In Australia, dispensations (or exemptions) for disability access requirements in buildings are sometimes possible, but they are governed by strict regulations and guidelines. These are outlined in the National Construction Code (NCC), which includes the Building Code of Australia (BCA) and is overseen by the Australian Building Codes Board (ABCB). Here are some key points regarding dispensations for disability access:

1. Requesting a Dispensation: Building owners or developers can apply for a dispensation from certain access requirements. This is usually done through the a building surveyor. The process involves submitting a request that clearly outlines which aspects of the access requirements they seek to be exempted from and the reasons for the exemption.

2. Considerations for Dispensation: When considering a dispensation, authorities will look at various factors, such as:
– The impact of compliance on the heritage significance of a building (especially relevant for older buildings).
– The practicality and feasibility of complying with the access requirements.
– The level of access provided by the proposed building solutions.
– The cost implications of compliance.

3. Performance Solutions: In many cases, rather than an outright exemption, the NCC allows for ‘performance solutions’. These are bespoke solutions that differ from the standard requirements but still meet or even exceed the overall objectives of the access provisions. These must perform equal to or better than the minimum deemed to satisfy provision.

4. Compliance with the Disability Discrimination Act (DDA): It’s important to note that even if a dispensation is granted under the NCC/BCA, the building owners or managers must still comply with the Disability Discrimination Act 1992. This Act makes it unlawful to discriminate against people with disability in areas such as access to premises.

5. Consultation: Before granting a dispensation, authorities often require consultation with relevant stakeholders, including disability groups, to ensure that the needs of people with disability are adequately considered.

6. Documentation and Approval: Any dispensation or performance solution must be well-documented and approved by the relevant building authority. This ensures that the building, even with the dispensation, provides a reasonable level of accessibility.

For the most accurate and detailed information, use our contact us form and ASN might be able to provide guidance tailored to the specific circumstances of your building project. Fees may be applied.

The overarching legislation that stipulates that people with disability have the right to access the built environment is the Disability Discrimination Act (DDA). Further to this is the National Construction Codes (NCC), formerly the Building Codes of Australia (BCA), that stipulates the requirements for disability access for buildings. The section that predominately addresses disability access is Part D4. Accessible sanitary facility provisions are within F4.

The next tier of legislative requirements for disability access is the Australian Standards – Mainly the AS1428 suite. ASN has provided further information on the disability access legislation at the following page: https://asnpl.com.au/legislation/

In Australia, the provision of accessible toilets in buildings is governed by the Building Code of Australia (BCA), which is part of the National Construction Code (NCC). These codes specify the requirements for accessible toilets based on the type and size of the building.

1. Public Buildings and Commercial Establishments: For public buildings and commercial establishments like shopping centers, restaurants, and office buildings, accessible toilets are required. The BCA outlines specific design requirements for these toilets, including dimensions, fixtures, and fittings to ensure they are usable by people with disability.

2. Private Residences: In private homes, the requirement for accessible toilets depends on the needs of the occupants. There is no mandatory requirement under the BCA for accessible toilets in private residences unless the home is being built or renovated specifically for occupants with accessibility requirements.

3. Building Permits and Renovations: When applying for a building permit or undertaking significant renovations, it’s essential to check with the local council or a building surveyor. They can provide specific advice based on the nature of the building project and the applicable regulations.

4. Accessibility Standards: It’s also important to consider the Australian Standards for Access and Mobility (AS 1428), which provide detailed technical specifications for accessible design.

For the most accurate and detailed information, use our contact us form and ASN might be able to provide guidance tailored to the specific circumstances of your building project. Fees may be applied.

Just like the FAQ above, in Australia, the provision of ambulant toilets in buildings is governed by the Building Code of Australia (BCA), which is part of the National Construction Code (NCC). These codes specify the requirements for ambulant toilets based on the type and size of the building, as well as the location of the accessible toilet in relation to additional wc pans at the same bank of toilets..

