Enhancing the accessibility, adaptability and usability of Scotland's homes: consultation
This consultation aims to improve housing accessibility through the review of Part 1 of the Housing for Varying Needs design guide and by introducing a Scottish Accessible Homes Standard through updates to building standards and guidance.
Annex V – Partial Business and Regulatory Impact Assessment
Title of proposal – Proposals to enhance the accessibility, adaptability and usability of Scotland’s homes.
Purpose and intended effect
Objective
The aim of the proposals is two-fold.
Firstly, we are seeking to update Part 1 of the Housing for Varying Needs design guide to enhance the accessibility, adaptability and usability of (a) homes delivered through the Scottish Government’s Affordable Housing Supply Programme and (b) accommodation delivered by local authorities through the Scottish Government’s Gypsy/Traveller Accommodation Fund (or subsequent funding).
Secondly, we are seeking to change building standards and guidance from 2025-26 to implement an all-tenure Scottish Accessible Homes Standard. This will apply to (a) all new build homes and (b) homes delivered through the conversion of non-residential buildings into housing.
In achieving the above aim, the following objectives are identified:
- To deliver homes which are good quality and accessible by design to allow people to live independently and with no barriers to participation in daily life, work and their community.
- To pre-plan for the most likely adaptations at the build stage in order to lessen the impact that such works will have on the household, as well as saving time and reducing costs.
Background
In March 2019, the then Minister for Housing announced to Parliament that Housing for Varying Needs would be reviewed. In March 2021 this commitment was reaffirmed within Housing to 2040 – Scotland’s first long-term national housing strategy.
‘Housing for Varying Needs: a design guide: Part 1 Housing and flats’ was produced by Scottish Homes in 1998. Housing for Varying Needs incorporates the ‘barrier free’ concept of accessibility and is a key reference document for the affordable housing sector in Scotland. ‘Barrier free’ is defined within the guide as ‘housing and its environment that is designed to allow for the needs of almost everyone’. The key features of barrier free housing allow people to reach the entrance from a road or parking area and enter the dwelling, move around the dwelling, and access essential rooms including the bathroom, operate all fittings, services and controls.
The guide, which continues to be well-regarded and is still considered to be a good design benchmark, recognises that people’s housing needs change through their lifetime and that homes should be flexible as a result. Its purpose is ‘…to offer guidance on good practice in the design of all housing, so that newly-built, refurbished or adapted buildings achieve a degree of flexibility, suit people of different abilities, are convenient to use and fit for their purpose’.
Housing for Varying Needs relates to the accessible design of dwellings and their fittings. The guide is complementary to the Building Standards Technical Handbooks, which set minimum requirements for new construction work under The Building (Scotland) Regulations 2004 (as amended). These regulations and supporting standards specifically address the functional performance of buildings and their fabric. The guidance provided in Section 3 ‘Environment’ and Section 4 ‘Safety’ of the Domestic Technical Handbook relating to accessibility is informed by recognised sources of good practice, including the current iteration of Housing for Varying Needs.
The Scottish Government’s Affordable Housing Supply Programme comprises a range of funding mechanisms to enable affordable housing providers to deliver homes for social rent, mid-market rent, and low cost home ownership in communities across Scotland to support local authorities’ Local Housing Strategies. The Scottish Government is committed to delivering 110,000 affordable homes by 2032 of which at least 70% will be available for social rent and 10% will be in our remote, rural and island communities.
As well as complying with building standards, new build homes delivered directly by Registered Social Landlords and local authorities with the aid of grant funding through the Affordable Housing Supply Programme should meet – as a minimum – the design criteria indicated as ‘basic’ within the Housing for Varying Needs design guide, with the design criteria indicated as ‘desirable’ being included where possible. ‘Off the shelf’ new build stock purchased from developers with the aid of grant funding through the Affordable Housing Supply Programme should also aim to incorporate these requirements. And projects comprising the refurbishment of existing residential properties, or the conversion of non-residential property into housing, should maximise accessibility as far as is practicable.
In 2021-22, 98% of new build homes delivered by housing associations and councils, where information was returned on Housing for Varying Needs, met the relevant design criteria.
In addition, our published guidance for the Rural and Islands Housing Fund – which aims to increase the supply of affordable housing across all tenures in rural Scotland and forms part of the Affordable Housing Supply Programme – notes that all completed houses will be expected to meet all Housing for Varying Needs essential features.
Through the Gypsy/Traveller Accommodation Fund, the Scottish Government is providing up to £20 million to local authorities between 2021 to 2026 for more and better Gypsy/Traveller accommodation. To drive a significant improvement in the quality of public sites going forward, we have published an Interim Site Design Guide for Gypsy/Traveller sites, developed in conjunction with local authorities and with input from members of Gypsy/Traveller communities. This is intended to assist new build and site re-development to meet the varying needs of families – including children, older and disabled people – and to align with key principles of Housing to 2040, such as accessibility and energy efficiency.
