Built Environment
Improving the accessibility of the built environment for disabled people is critical to their being able to live independent lives on an equal basis with others. The Office for Disability Issues has an ongoing role in working with government agencies responsible for building and housing policy, and has a delegated legislative role under the Building Act 2004 in relation to accessibility of buildings accessed by the public.
Introduction
The Building Act 2004 and the Building Code require all buildings to which the public are admitted (whether for free or by charge) to have reasonable and adequate facilities for disabled people to visit, work, and carry out normal activities there. The Building Act and Building Code do not require access or facilities for disabled people in residential housing.
The Department of Building and Housing administers the Act and regulations. Enforcement of the Act and regulations is carried out by territorial authorities, which issue building consents and code compliance certification for buildings that comply with the Act and regulations.
The Building Act also references the New Zealand Standard NZS 4121 (the code of practice for design for access and use of buildings by persons with disabilities) as a compliance document for the requirements of disabled people's access.
Providing advice on accessibility for disabled people
There are three areas where the Department of Building and Housing routinely consults with the Office for Disability Issues.
Building Act 2004
Building Act determinations are where the Department adjudicates (through a determinations process) on disputes between building owners and territorial authorities on what is needed for buildings to comply with the Building Act and Building Code access requirements. The Department consults with the Office on all determinations relating to access and facilities for disabled people.
Delegated responsibility under the Building Act
The Building Act requires the Department of Building and Housing, in carrying out its functions and duties, to consult with the Office for Disability Issues on disability issues (section 170 (b)):
The chief executive [of the Department of Building and Housing] must, in performing his or her functions, consult with,-
(b) in the case of disability issues, the chief executive of the department of State responsible for disability issues.
Legislative amendments
Amendments to legislation administered by the department which affects disabled people's access to building and housing. This includes:
- the Building Act and regulations that set requirements having an impact on access and facilities enabling disabled people independently to use buildings and their associated facilities.
- the Residential Tenancies Act and other regulations having an impact on the tenure security and quality and fitness of accommodation and facilities provided where disabled residents have less than a freehold interest in the house where they live.
Access Advisory Panel
Twice-yearly meetings of the Access Advisory Panel (made up of disabled people and others) that advises the Department of Building and Housing on access and disability issues. The Department has statutory powers to convene expert advisory panels on building issues including on access. The Office is represented on the Access Advisory Panel.
Challenges to disabled people moving around independently
There are several issues affecting disabled people's accessibility in relation to buildings and the built environment (including housing).
Lack of awareness and knowledge among building owners, developers, designers, building trade practitioners, and building control practitioners of the needs of disabled people and the ways disabled people interact with the built environment. For example:
- technical reviews by the Department of territorial authorities' building control performance demonstrate that many buildings receive code compliance certification when they do not comply with accessibility requirements
- research demonstrates that New Zealand's current housing stock is not meeting disabled people's housing needs. Disabled people and the government spend considerable amounts on housing modifications that would be easier and more cost-effective if they were integrated into newly built and renovated housing, eg wider doorways and wet area showers.
Lack of a robust disability perspective incorporated into work planning and operational practices of institutions responsible for administering and enforcing statutory requirements relating to accessibility and housing options for disabled people. For example, Building Code determinations of disputes between building owners and consent authorities on accessibility and building health and safety systems affecting disabled people seldom find in favour of accessible solutions where costs are cited by owners as a barrier to compliance.
Another major issue is capturing accessibility and usability as important overarching concepts alongside affordibility, health and safety, durability and integrity in the mix of aspects that makes up the sustainability matrix.
At a superficial level, the problems of affordability and accessibility appear to collide and there are significant vested interests in maintaining this tension. However, greater visibility of the benefits of accessible environments, universal design, and research demonstrating the cost effectiveness of universal accessibility should reduce this over time. Factoring in accessibility from the beginning of the building design process is increasingly recognised internationally as best practice.
Accessibility of the built environment for disabled people is a key outcome sought by the United Convention on the Rights of Persons with Disabilities, which New Zealand ratified in September 2008.
The Convention requires us to make sure that disabled people can, on an equal basis with others, progressively become more able to move in and around their own homes, communities, and the wider built environment and take part in family, community, education, work, and the public life of the country.