Hi,

There is currently no definition of "public" in DDA terms; we will have to wait for case law to clarify.  John in your example how would you differentiate between a relative passing through the same corridor as a local resident visiting the common room for bingo?  If the housing association hold training courses for regional staff in the room should this make it a public area?

As with everything, we need to take each case individually and observe the various functions closely, particularly until we have clarity.  Clarity can only come from case law now, I'm afraid.  I'm watching cases, and will pass them on if I spot them.

The DRC have done something about this and the landlord and tenant grey areas generally.  In late September they gathered together the lawyers, barristers and surveyors dealing with the subject for a seminar.  They are keen to progress.  A number of articles have appeared in the property press too. 

Regards

Helen

From: John Gregory <[log in to unmask]>

>Reply-To: Accessibuilt list <[log in to unmask]>
>To: [log in to unmask]
>Subject: Re: Housing Associations and DDA
>Date: Thu, 25 Nov 2004 16:19:39 -0000
>
>Hi,
>
>Common areas in sheltered accommodation would, in my opinion, not count as
>public access.  Tenants of these premises often have family and friends
>visiting, but they could not be classed as 'the public'.  this would be like
>saying that anyone visiting your own home would be a member of the public
>and that your house should be made accessible.
>
>As I understand the current position, areas that are used for 'public'
>functions such as holding bingo in the comon room to which local residents
>could attend would be classed as somewhere that would fall into Part III.
>coffee mornings, charitable events, WI meetings etc etc would also, if they
>were held in such premises, be subject to Part III.
>
>I agree that this is a difficult area to define and one which the DRC should
>be addressing to clarify the situation.
>
>John Gregory
>Access Officer
>
>-----Original Message-----
>From: clare [mailto:[log in to unmask]]
>Sent: 25 November 2004 16:00
>To: [log in to unmask]
>Subject: Re: [ACCESSIBUILT] Housing Associations and DDA
>
>
>Helen,
>
>Thanks for the reply, we are hoping to advise a housing association client
>who have not addressed the DDA at all on where they should be focussing
>their efforts.
>
>I don't know the full detail on their building stock but understand that
>they have some offices to which there is limited public access and that some
>of the blocks are designed as sheltered and assisted housing and include
>common parts such as entrance areas and common rooms.  As I understand their
>Part II obligations are relatively straightforward in terms of the office
>accommodation in that they have non-anticipatory duties to make reasonable
>adjustments for their staff.  What I'm not so clear on is exactly which
>areas would be considered 'public' under Part III and who would be classed
>as 'public' in terms of those visiting tenants etc.
>
>They are looking to carry out very brief appraisals of current accessibility
>as part of a wider condition survey (despite our efforts to explain the
>limitations of such an approach) before going on to undertake more detailed
>access audits in the future.
>
>Any clarification would be greatly appreciated as would and sources of
>further information.
>
>Regards
>
>Clare
>
>----- Original Message -----
>From: helen kane <mailto:[log in to unmask]>
>To: [log in to unmask] <mailto:[log in to unmask]>
>Sent: Thursday, November 25, 2004 3:18 PM
>Subject: Re: Housing Associations and DDA
>
>
>Yes, I work with them - but do you mean the residential common parts or
>offices?  For offices they are clearly service providers, so pretty much
>standard duties, but residential .... well that's a can of worms.
>
>Let me know and I'll help.
>
>Helen
>
>
> >From: clare < [log in to unmask]
><mailto:[log in to unmask]> >
> >Reply-To: Accessibuilt list < [log in to unmask]
><mailto:[log in to unmask]> >
> >To: [log in to unmask]
> >Subject: Housing Associations and DDA
> >Date: Thu, 25 Nov 2004 14:51:10 -0000
> >
> >Hello all,
> >
> >Could anyone point me in the direction of some basic information on the
>obligations of housing associations under Part III of the DDA - i.e. access
>to common parts etc?
> >
> >Thanks
> >
> >Clare Armstrong
> >
> >----------End of Message----------
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