Part M of the Second Schedule to the Building Regulations, (as amended),
provides as follows:
Access and Use M1 Adequate provision shall be made for people to access and use a building, its facilities and its
environs.
M2 Adequate provision shall be made for people to approach and access an extension to a building.
Sanitary Facilities M3 If sanitary facilities are provided in a building that is to be extended, adequate sanitary facilities shall be provided for people within the extension.
Changing Places Toilet M4 Where sanitary facilities are provided in a building, or in a building that is to be extended, adequate provision shall be made for people to access and use a changing places toilet, having regard to the use and size of the building.
Non-Application of Part M M5 Part M does not apply to works in connection with extensions to and material alterations of existing dwellings, provided that such works do not create a new dwelling.
0.1 General
Part M aims to foster an inclusive approach to the design and construction of the
built environment. The requirements of Part M (M1 – M5) aim to ensure that
regardless of age, size or disability:
In doing so, the Requirements, underpin the principle of Universal Design.
Universal design is defined in the Disability Act 2005 as “the design and
composition of an environment so that it may be accessed, understood and used
to the greatest practicable extent, in the most independent and natural manner
possible, in the widest possible range of situations and without the need for
adaptation, modification, assistive devices or specialised solutions, by persons of
any age or size or having any particular physical, sensory, mental health or
intellectual ability or disability.”
Buildings should be designed so that they are easy for people to use and to
reflect the fact that all people experience changes in their abilities as they
progress through the different stages of life. It is important for designers to take
all of the users of buildings into account throughout the design process in order
to avoid the creation of a built environment that excludes certain groups from
participating in normal everyday activities.
Experience has shown that meeting the needs of people with disabilities or
elderly people frequently generates design solutions which benefit a wider range
of user groups, including people with young children in buggies, people with
temporary injuries or carrying heavy luggage.
This document, Technical Guidance Document M (TGD M), sets out guidance on
the minimum level of provision to meet requirements M1 - M5.
However, those involved in the design and construction of buildings should also
have regard to the design philosophy of Universal Design and consider making
additional provisions where practicable and appropriate. For this purpose, a list
of useful references, advocating greater accessibility, is given at the end of this
document. Further advice and guidance can be found at the Centre for
Excellence in Universal Design, www.universaldesign.ie and in the publication
‘Building for Everyone: A Universal Design Approach (2010 edition).
0.2 The Requirements
In order to satisfy the requirements of Part M, all buildings should be designed
and constructed so that:
a
b
0.3 Buildings Other than Dwellings
In the case of buildings other than dwellings, the building should also be
designed and constructed so that:
a
b
c
d
0.4 Dwellings
Dwellings should be designed and constructed so that:
a
b
c
0.5 Use of the Guidance
Technical Guidance Document M 2022 is divided into 3 sections. Each section
deals with different types of works.
Section 1: The guidance in Section 1 sets out the minimum level of provision for
the following buildings to meet the requirements of M1 to M4:
a
b
Section 1 applies to both new and existing buildings.
Section 2: The guidance in Section 2 should be read in conjunction with Section
1 and is intended to provide additional guidance for:
Section 2 provides additional guidance on the minimum provisions for certain
elements and features of existing buildings where it is not practicable (refer to
0.7) to achieve the provisions set out in Section 1.
Where works (e.g. extensions, material alterations and certain material changes
of use, etc.) to existing buildings are carried out in accordance with Section 1
and, where necessary Section 2, this will prima facie indicate compliance with
Requirement M1.
Reference should be made to 0.6 and 0.8 for the application of Part M to existing
buildings and 0.7 for considerations that should be made when determining
‘practicability’.
Section 3: The guidance in Section 3 applies to dwellings and their environs.
This includes individual dwelling houses and individual apartments. It does not
apply to the common areas of apartment blocks. The guidance in Section 3 also
applies to the common areas of duplex buildings.
0.6 Application of Part M
The Requirements of Part M apply to:
a:
S.I. No. 608 of 2022 amends Part M of the Second Schedule to the Building
Regulations.
Under M4, where sanitary facilities are provided in a building, or part of a
building, adequate provision shall be made for people to access and use a
changing places toilet, having regard to the use and size of the building
(refer to 0.6(g)).
b:
(i) Under M2, adequate provision must be made to approach and access an
extension. This may be provided by an adequate independent approach2
and entrance to the extension, or where this is not practicable, the
existing approach and entrance modified where necessary and where
practicable, must provide adequate approach and access to the
extension, and
(ii) Under M3, where sanitary facilities are provided in a building, adequate
accessible sanitary facilities must be provided for the people within the
extension i.e. people using the extension. These may be provided by
accessible sanitary facilities in the extension or alternatively, those
facilities in the existing building, modified where necessary, must be
adequate and accessible from the extension.
(iii) Under M4, where sanitary facilities are provided in a building, or part of a
building, that is to be extended, adequate provision shall be made for
people to access and use a changing places toilet, having regard to the
use and size of the building (refer to 0.6(g)).
c:
The Building Regulations apply to any alterations subject to the requirements
of Part A, B or M.
This means that alterations to features relevant to compliance with Part M
e.g. entrances, circulation, etc., must comply with M1.
The building as a whole, including the approach from the site boundary and
from on-site car parking where provided, must be no less compliant with M1
following a material alteration of a building.
However, this does not mean it is necessary to upgrade the existing access
to the building entrance unless the entrance itself is subject to a material
alteration;
d.
e
f
g
Table 1 Provision of A Changing Places Toilet in New Buildings
0.7 Determination of Practicability
In the determination of ‘practicability’ with respect to works to an existing
building, its facilities or its environs the following non-exhaustive list of
circumstances should be considered.
a
b
c
d
e
f
0.8 Existing Buildings
Building Regulations do not apply to buildings subject to the National Monuments
Acts 1930 to 2004.