To suit varying needs, the Interim Site Design Guide for Gypsy/Traveller sites notes that ‘newly designed pitches and amenity blocks will be expected to meet the relevant basic requirements of the Design Criteria for dwellings in general to suit varying needs specified in Housing for Varying Needs’.
To mainstream a high standard of accessibility, delivering a step change in the availability of housing options for disabled people and enabling the delivery of new homes in all sectors which can be readily adapted to meet varying needs, within Housing to 2040 we also committed to introducing a Scottish Accessible Homes Standard which all new homes must achieve.
The review of Housing for Varying Needs will directly inform the development of the Scottish Accessible Homes Standard, which will be implemented through changes to building standards and guidance from 2025-26. This will future proof new homes, building in accessibility and adaptability from the outset.
Rationale for Government intervention
Independent living – As noted in Housing to 2040, most older people and disabled people live in mainstream homes and want to continue to do so, but these properties may or may not meet their needs. There is a small amount of specialist supported housing, such as extra care housing or sheltered housing. This is around 1% of total housing stock and the vast majority of it is in the social rented sector which limits choice. Some disabled people live in care homes or other settings because there is a lack of suitable housing to allow them to live independently within their community.
Projections suggest that the challenge will only increase without action. By 2040, it is projected that there will be over 720,000 people in Scotland aged 75 or over (Source: Projected Population of Scotland (2020-based)). Housing to 2040 notes that this will put much greater demand on housing and health and social care services to help people to live independently at home.
Further, according to analysis of the 2019 Scottish Household Survey, just over half (53.6%) of surveyed households with at least one member with a disability or long-standing illness that also require adaptations to make it easier for all householders to go about their daily activities self-report requiring one or more adaptations which they do not already have. This equates to around 80,000 households.
Housing to 2040 set outs a number of actions that give further levers to improve the accessibility of homes and their ability to meet people’s needs. The review of the Housing for Varying Needs design guide, and changes to building standards and guidance to implement the Scottish Accessible Homes Standard which all new homes must achieve, are two such actions.
National Performance Framework – As well as making an important contribution to achieving the Housing to 2040 vision, the aim of the proposals set out above will also bring benefits across the National Performance Framework – contributing in particular to the National Outcomes relating to children, communities, education, health, and human rights.
The private housing market – There are various reasons why, in the absence of regulation, the market may fail to deliver the level of accessibility required, which is supported by the statistics cited above.
Housing is a long-term asset, and a new build home can last 60 years or longer. If the level of accessibility required by particular groups is not part of the original specification, there is a significant probability that at some stage the home will be occupied by a household which requires the accessibility elements proposed in this consultation. If this household is the initial buyer of the house, this could be reflected in the price they are willing to pay the developer, and thus incentivise the developer to add the elements. However, if they are not, then the need for accessibility elements at some point over the lifetime of the house is unlikely to be reflected in the new build market price.
In theory, even if the initial buyer does not require the accessibility elements, but knows that subsequent buyers may require them and will be prepared to offer a higher price as a result, the initial buyer might be willing to pay more for a house with the accessibility elements because the resale price will be higher. But there are a variety of market failures which mean that in practice this is unlikely to happen in part, or even in full:
- Firstly, people can struggle to fully value transactions which could take place in the future.
- Secondly, different types of incomplete information are likely to be present, such as which accessibility elements are required, how much they would cost to retrofit if not included in the original specification, the likelihood of matching to a future buyer who requires these features, and so on.
For all these reasons, market forces are likely to result in the under-provision of accessibility elements in new build. This will result in retrofit costs having to be incurred subsequently. These are likely to be higher than the cost of including the elements at the outset especially if, due to their inclusion in relevant standards, the elements are part of the design of all new build dwellings and thus do not require any bespoke design work.
There are also equity arguments for regulation. By making key accessibility elements part of the relevant standards, the cost of these elements is borne by the whole of society, rather than being concentrated on those groups who require these features. The sharing of the costs is done in a cost-effective way due to the efficiency arguments for regulation set out above.
Consultation
Within Government
Discussion with all of the following government departments helped to shape the proposals to update Part 1 of the Housing for Varying Needs design guide, and the proposals for the introduction of amended building standards and guidance from 2025-26 to implement an all-tenure Scottish Accessible Homes Standard.
- Local Government and Housing
- Mental Health
- Population Health
- Equality, Inclusion and Human Rights
- Energy and Climate Change
Discussion also took place with Public Health Scotland during the development phase.
