Access to heritage places

All buildings, including heritage places, are subject to the requirements of the Commonwealth Disability Discrimination Act 1992 (DDA) and complementary state-based legislation. The DDA applies whether buildings are in public or private ownership (excluding private residences). The DDA requires that people with disabilities be given an equal opportunity to access premises without discrimination unless a case of unjustifiable hardship exists.

Should heritage buildings undergo change then the requirements of the National Construction Code (NCC) Volume 2 Building Code of Australia (BCA), will apply to the new work and this includes a number of specific provisions for people with disabilities. There is also a requirement under the Premises Standards (see below) for the affected part (the accessway from the new work to and through the main pedestrian entry) to also comply with the BCA requirements for access for people with disabilities.

Providing access for all to heritage places has broader equity issues including improved access that benefits a range of users including carers with strollers, couriers and furniture movers as well as people with disabilities. Inclusive design, universal design or access for all, is an overriding objective that should always be aimed for when upgrading a heritage place.

Application of the Premises Standards/BCA to heritage buildings

Both the Premises Standards and the BCA are applicable to new buildings and new building work in heritage and other existing buildings.

The Premises Standards include details of what could constitute unjustifiable hardship. Clause 4.1(l) includes as one of the possible reasons for unjustifiable hardship ‘if detriment involves loss of heritage significance – the extent to which the heritage features of the building are essential, or merely incidental, to the heritage significance of the building.’

There is also the possibility of performance solutions under the NCC which can provide successful outcomes and still meet the performance requirements of the NCC.

Heritage

Heritage legislation at commonwealth, state and territory or local level seeks to conserve and protect the heritage significance or heritage values of a place. Significance is expressed in a statement of significance which describes the value of the place to the community and includes a range of criteria embodying aesthetic, historic, scientific and social values. These are defined in The Burra Charter: The Australia ICOMOS Charter for Places of Cultural Significance, 2013 (Burra Charter).

The heritage values can be found in a range of possible documents such as:

• a conservation (or heritage) management plan (CMP)
• a heritage assessment report
• a state or federal heritage inventory sheet
• a local government heritage report or register
• a non-government heritage inventory such as those with the National Trust or Australian Institute of Architects.

Most statements of significance will define what is most important about a place and this will enable an understanding of what elements are important to conserve to retain significance and other areas where change is possible.

Guiding principles for architects

In providing access for people with disabilities to heritage places, the aim is to meet the obligations of the various acts and regulations while providing the same opportunities for all people, including those with disabilities, to use, appreciate and enjoy heritage places. Architects need to understand the issues and guide the process with support as required. This includes ensuring access for all through providing:

(a) car parking as close as is reasonably possible
(b) access to the buildings on a common or similar route
(c) access into the building at the same entry used by all where possible. This is usually referred to as the principal public entrance and may or may not be the original or historic entry
(d) access through each level of a building
(e) access to, and between, all levels of the building
(f) use of toilets and other facilities
(g) information in all formats written, visual and audio
(h) equal access to services such as telephones, vending machines, counters and retail outlets
(i) access throughout the site including open space, landscapes, gardens and garden structures.

Inclusive design and universal access is about ensuring independence and dignity for all users entering and using places. Some details in (g), (h) and (i) above may not be included in the BCA but are factors that are within the DDA. Good design should make the building and site accessible.

The objective is to achieve maximum access with minimal impact on the heritage values while complying with relevant heritage, planning and building legislation and adopting the sound conservation philosophy contained in the Burra Charter.

Process

The recommended process for architects to implement a scheme for improving access to a heritage place is to:

(a) Determine the significance of the heritage building or place and identify the elements of significance.
(b) Undertake an access audit, using an access consultant if necessary, to determine the place’s existing and required level of accessibility.
(c) Develop accessibility options and test the required access against the statement of significance or a CMP’s conservation policies (see Heritage above). The option that maximises access with the least impact on heritage significance should generally be selected.
(d) Establish a preferred solution and prepare an action or implementation plan. The final strategy to overcoming access issues in heritage places may involve performance-based responses rather than BCA deemed-to-satisfy solutions and can include management responses such as managing access or providing awareness training.
(e) Obtain appropriate heritage, planning and building approvals prior to implementing the action required.

The Australian Institute of Architects National Access Work Group kindly contributed to the content of this note