People with disabilities now have additional rights to make communal areas around their home more accessible, under new regulations passed by the Scottish Parliament on 24 February 2020.
The Relevant Adjustments to Common Parts (Disabled Persons) (Scotland) Regulations 2020, give disabled people the right to remove barriers to access with the support of a simple majority of neighbours. Previously the consent of all owners was required before any accessibility changes to shared areas could be made, meaning that just one person could block the proposals.
The work involved might be the creation of a wheelchair ramp, widening paths and/or doorways or installing handrails in common areas of a building such as a tenement or similar block of flats.
The disabled person must have “an interest” in the property in question meaning he or she must be an owner or a tenant in the property and it must be used as his or her only or main home. The application for consent must be made by the disabled person using the form set out in the regulations and it should be sent to all of the other owners of the relevant common parts within the building. Unless it is agreed otherwise then the disabled person will be responsible for the cost of the adaptations but it is worth bearing in mind that grant funding might be available from the local authority or housing association.
Made under s 37 of the Equality Act 2010, the new regulations also empower disabled people to challenge others from unreasonably withholding consent to make basic adaptations.
The legislation can be found using the following link: http://www.legislation.gov.uk/ssi/2020/52/regulation/3/made
Katharine Smith, Director
The opinions expressed in this blog are of the author only and do not necessarily represent the opinions of Blackadders LLP.
Blackadders takes all reasonable steps to ensure that the content of this blog is accurate and up to date. The blog is not, however, intended as a substitute for seeking legal or other professional advice but rather as an informative guide to the services provided by Blackadders and topical legal developments. Blog users should always seek advice tailored to their specific situation. Consequently, Blackadders accepts no responsibility for any loss or damage suffered by anyone acting or failing to act on the basis of information contained on this blog. Downloading of material contained on this site is at the user’s own risk and all necessary virus checks must first be carried out by the user. Blackadders is not responsible for the material found on any web sites linked to this one and links to this site may only be made with Blackadders prior consent.
Blackadders owns the copyright in this blog and all material contained on it. The material on this blog may be downloaded for personal use only and must not be altered. Otherwise, Blackadders’ written consent is required before any material on this site is reproduced, copied or transmitted in any way.
Information passed to us via this blog is kept confidential and will not be disclosed to third parties except if authorised by you or required by law.
© Blackadders LLP 2020
Members of the Law Society of Scotland.
Blackadders Solicitors is a trading name of Blackadders LLP, a limited liability partnership, registered in Scotland No SO301600 whose registered office is 30 & 34 Reform Street, Dundee, DD1 1RJ. Reference to a ‘partner’ is to a member of Blackadders LLP.