I have a query regarding whether a management company has an obligation to make doors into apartment complexes accessible for owners with disabilities.
My son owns an apartment in a large complex of about eight buildings. His building has approximately 20 apartments in it. The doors into the buildings have been upgraded over two years.
My son has cerebral palsy and uses a walker. He is independent and loves living his own life in his apartment. However, his new door is extremely heavy to open, so it is difficult for him to open it with the key and hold it open while he manoeuvres inside with his walker.
I wrote to the management company asking if they could make the door more suitable by putting in an electric opening mechanism. In its reply the management company said all the block doors were replaced as the original doors were of much lesser quality. It added that all the doors were the same and there are no plans at this time to install a fob system or an automatic release system. They seem not to have taken on board the fact that the new doors are causing an accessibility issue for my son.
I am wondering is there a legal requirement for them to make the door more accessible or are there are any grants they could avail of to do this? I am sure this situation is relevant to many of your readers, where accessibility is an issue.
The management company does indeed have an obligation to make doors into the apartment complex accessible for all owners and residents and this naturally includes those with disabilities. Apart from a moral obligation, the management company also has a legal obligation in this regard.
The requirement at part M1 of the second schedule to the building regulations (as amended) states that adequate provision shall be made for people to access and use a building, its facilities and its environs. This includes any modifications to the building such as the replacement of the common area doors to the apartment block.
As apartment blocks age, upgrade works are required, and this is inevitable. When upgrade works are taking place, the management company must ensure to meet the standard set in the building regulations. The 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 such as entrances, circulation and so on must comply with M1.
If the new door is too heavy for a resident to operate, the management company must act to address the matter. This is a problem for many users of this door such as those with disabilities or temporary injuries, elderly people and people with young children in buggies. A simple solution in this case would be to install electronic fob access to that door and the management company are required to do so.
Part M of the regulations sets out guidance on the minimum level of provision to meet requirements. As it is, it is possible that this door may pose an undue hazard for users and this exposes a liability for the management company. The regulations state that if the force required for opening doors is too great or its speed of closing is too fast, people with disabilities risk being pushed off balance, and such entrance doors should have controlled closing devices and allow independent use by people with disabilities. More information can be found on this by reading the building regulations Technical Guidance Document M, 2022, Access and Use, (see 1.2.4 Accessible Entrance Doors, pages 50-57).
If the management company has missed the point that you were making then you may need to make the point again. The company exists to represent each owner and member of the company. It has a duty and obligation to ensure that the buildings are maintained to a standard that can be enjoyed by all of those people coming and going. This duty extends to health and safety issues.
This may be deemed a health and safety issue and, on that basis, the management company should act immediately and make a plan to install an electronic fob access system to this door.
Aisling Keenan is a property managing agent and consultant and an associate member of the Society of Chartered Surveyors Ireland
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