1. Public Buildings and Commercial Establishments: For public buildings and commercial establishments like shopping centers, restaurants, and office buildings, ambulant toilets are most likely required. The BCA outlines specific design requirements for these toilets, including dimensions, fixtures, and fittings to ensure they are usable by people with ambulant disability.

2. Private Residences: In private homes, the requirement for ambulant toilets depends on the needs of the occupants. There is no mandatory requirement under the BCA for ambulant toilets in private residences unless the home is being built or renovated specifically for occupants with accessibility requirements.

3. Building Permits and Renovations: When applying for a building permit or undertaking significant renovations, it’s essential to check with the local council or a building surveyor. They can provide specific advice based on the nature of the building project and the applicable regulations.

4. Accessibility Standards: It’s also important to consider the Australian Standards for Access and Mobility (AS 1428), which provide detailed technical specifications for ambulant design.

For the most accurate and detailed information, use our contact us form and ASN might be able to provide guidance tailored to the specific circumstances of your building project. Fees may be applied.

In Australia, the minimum size requirements for accessible car parking spaces are specified in the Australian Standards AS/NZS 2890.1 and AS/NZS 2890.6. These standards are part of the National Construction Code (NCC) and provide detailed guidance on car parking facilities, including those for people with disability. The key requirements are as follows:

1. Size of Accessible Car Parking Spaces:
– The minimum width of an accessible car parking space is typically 2.4 meters.
– A shared area, is also required. This area is required to be 2.4 meters wide and can be shared between two accessible parking spaces. This shared space is essential for people who use wheelchairs or other mobility aids, as it provides extra room for maneuvering as well as vehicles with ramped access.

2. Length of the Parking Space:
– The standard length for car parking spaces, including accessible ones, is generally 5.4 meters.

3. Signage and Marking:
– Accessible car parking spaces must be clearly marked with the international symbol of access and should be signposted appropriately.

4. Location:
– These parking spaces should be located as close as possible to the main entrance of the facility they serve.

5. Vertical Clearance:
– A minimum vertical clearance is also specified to accommodate vehicles that are taller than average, such as vans with wheelchair lifts.

6. Pathway to Entrance:
– There must be an accessible path from the parking space to the entrance of the building or facility.

Please note that local councils or specific building projects may have additional requirements or variations. 

For the most accurate and detailed information, use our contact us form and ASN might be able to provide guidance tailored to the specific circumstances of your building project. Fees may be applied.

Firstly, it’s important to have read through the information under “Can I get a dispensation for disability access?” FAQ above. This outlines the potential ability to provide a performance based solution for disability access.

If the building situation meets the requirements for applying either a performance solution or an exemption then Yes ASN will be able to assist with the documentation required for a performance solution or exemption report.

If you’re not sure about the ability to meet the requirements for a dispensation / exemption, use the form on the Contact Us page and provide us with the full details – we should be able to point you in the right direction.

Firstly, it’s important to have read through the information under “Can I get a dispensation for disability access?” FAQ above. This outlines the potential ability to provide a performance based solution for disability access.

If the building situation meets the requirements for applying either a performance solution or an exemption then Yes ASN will be able to assist with the documentation required for a performance solution or exemption report.

We have extensive experience in the documentation of performance based solutions. It’s also very important to note the ASN may be able to identify solutions to the disability access within the proposed building works that maybe a more cost effective outcome. Ensure when submitting requests that plans and documents are supplied.

If you’re not sure about the ability to meet the requirements for a dispensation / exemption, use the form on the Contact Us page and provide us with the full details – we should be able to point you in the right direction.

Compliance sign-off is not technically something that is required from an access consultant. ASN provide a Letter of Advice (LOA) with our disability access auditing services. Within this LOA ASN state (given all items comply) that the provisions of disability access comply with the requirements and intentions of the NCC & DDA.

There’s further information about compliance sign-off within this BLOG POST HERE