Business consultation
Whilst changes to building standards affect any party which chooses to build a new building or carry out new building work to an existing building, such changes have the most significant impact on parties involved in the delivery of such building work – designers, developers, contractors and manufacturers of building products. Discussions will therefore take place during the consultation period with between six to 12 businesses that might be affected by the proposals for the Scottish Accessible Homes Standard set out in Option 2 below. It is considered essential that this is undertaken only once proposals are published for consultation, to enable full discussion on the technical and financial implications of proposed changes on Scottish firms. In addition, a series of stakeholder events with industry and others will be undertaken to reach a wider selection of affected and interested parties – including those involved in the delivery of the Affordable Housing Supply Programme and the Gypsy/Traveller Accommodation Fund (given the updates that are proposed for the Housing for Varying Needs design guide).
Public consultation
During the development phase, informal engagement also took place with a number of interested parties (such as Registered Social Landlords, local authorities, private developers, disability and health representation groups, health professionals, architects, affordable and private housing representative bodies, and academics). Presentations on the review of the Housing for Varying Needs design guide in particular were also held at external conferences which were primarily targeted at the affordable housing sector.
Options
The following two options have been considered.
Option 1 – Do nothing
Under this option, no changes would be made to Part 1 of the Housing for Varying Needs design guide. Nor would any changes be made to building standards to enhance the accessibility, adaptability and usability of Scotland’s homes.
Sectors and groups affected – The group that is primarily affected would be future occupants of (a) homes delivered through the Scottish Government’s Affordable Housing Supply Programme (b) accommodation delivered through the Scottish Government’s Gypsy/Traveller Accommodation Fund (or subsequent funding) and (c) homes delivered by the private sector.
Benefits – This option represents a continuation of the status quo, and is therefore a known quantity for the wide range of parties with an interest in the delivery of housing in the affordable and private markets.
Costs – As this option is based on the continuation of the status quo, it should not create any additional monetary costs beyond those normally incurred in the delivery of housing in the affordable and private markets. It would however mean that costs associated with future retrofitting would be incurred if the increasing needs for accessibility are to be met.
Option 2 – Implement the proposals to enhance the accessibility, adaptability and usability of Scotland’s homes
Sectors and groups affected – The sectors and groups primarily affected by the proposals to update Part 1 of the Housing for Varying Needs design guide, and by the proposals to introduce amended building standards and guidance from 2025-26 to implement an all-tenure Scottish Accessible Homes Standard, would be (a) individual households (b) Registered Social Landlords (c) local authorities (d) private developers (e) other affordable housing providers (f) contractors (g) designers (h) developers (i) contractors and manufacturers of building products and (j) health professionals.
Benefits – The proposals mainstream a high standard of accessibility to new homes, delivering a step change in the availability of housing options and enabling the delivery of new homes in all sectors which can be readily adapted to meet varying and changing needs. Importantly, the proposals are designed to allow people to live in their own home for longer – supporting well-being and easing the pressure on other services such as health and social care.
Costs – The information in Tables 1 and 2 below provides the indicative additional costings of the key updates that we are proposing to make to Sections 7 to 19 of Part 1 of the Housing for Varying Needs design guide, as set out in Chapter 2 of this consultation paper. Table 1 provides indicative additional costings for a two bedroom, four person flatted dwelling on a single living level that is contained within a block of six flats over three storeys, with Table 2 providing indicative additional costings for a three bedroom, five person semi-detached house over two storeys. To aid consideration of this information, we would draw attention to the following points:
- the reference numbers and headings provided within the tables mirror those within Part 1 of the current Housing for Varying Needs design guide (where applicable)
- the ‘group(s) of need’ that each proposed update applies to is noted within the tables (as not all of the proposed updates would apply to every group, and some of the proposed updates already apply to particular groups)
- the design criteria that we are proposing be included ‘as standard’ in future within buildings and dwellings delivered to Housing for Varying Needs standards are highlighted within Chapter 2 of this consultation paper
- costings are not provided for elements of a proposal that are already referenced within the current design guide
- costings are provided on an individual elemental basis and have been determined based on in-house cost data held by an external firm of quantity surveyors for Registered Social Landlord led affordable housing developments, with a base date of November 2022
- given the above, some of the key updates proposed are not expected to have any cost implications as it is understood that these are already being delivered within Registered Social Landlord led affordable housing developments, and
- costings relating to increases in floor area to accommodate wheelchair users are based on the net increase of the floor area to the particular room/ space.
We would highlight that indicative costings are not provided for the following Programme for Government commitments which are in the process of being phased into all homes delivered by local authorities and Registered Social Landlords through the Affordable Housing Supply Programme (regardless of tenure):
- ensuring that all new social housing offers space for home working or study
- driving forward work to make all new social housing digitally enabled, and
- ensuring that all new social housing offers private or communal outdoor space with room for people to sit outside.
We would also highlight that costings are not provided for accommodation that is delivered through the Gypsy/Traveller Accommodation Fund. It is recognised however that the proposals set out within this consultation are likely to present additional costs to providers of such accommodation. Costings will therefore be discussed with interested parties during the consultation period and included within the final Business and Regulatory Impact Assessment.
