act for commercial property?
The Equality Act simply insists that landlords, developers and occupiers do not discriminate, and where possible, make “reasonable adjustments” to ensure that no-one is placed at a disadvantage. More specifically:
- Discrimination, harassment and victimisation are prohibited in the disposal, management and occupation of premises, for instance treating a tenant less favourably due to a disability in property management would constitute direct discrimination;
- Owners and managers are required to make reasonable adjustments where possible, in order to accommodate disabled individuals. This includes the duty to mitigate substantial disadvantages faced by disabled people in accessing goods or facilities provided at the premises.
This is particularly relevant in two contexts:
- The service industry: shops, restaurants, and similar businesses must ensure that customers can easily access their premises and services.
- Lettings and management: landlords must not impose unfair terms or refuse to let because of a protected characteristic and may also need to permit or adjust premises.
What are the duties of landlords and tenants under the Equality Act?
There are multiple aspects that both landlords and tenants must consider when complying with their duties under the Equality Act, for instance:
- Accessible toilets and washrooms;
- Service counters or meeting spaces suitable for wheelchair users;
- Parking arrangements or access routes; and
- Step-free access into and around buildings.
Who is responsible for compliance?
Responsibility often depends on the lease. In some cases, landlords must allow tenants to make adaptations, with tenants covering the cost. Tenants should consider any potential changes they need to make at the negotiation stage, as the provisions in the lease relating to alterations may require consideration. In others, the landlord may bear the obligation. Clear lease drafting is therefore critical to avoid disputes and ensure compliance.
What are the risks of non-compliance?
Failure to meet the duties awarded by the Equality Act can lead to:
- Legal claims for discrimination;
- Reputational harm for businesses that are seen as inaccessible; and
- Reduced marketability as inaccessible properties are less attractive to tenants, particularly larger businesses with their own equality obligations.
What are the benefits of ensuring compliance?
Properties designed with the Equality Act in mind can allow for a wider tenant base, with more accessible properties appealing to more businesses and customers. This also ensures that the property is future proof, with the property already meeting accessibility standards being better prepared for future regulation.
Key takeaways for businesses.
To make the most of the opportunities awarded by the Equality Act, and most importantly to reduce risks, consider:
- Auditing your premises to identify any barriers to inclusivity;
- Factor accessibility into any refurbishments and new developments; and
- Engage with tenants and customers to receive feedback on where improvements can be made.
Conclusion
The Equality Act 2010 sets out clear duties for landlords, developers, and occupiers, but it also creates opportunities. By treating accessibility as a central part of property strategy, not just a compliance exercise, businesses can enhance their reputation, expand their reach, and protect long-term value.
Get in touch
If you would like assistance with commercial leases, sales, or purchases, please contact Tamsin Mann (Partner) or Annalisa Marsay (Trainee Solicitor). You can reach Tamsin by email at tamsin.mann@murrellslaw.com. You can contact Annalisa by email at annalisa.marsay@murrellslaw.com.
