Building regulations and the Equality Act impose different requirements. An accessible-looking toilet or compliance with one drawing detail does not by itself resolve the whole access question. [1][2][3]
Start with the scope of the building work
Approved Document M, Volume 2 provides guidance for buildings other than dwellings. Its application includes new buildings, relevant extensions and alterations, and specified material changes of use. The extent of work to an existing building matters; not every refurbishment automatically requires the whole property to be rebuilt as new. [1]
However, an existing building is not a blanket exemption. Consider the applicable requirements and whether the proposed work would make access or use less satisfactory. A new partition, counter or doorway can affect a route even where the project is described as a small fit-out. [1]
A planning switch within Class E does not answer the building regulations question. Regulation 5 has its own material-change-of-use definitions, and the access guidance needs to be applied to the particular project. [4][1]
Assess the whole journey
Review how someone reaches and enters the premises, moves through the customer areas, uses the service and reaches any facilities provided. Changes in level, thresholds, door arrangements and circulation should be considered together, not as isolated products ordered from a catalogue. [1]
The design should consider more than wheelchair access alone. Approved Document M also addresses matters relevant to people with other mobility or sensory difficulties. Record how the layout and fittings respond to the needs of the people using the building. [1]
Accessible toilets: more than floor area
Where accessible toilet accommodation is required, its position, approach, door arrangement and internal layout must work together. A room labelled “accessible WC” is not evidence that the necessary access and use arrangements have been achieved. Use the applicable guidance and assess the detailed layout before fixing drainage and partitions. [1]
Coordinate Part M with Part T. Approved Document T took effect on 1 October 2024 for its stated scope concerning toilet accommodation in buildings other than dwellings; the published document includes a 2025 correction. Its toilet-accommodation provisions do not replace the accessibility requirements in Part M. [5][6]
Avoid a single rule claiming that every small shop needs an identical toilet, or that a particular shop size automatically removes all duties. Determine the relevant building-regulations scope and the premises' use before specifying the facilities. [1][6]
The separate Equality Act duties
The Equality Act includes a reasonable-adjustment duty for service providers. It addresses disadvantages caused by practices, physical features and the absence of auxiliary aids, subject to the statutory tests. It is not limited to work that happens to need building regulations approval. [2][3]
Approved Document M explains that satisfying building regulations does not necessarily satisfy the Equality Act. An existing approval should therefore not be treated as a permanent answer to how the business provides its service. [1]
Resolve access before the fit-out is fixed
Prepare an access review alongside the proposed layout, discuss the applicable building regulations requirements, and identify any separate planning or heritage permissions needed for external alterations. Keep a record of the agreed design rather than leaving access decisions to the end of the works. [1][7][8]