We would further highlight that costings are not provided for the design criteria that we are proposing be transposed into building standards to implement the Scottish Accessible Homes Standard – Chapter 3 of this consultation paper refers. It is recognised however that the implementation of the Scottish Accessible Homes Standard will present additional costs to the private sector which are over and above those outlined in the tables below. Given the variation in the design of private sector homes, costings will be discussed with private sector stakeholders during the consultation period to help to inform the final Business and Regulatory Impact Assessment.
Table 1 – Two bedroom, four person flat on a single living level (which is contained within a block of six flats over three storeys)
Header codes:
GN = General needs (£ per unit)
OP = Older people (£ per unit)
ADP = Ambulant disabled people (£ per unit)
WU = Wheelchair users (£ per unit)
| Proposed update | GN | OP | ADP | WU |
|---|---|---|---|---|
| 7.5.1 - All entrances to individual dwellings should be step free and have an accessible threshold. There should be a level area of at least 1200mm by 1200mm immediately in front of each entrance. | 0 | 0 | ||
| 7.6.3 - Where a communal entrance door opens outwards, the entrance platform should have dimensions of at least 1500mm by 1800mm. | 27 | 27 | 27 | |
| 8.2.1 - Entrance doors to communal access areas, including those doors giving access to external facilities such as drying areas, gardens and refuse stores, should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this opening width. | 0 | 0 | 0 | |
| 8.2.2 - Entrance doors to communal access areas, including those doors giving access to external facilities such as drying areas, gardens and refuse stores, should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this opening width. | 0 | |||
| 8.3.3 - Communal entrances should have automatic opening and powered swing doors installed as standard, with a suitable open/ release pad-type button positioned on the perpendicular wall internally, outwith the swing of the door, and with a fob-type or similar access system to enter the building from outside. The timing of the stay open duration should be adjustable. That said, communal entrance doors would need to be able to be manually opened and closed in circumstances where the automatic opening devices have failed. | 1,733 | 1,733 | 1,733 | |
| 8.3.4 - Communal entrances should have automatic opening and powered swing doors installed as standard, with a suitable open/ release pad-type button positioned on the perpendicular wall internally, outwith the swing of the door, and with a fob-type or similar access system to enter the building from outside. The timing of the stay open duration should be adjustable. That said, communal entrance doors would need to be able to be manually opened and closed in circumstances where the automatic opening devices have failed. | 1,733 | |||
| New proposed criterion - Internal doors within communal access areas should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. | 0 | 0 | 0 | 0 |
| New proposed criterion - In multi-storey buildings containing dwellings, the walls of each floor containing dwellings may be decorated in distinguishing tones to help people to find their way. This may be further enhanced by providing visual indicators at the entrance to each floor. | 0 | 0 | 0 | 0 |
| 9.2.1 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | |||
| 9.2.3 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | 0 | ||
| 9.2.4 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | |||
| New proposed criterion - Entrance doors to individual dwellings may be personalised/ made distinctive from other neighbouring entrance doors, subject to any local planning restrictions that may be in place. | 0 | 0 | 0 | 0 |
| 9.6.1 - The main entrance door should open into a circulation area and not a room. The entrance door should open into a space of at least 1200mm by 1200mm to allow room for manoeuvre with a walking aid. There should be space for a wheelchair, pram or buggy beyond the door swing, and therefore the area should extend for at least a further 600mm with a minimum width of at least 1200mm. | 0 | |||
| 9.6.4 - The main entrance door should open into a circulation area and not a room. The entrance door should open into a space of at least 1200mm by 1200mm to allow room for manoeuvre with a walking aid. There should be space for a wheelchair, pram or buggy beyond the door swing, and therefore the area should extend for at least a further 600mm with a minimum width of at least 1200mm. | 0 | 0 | ||
| 9.6.6 - The circulation space immediately inside the door should allow for a person in a wheelchair to turn through 180o. It should therefore have a minimum width of 1800mm extending at least 1800mm back from the face of the door. There should be space for a wheelchair beyond the door swing and therefore the area should extend for at least a further 500mm with a minimum width of 1200mm. | 940 | |||
| 10.2.1 and 10.2.2 - Corridors in individual dwellings should be at least 1200mm wide. Other than on a wall opposite a doorway, an obstruction such as a radiator should project by no more than 100mm, reducing the corridor width to not less than 1100mm over a maximum length of 1200mm. If a corridor has an exposed right angle turn a splay of 200mm to 300mm at the corner would allow easier circulation. | 0 | 0 | 0 | |
| 10.2.3 - Corridors in individual dwellings should be at least 1200mm wide. Other than on a wall opposite a doorway, an obstruction such as a radiator should project by no more than 100mm, reducing the corridor width to not less than 1100mm over a maximum length of 1200mm. If a corridor has an exposed right angle turn a splay of 200mm to 300mm at the corner would allow easier circulation. | 0 | |||
| 10.5.1 - Internal pass doors, including doors to walk-in cupboards, should have a clear opening width of at least 850mm. Door frames should not have threshold plates as these hamper the use of walking aids, trollies and wheelchairs. | 0 | 0 | 0 | |
