Press Releases 07/03/2006

 

The cost of new legislation
 

Property owners should be aware that the cost of ignoring the raft of new legislation that has headed their way over recent years could far outweigh the cost of compliance.

 

Recent legislation includes the Control of Asbestos at Work Regulations, the Disability Discrimination Act, various Health and Safety regulations, and the Fire Safety (Scotland) Regulations 2006. While all this legislation requires property managers to advise clients about the implications, this advice is usually provided at no extra cost although there will, invariably, be a cost implication for property owners to make their properties comply fully with the requirements of the new legislation.

 

And comply they must if they are to avoid running the risk of incurring unnecessary expense - or even a fine. Even now, some two years after its introduction, there remains an alarming number of duty holders who have yet to comply with the Control of Asbestos at Work Regulations. Apart from running the risk of a fine, there are various practical consequences.

 

For example, any sale of the property could be delayed while an asbestos survey is undertaken to meet the requirements of what has become a fairly standard condition in an offer. Alternatively, were there to be a fire then reinstatement could be delayed until an asbestos survey was undertaken.

 

Property managers can assist duty holders in this regard by arranging for asbestos surveys to be undertaken on their behalf and, if any asbestos is found to be present, implementing the recommendations from the asbestos surveyor.

 

Meanwhile, many service providers and employers remain either unaware of their requirements under the terms of the Disability Discrimination Act or are labouring under the misconception that it relates specifically to the building and will require expensive modifications to be made to the building’s infrastructure – typically the introduction of a ramp to enable wheelchair access – in order to achieve compliance.

 

In fact, the DDA is about people, not property, and its definition of what constitutes a disability is far broader than someone confined to a wheelchair. And rather than requiring significant expenditure in order to comply with the DDA, sometimes relatively simple and straightforward alterations to operational procedures might well be all that it is required. If it is not possible at reasonable cost to make disabled access available to a building, a service provider could offer a home visit to a disabled client and this might be all that is required.

 

That’s because rather than compelling all organisations to take all steps required to deliver unlimited access to all disabled people, all of the time, the DDA requires service providers and employers only to undertake reasonable steps in all the circumstances. What will be regarded as reasonable for a small business is unlikely to be as onerous as what will be regarded as reasonable for a large business.

 

Motorising access doors at the entrance to a building might well assist wheelchair access, but it could easily cost in excess of £3,000. However, a bell and sign to call

for assistance could, in some circumstances, be a viable alternative, at a cost of little in excess of £100. So, before service providers and employers rush out to call in the shopfitters, it is worth taking the time to speak to the property manager to determine whether there might be a more reasonable, practicable and cost-effective means of complying with the DDA.

 

DDA, Health and Safety, and Fire Safety audits, all require to be undertaken by specialist companies, and often their various recommendations interact. For example, the Fire Safety (Scotland) Regulations 2006 are set to replace the requirement for Fire Certificates with a fire risk assessment model. Some buildings will require emergency lighting, but when this fire safety work is being undertaken, the fire alarm sounders can be replaced to provide an additional, flashing warning and thus meet the requirements of the DDA.

 

Not only can property managers assist their clients by advising them of their obligations in relation to all these new regulations, but they can also advise on how to minimise both the cost of compliance and the disruption to occupiers. Compliance might be onerous, but failure to comply could be an expensive false economy.

 

Graham Ross is a Consultant at Ross + Liddell, Property Management

 

ENDS

696 words

Source: Ross + Liddell
www.ross-liddell.com

7 March 2006