0.6 sets out the application of Part M to buildings, new and existing.
The term ‘practicability’ is used in connection with works (e.g. material alterations
and certain material changes of use) to existing buildings which identifies
instances where achieving standards of accessibility associated with new
buildings is not feasible because of particular circumstances. Refer to 0.7 for
guidance on determining practicability.
Where works to existing buildings are carried out in accordance with the
guidance in Section 1 of this document, this will, prima facie, indicate compliance
with Part M. Where it is not practicable to apply the guidance in Section 1 and
works are carried out to Section 2, this will also prima facie indicate compliance
with Part M.
Works to existing buildings, such as extensions, material alterations and certain
material changes of use, can present many design challenges because of the
individual character, appearance and environs of existing buildings. The adoption
without modification of the guidance in this document may not in all
circumstances be appropriate. While each existing building and site will present
its own unique access opportunities and constraints, which may result in different
ways of addressing accessibility, the fundamental priorities of accessibility should
be as set out in M1, i.e. accessing and using a building, its facilities and
environs.
The application of this Part may pose particular challenges for buildings which
are of architectural or historical interest. When considering works to an historic
building, it is important to establish what is important or significant about the
building. Historic buildings can be significant in many different ways, for example,
in its physical fabric, in its historical associations or in its archaeological potential.
The better the understanding of what is important, the easier it will be to design
appropriate accessible solutions. Information about the significance of a building
may be obtained from a conservation plan or statement, where these exist, or
from the architectural conservation officer from the relevant local authority.
Historic buildings include Protected Structures, which are included by each
Planning Authority on a Record of Protected Structures. These buildings have
been identified as having particular cultural significance and heritage value.
As previously stated, the adoption without modification of the guidance in this
document may not, in all circumstances, be appropriate for historic buildings.
Liaison with the local Building Control Authority on alternative approaches based
on the principles contained in this document may be more relevant and should
be considered. In specific cases, a dispensation or relaxation (or partial
dispensation or relaxation) of the Requirements may be granted by the local
Building Control Authority.
Whilst the provisions of the Building Regulations do not relate to management,
the role it can play in improving the accessibility of existing buildings is
acknowledged. Designers/owners should be mindful of this and consider
enhancing the accessibility of existing buildings through appropriate
management solutions or compensating for existing buildings that have to apply
for a (partial) dispensation or relaxation from Part M. For guidance on
management refer to 0.12.
For more guidance on historic buildings, refer to:
Architectural Heritage Protection - Guidelines for Planning Authorities
Planning Guidelines No. 9 published by the Department of the Environment,
Heritage and Local Government;
Advice Series: Access – improving the accessibility of historic buildings and
places published by the Department of the Environment, Heritage and Local
Government.
0.9 Fire Safety
Access provision must be linked to provision for emergency egress in the case of
a fire. The scope of Part M is limited to matters of access to and use of a
building. For guidance on means of escape or evacuation, reference should be
made to Technical Guidance Document B (Fire Safety) and the NDA publication
‘Safe Evacuation for All, A Planning and Management Guide, 2011’.
0.10 Diagrams
Diagrams included in this document are intended to clarify certain aspects of the
guidance. They are not necessarily to scale and do not represent fully detailed
solutions. Where dimensions are stated, they refer to minimum or a range of
finished dimensions. Allowance should be made for all necessary tolerances and
finishes and on-site deviation. Reference should be made to Technical Guidance
Document D (Materials and Workmanship) for guidance in relation to
manufacturing and other tolerances applicable to building components generally.
0.11 Disability Act 2005
The Disability Act 2005 aims to advance the participation of people with
disabilities in everyday life by, for example, improving access to buildings,
services and information.
Attention is drawn to the obligation on Public bodies (such as Government
Departments, Local Authorities, Health Service Executive, Semi-state Bodies,
etc.) to make their public buildings comply with Part M 2000, by 2015 and Part M
2010, by 2022.
It also requires that these public buildings be brought into compliance with
amendments to Part M not later than 10 years after the commencement of the
amendment.
For the purposes of this part of the Disability Act “public building” means a
building, or that part of a building, to which members of the public generally have
access and which is occupied, managed or controlled by a public body.
For the purposes of giving guidance to public bodies on the matter, the National
Disability Authority has recently initiated the development of a Code of Practice
for Accessible Public Buildings under Section 25 of the Disability Act.
0.12 Management
Whilst the provisions of the Building Regulations do not relate to management or
maintenance and compliance with the Regulations is not dependent on these, it
is acknowledged that they are important functions and contribute to the ongoing
accessibility of the building.
maintenance teams include:
arranging furniture appropriately;
keeping circulation routes clear, facilities clean, equipment (lifts,
communication aids, etc.) functioning;
carrying out maintenance audits on a regular basis;
conducting staff training and awareness campaigns on peoples specific
needs and the use of assistive equipment in buildings e.g. maintenance of
induction loops, hoists and other assistive devices;
putting a detailed emergency action plan in place to ensure safe egress for
all in the event of an emergency;
procurement of accessible goods and services (office furniture, security
services, etc.);
providing pre-visit information regarding access to the building on the
organisation’s website;
providing information on the accessibility features of the building to
occupants, in order to allow for effective management procedures to be put
in place.
For guidance on managing buildings refer to Building for Everyone: A Universal
Design Approach (2010 edition), BS 8300:2009, the NDA publication ‘Access
Handbook Template - A Tool to Help Manage the Accessibility of the Built
Environment’ and www.nda.ie.