| 10.5.7 - Internal pass doors, including doors to walk-in cupboards, should have a clear opening width of at least 850mm. Door frames should not have threshold plates as these hamper the use of walking aids, trollies and wheelchairs. | 0 | |||
| 11.1.2 - The ‘path’ must be 800mm wide and there should be space for a wheelchair to turn through 180o, that is a circular area of 1800mm diameter, in the living room(s) and all bedrooms. [It should be noted that ‘the path’ in this context continues to refer to the space that is needed for circulation and access to each item of furniture and to the windows, heating appliances etc within a room.] | 4,940 | |||
| New proposed criterion - Pelmet lighting under wall units should be provided in kitchens to support householders when, for example, preparing food. | 100 | 100 | 100 | 100 |
| 13.5.4 - In all situations the kitchen should be of a size that allows a clear space of 1800mm in front of fittings and appliances to allow a wheelchair user space to manoeuvre and turn through 180o, that is a circular area of 1800mm diameter. | 1,235 | |||
| 14.2.6 - If a wet floor shower facility is not provided in the dwelling, an electrical connection and a capped drainage connection should be installed in the main bathroom to allow for its future installation. The floor build up in the proposed area for a future wet floor shower should be able to accommodate a tray former and associated plumbing with minimal disruption at a later date. If the floor is of solid concrete construction, then a dropped section should be built in to meet the above requirement. In addition, adjacent walls should be of robust construction to be capable of supporting a shower screen to enclose the shower area or grab rails if required. | 260 | 260 | 260 | |
| 14.9.1 - The layout and dimensions of the bathroom should allow for a wet floor shower area with floor gulley, a wash-hand basin and WC and their associated activity spaces. If no bath is provided, space, plumbing and drainage allowances should be made to facilitate the future installation of a bath. Activity spaces should not overlap the space allocated for a future bath. The bathroom must have a sealed impermeable floor and all fittings must be of a design to suit wheelchair use. It is also beneficial if bathrooms in dwellings within a development contain different layouts to allow for different hand preference. | 0 | |||
| 14.9.2 - The space in the bathroom should allow for someone in a wheelchair to turn through 180o, that is a circular area of 1800mm diameter, without being impeded by the door. Except in very large bathrooms this is helped by the door opening outwards, or by the use of sliding or pocket doors as an alternative to hinged doors – but only in cases where the use of sliding or pocket doors would be appropriate for the needs of the household. The plan of the dwelling should ensure that if the door opens outwards this does not cause a hazard. There should also be space for a helper alongside a wheelchair in the bathroom. The allowance for a turning circle should not overlap the wet floor shower area or the area identified for the installation of a bath (where no bath is provided). (Note – the indicative additional cost provided is for increasing the allowance for a turning circle only.) | 760 | |||
| 14.11.6 - All WCs in dwellings should have a suitably protected fused spur adjacent to each WC to allow for any future installation of a WC with washing and drying facilities. | 40 | 40 | 40 | 40 |
| New proposed criterion - The main living room within the dwelling should be provided with a glazed area of not less than 1/8th of the floor area of that room. | 0 | 0 | 0 | 0 |
18.2.3 - All dwellings should have:
|
400 | 400 | 400 | 400 |
| Total | 2,560 | 2,560 | 2,560 | 10,148 |
Table 2 – Two storey, three bedroom, five person semi-detached house
Header codes:
GN = General needs (£ per unit)
OP = Older people (£ per unit)
ADP = Ambulant disabled people (£ per unit)
WU = Wheelchair users (£ per unit)
| Proposed update | GN | OP | ADP | WU |
|---|---|---|---|---|
| 7.5.1 - All entrances to individual dwellings should be step free and have an accessible threshold. There should be a level area of at least 1200mm by 1200mm immediately in front of each entrance. | 0 | 0 | ||
| 9.2.1 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | |||
| 9.2.3 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | 0 | ||
| 9.2.4 - Entrance doors to dwellings should have a minimum clear opening width of 850mm between the door face on one side and the door stop, or second door, on the other. Any weather moulding at the base of the door may intrude into this clear width. | 0 | |||
| New proposed criterion - Entrance doors to individual dwellings may be personalised/ made distinctive from other neighbouring entrance doors, subject to any local planning restrictions that may be in place. | 0 | 0 | 0 | 0 |
| 9.6.1 - The main entrance door should open into a circulation area and not a room. The entrance door should open into a space of at least 1200mm by 1200mm to allow room for manoeuvre with a walking aid. There should be space for a wheelchair, pram or buggy beyond the door swing, and therefore the area should extend for at least a further 600mm with a minimum width of at least 1200mm. | 0 | |||
| 9.6.4 - The main entrance door should open into a circulation area and not a room. The entrance door should open into a space of at least 1200mm by 1200mm to allow room for manoeuvre with a walking aid. There should be space for a wheelchair, pram or buggy beyond the door swing, and therefore the area should extend for at least a further 600mm with a minimum width of at least 1200mm. | 0 | 0 | ||
| 9.6.6 - The circulation space immediately inside the door should allow for a person in a wheelchair to turn through 180o. It should therefore have a minimum width of 1800mm extending at least 1800mm back from the face of the door. There should be space for a wheelchair beyond the door swing and therefore the area should extend for at least a further 500mm with a minimum width of 1200mm. | 1,600 | |||
| 10.2.1 and 10.2.2 - Corridors in individual dwellings should be at least 1200mm wide. Other than on a wall opposite a doorway, an obstruction such as a radiator should project by no more than 100mm, reducing the corridor width to not less than 1100mm over a maximum length of 1200mm. If a corridor has an exposed right angle turn a splay of 200mm to 300mm at the corner would allow easier circulation. | 1,360 | 1,360 | 1,360 | |
| 10.2.3 - Corridors in individual dwellings should be at least 1200mm wide. Other than on a wall opposite a doorway, an obstruction such as a radiator should project by no more than 100mm, reducing the corridor width to not less than 1100mm over a maximum length of 1200mm. If a corridor has an exposed right angle turn a splay of 200mm to 300mm at the corner would allow easier circulation. | 0 | |||
| New proposed criteria - While it is expected that dwellings for wheelchair users will be constructed on the one level, a through floor lift should be installed between floors in cases where the dwelling is constructed on more than one level. The entry to the lift at any level should not be in an area which impacts on an occupant’s privacy, for example, in a bedroom. The floor of the lift should be a minimum size of 1650mm by 1100mm, and there should be space allowance for an 1800mm clear turning circle directly outside of the entrance to the lift on each floor. | 21,400 | |||
| 10.5.1 - Internal pass doors, including doors to walk-in cupboards, should have a clear opening width of at least 850mm. Door frames should not have threshold plates as these hamper the use of walking aids, trollies and wheelchairs. | 0 | 0 | 0 | |
| 10.5.7 – Internal pass doors, including doors to walk-in cupboards, should have a clear opening width of at least 850mm. Door frames should not have threshold plates as these hamper the use of walking aids, trollies and wheelchairs. | 0 | |||
| 11.1.2 - The ‘path’ must be 800mm wide and there should be space for a wheelchair to turn through 180o, that is a circular area of 1800mm diameter, in the living room(s) and all bedrooms. [It should be noted that ‘the path’ in this context continues to refer to the space that is needed for circulation and access to each item of furniture and to the windows, heating appliances etc within a room.] | 6,160 | |||
| New proposed criterion - Pelmet lighting under wall units should be provided in kitchens to support householders when, for example, preparing food. | 200 | 200 | 200 | 200 |
| 13.5.4 – In all situations the kitchen should be of a size that allows a clear space of 1800mm in front of fittings and appliances to allow a wheelchair user space to manoeuvre and turn through 180o, that is a circular area of 1800mm diameter. | 1,840 | |||
| 14.2.6 - If a wet floor shower facility is not provided in the dwelling, an electrical connection and a capped drainage connection should be installed in the main bathroom to allow for its future installation. The floor build up in the proposed area for a future wet floor shower should be able to accommodate a tray former and associated plumbing with minimal disruption at a later date. If the floor is of solid concrete construction, then a dropped section should be built in to meet the above requirement. In addition, adjacent walls should be of robust construction to be capable of supporting a shower screen to enclose the shower area or grab rails if required. | 260 | 260 | 260 | |
| 14.8.2 - Where a dwelling does not have an accessible bath or shower on the principal living level, the accessible sanitary accommodation on the principle living level should be capable of being adapted to accommodate a future shower or form a larger space for wheelchair users. This space allowance should contain an electrical connection and capped drainage connection. The floor build up in the proposed area for a future wet floor shower should be able to accommodate a tray former and associated plumbing with minimal disruption at a later date. If the floor is of solid concrete construction, then a dropped section should be built in to meet the above requirement. In addition, adjacent walls should be of robust construction to be capable of supporting a shower screen to enclose the shower area or grab rails if required. | 0 | 0 | 0 | |
| 14.9.1 - The layout and dimensions of the bathroom should allow for a wet floor shower area with floor gulley, a wash-hand basin and WC and their associated activity spaces. If no bath is provided, space, plumbing and drainage allowances should be made to facilitate the future installation of a bath. Activity spaces should not overlap the space allocated for a future bath. The bathroom must have a sealed impermeable floor and all fittings must be of a design to suit wheelchair use. It is also beneficial if bathrooms in dwellings within a development contain different layouts to allow for different hand preference. | 0 | |||
| 14.9.2 - The space in the bathroom should allow for someone in a wheelchair to turn through 180o, that is a circular area of 1800mm diameter, without being impeded by the door. Except in very large bathrooms this is helped by the door opening outwards, or by the use of sliding or pocket doors as an alternative to hinged doors – but only in cases where the use of sliding or pocket doors would be appropriate for the needs of the household. The plan of the dwelling should ensure that if the door opens outwards this does not cause a hazard. There should also be space for a helper alongside a wheelchair in the bathroom. The allowance for a turning circle should not overlap the wet floor shower area or the area identified for the installation of a bath (where no bath is provided). (Note – the indicative additional cost provided is for increasing the allowance for a turning circle only.) | 640 | |||
| 14.11.6 - All WCs in dwellings should have a suitably protected fused spur adjacent to each WC to allow for any future installation of a WC with washing and drying facilities. | 80 | 80 | 80 | 80 |
| New proposed criterion - The main living room within the dwelling should be provided with a glazed area of not less than 1/8th of the floor area of that room. | 0 | 0 | 0 | 0 |
18.2.3 - All dwellings should have:
|
520 | 520 | 520 | 520 |
| Total | 2,420 | 2,420 | 2,420 | 32,440 |
Regulatory and EU alignment impacts
Is this measure likely to impact on intra-UK trade?
- No negative impact identified.
Is this measure likely to impact on international trade investment?
- No negative impact identified.
Is this measure likely to impact on the Scottish Government’s policy to maintain alignment with the EU?
- No negative impact identified.
Scottish Firms Impact Test
The Scottish firms’ impact test regards all firms with fewer than 50 full time employees as being small businesses. The majority of small firms have fewer than 10 employees and guidelines state that a concerted effort should be made to consult them over policy proposals.
As stated above, consultation with business will take place during the public consultation period and will be presented within the final Business and Regulatory Impact Assessment.
Competition assessment
Having reviewed the four competition filter questions provided within the Office of Fair Trading document ‘Completing competition assessments in Impact Assessments – Guidelines for Policy Makers’, it is considered that the proposals set out in this consultation will not result in a significant impact on competition within the market place.
In support of the above, it is noted that:
- the manner in which standards are set within the Housing for Varying Needs design guide and within building standards allows flexibility in the solutions adopted, thereby reducing the emphasis on performance of individual products or solutions, and
- improved standards are a recognised driver to product improvement and to innovation and, as such, an element of challenge to all parties involved in delivering products and services is expected.
No significant areas where issues of competition, restriction or imbalance would arise have been identified. The total cost of delivering the proposals will largely be proportional to the number of homes delivered, and therefore should not be significantly higher on a per unit basis. To the extent that larger housebuilders benefit from economies of scale in delivering the proposals, these will be part of their wider benefits from economies of scale, and not the result of the proposed standards. Therefore we do not anticipate that the proposals will impose a disproportionate cost on smaller builders relative to larger builders. This will be investigated however through direct discussion within the small firms impact test.
Test run of business forms
There are no new business forms proposed within either of the options identified.
Legal aid impact test
It is not anticipated that there will be any greater demands placed on the legal system by the proposals set out within this consultation. Accordingly, it is not considered that there will be any effect on an individual’s right of access to justice through availability of legal aid or on possible expenditure from the legal aid fund. This will be reviewed further following consultation, and this aspect of the proposals will be verified in discussion with officials from the Scottish Government’s Access to Justice Team prior to production of a final impact assessment.
Enforcement, sanctions and monitoring
Background
The timescale for introducing the updates to Part 1 of the Housing for Varying Needs design guide into homes delivered through the Affordable Housing Supply Programme, and to accommodation delivered through the Gypsy/Traveller Accommodation Fund (or subsequent funding), will be determined following consideration of the outcome of the consultation. Updated building standards and guidance to implement an all-tenure Scottish Accessible Homes Standard will however come into force from 2025-26 (as noted above).
Enforcement and sanctions
Housing for Varying Needs – The terms of the relevant Scottish Government or TMDF authority grant offer letter would contain measures which would allow action to be taken if homes delivered through the Affordable Housing Supply Programme, and accommodation delivered through the Gypsy/Traveller Accommodation Fund (or subsequent funding), did not meet the updated standards. (‘TMDF authority’ refers to the City of Edinburgh Council and Glasgow City Council, both of which manage the Affordable Housing Supply Programme for their own local authority areas as a result of the transfer of management of development funding.)
Scottish building regulations – Work subject to the Building (Scotland) Regulations 2004 generally requires (a) that a building warrant must be obtained before work commences and (b) to have a completion certificate accepted once works are finished. Whether or not such work requires a building warrant is set out under Regulation 5 of the Regulations – the person responsible for the building or works, the ‘relevant person’ as defined in section 17 of the Building (Scotland) Act 2003, is required to ensure compliance with building regulations.
Where a building warrant is required, proposals are subject to the scrutiny of verifiers prior to approval of building warrant or acceptance of a completion certificate. Local authorities have enforcement powers under the Act to ensure compliance with approvals and the Regulations. Cases of non-compliance can be referred to the Procurator Fiscal and persons found guilty of offences in terms of the Act are liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).
Monitoring
Housing for Varying Needs – Affordable housing providers which are delivering homes through the Affordable Housing Supply Programme require to report on adherence to required Housing for Varying Needs standards as part of the grant application process. This is also the case for the Gypsy/Traveller Accommodation Fund, which requires grant applicants to specify how they meet the requirements set out in the Interim Site Design Guide for Gypsy/Traveller sites.
Scottish building regulations – Building regulations are applied within the legislative framework summarised above. In line with Scottish Government policy, any implemented changes which enhance the accessibility, adaptability and usability of Scotland’s housing should be subject to review within a 10-year period. Any future review will be accompanied by a further Business and Regulatory Impact Assessment.
Consumer assessment
Does the policy affect the quality, availability or price of any goods or services in a market?
Households’ housing costs – Homes and accommodation delivered to the criteria set out within the updated Housing for Varying Needs design guide – whether through the Affordable Housing Supply Programme or the Gypsy/Traveller Accommodation Fund (or subsequent funding) – will contain enhanced accessibility, adaptability and usability standards. It is not envisaged however that these enhanced standards will result in increased rental costs for tenants. This is because of the flexible nature of the grant funding regime that underpins the Affordable Housing Supply Programme (which ensures that rents remain affordable), and the requirement that accommodation delivered through the Gypsy/Traveller Accommodation Fund should also be made available at an affordable rent level. We would however intend to explore this matter further with relevant parties during the consultation period.
It is likely that households that are seeking to buy properties which have been delivered through the Affordable Housing Supply Programme would see an increase in the price that they require to pay. Further, any purchase price increase for any type of home would be greater for households that are seeking to buy a home that is designed specifically for a wheelchair user – it is acknowledged that this difference is particularly marked in the case of a two storey, three bedroom, five person semi-detached house given the proposal to install a through floor lift within the dwelling. We therefore also intend to explore this particular matter – alongside the maintenance obligations associated with (a) requiring communal entrances to have automatic opening and powered swing doors installed as standard and (b) through floor lifts being installed as standard in dwellings for wheelchair users where the dwelling is constructed on more than one level – with relevant parties during the consultation period.
The introduction of changes to building standards and guidance to implement the all-tenure Scottish Accessible Homes Standard is also likely to result in an increase in the purchase price of homes being delivered by the private sector. We therefore intend to explore this matter further – alongside the maintenance obligations associated with requiring communal entrances to have automatic opening and powered swing doors installed as standard – with relevant parties during the consultation period.
Housing design – In addition to wider changes to building standards relating to improvements to energy and fabric efficiency, it is likely that a number of private sector standard house-types in particular will require some form of redesign to comply with the enhanced provisions we are proposing. The proposals would not however preclude/ prohibit the design or construction of any one particular house-type as long as they are adjusted to address the underlying principles of accessibility, adaptability, and usability. As all developments are subject to planning considerations we would expect developers and planners to work together to implement the enhanced provisions we are proposing. Recognising the cumulative impact of these changes, there may be merit in further investigating the impact that these will have on standard house types and designs.
Does the policy affect the essential services market, such as energy or water?
- No impact on the essential services market.
Does the policy involve storage or increased use of consumer data?
- No impact on the storage or increased use of consumer data identified.
Does the policy increase opportunities for unscrupulous suppliers to target consumers?
- No negative impact identified.
Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these?
- No negative impact identified.
Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues?
- No negative impact identified.
Digital impact test
No digital impact considerations have been identified with respect to the proposals.
Implementation and delivery plan
As set out within Housing to 2040, Ministers intend to introduce further all-tenure improvements via amendment of building standards and supporting guidance – bringing changes into force from 2025-26. The timescale for introducing the updates to Part 1 of the Housing for Varying Needs design guide into homes delivered through the Affordable Housing Supply Programme, and to accommodation delivered through the Gypsy/Traveller Accommodation Fund (or subsequent funding), will be determined following consideration of the outcome of the consultation.
Summary and recommendation
This Partial Business and Regulatory Impact Assessment lays out the rationale behind proposals to enhance the accessibility, adaptability and usability of Scotland’s housing. The consultation will be used to shape and finalise the proposals, with the Final Business and Regulatory Impact Assessment being informed by the consultation responses.
Declaration and publication
Sign-off for Partial Business and Regulatory Impact Assessment:
I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits and impact of the proposals. I am satisfied that business impact will be assessed with the support of businesses in Scotland.
Paul McLennan MSP
Minister for Housing
Scottish Government contact point: accessiblehousingconsultation@gov.scot
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