Consultation outcome

Equality impact assessment for the provision of toilets

Updated 15 May 2024

This document records the analysis undertaken by the Department for Levelling Up, Housing and Communities to fulfil the requirements of the Public Sector Equality Duty (PSED) as set out in Section 149 of the Equality Act 2010. This requires the department to pay due regard to the need to:

1. eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
2. advance equality of opportunity between people who share a protected characteristic and those who do not
3. foster good relations between people who share a protected characteristic and those who do not.

The protected characteristics which should be considered are:

• age
• disability
• sex
• gender reassignment
• marriage or civil partnership
• pregnancy and maternity
• race
• religion or belief
• sexual orientation.

Please note that in relation to the protected characteristic of marriage and civil partnerships, the department is required to have due regard only to the first point in the first paragraph above.

Section 1

1.1 Policy/Service

In October 2020, the government published a technical call for evidence on toilet provision for men and women. This followed concerns that increasing numbers of publicly accessible toilets were being converted into ‘gender neutral’ facilities with shared waiting and hand-washing facilities, causing safety and privacy concerns, especially for women.  

Following this, in July 2022, the government announced via a written ministerial statement that it aimed to ensure separate toilets for men and women continue to be provided by amending the Building Regulations and publishing new statutory guidance. This guidance would set out that the provision of universal toilets is encouraged where space allows and, where universal toilets are provided, that privacy is ensured. There was no previous policy or regulation in place for the provision of specific types of toilet accommodation, including single-sex and universal toilet accommodation, in non-domestic buildings.

A technical consultation ran from 13 August to 8 October 2023, which sought views on the government’s aims and proposed changes to the Building Regulations and new statutory guidance. Responses showed overall support for the government’s proposed policy with 81% agreeing with the intention for separate single-sex toilet facilities and 82% agreeing with the intention to provide universal toilets where space allows. 

An amendment to the Building Regulations will be made to create a new technical requirement, Part T. This requirement reads as:

T1. (1) Toilet accommodation in buildings other than dwellings-

• must consist of-
  • reasonable provision for male and female single-sex toilets, or
  • where space precludes provision of single-sex toilets single-sex toilets, universal toilets, and
• may consist of universal toilets in addition to single-sex toilets.

The new requirement will ensure provision of single-sex toilets is maintained and will also encourage the provision of universal toilets, consequently meeting the government’s policy intent. This will ensure safety, privacy and dignity for all members of society when using toilets. 

Exemptions to the new requirement include: en-suite facilities in individual rooms for residential purposes; residential rooms in care homes (as defined in section 3 of the Care Standards Act 2000); schools (as defined in section 4 of the Education Act 1996); premises, or part of any premises, used wholly or mainly for early years provision within the meaning of section 20 of the Childcare Act 2006 by an early years provider to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies; and cellular accommodation in custodial facilities.

The Building Regulations apply when new building work is being undertaken or where a building undergoes  a material change of use. They are not retrospective; do not set standards for existing buildings and do not direct how buildings should be managed or used.

New statutory guidance (Approved Document T) will be introduced alongside the new legislation to support compliance with the new requirement. Approved Document T sets out the design of four types of toilet accommodation that are suitable for meeting requirement T1:  

• Type A - Fully enclosed self-contained ambulant universal toilet.
• Type B - Fully enclosed self-contained universal toilet.
• Type C - Ambulant single-sex toilet cubicle (not self-contained).
• Type D - Single-sex toilet cubicle (not self-contained).

There is separate statutory guidance on the design of a wheelchair-accessible unisex toilet and a WC compartment for ambulant disabled people in Section 5 of Approved Document M, Volume 2. Statutory guidance on the provision for baby changing and Changing Places toilets is also provided in Section 5 of this document. The requirements of Part M in the Building Regulations will remain unchanged.

Following the new regulatory changes, there will be a requirement to provide toilet facilities in the following order:

1. A wheelchair-accessible unisex toilet, where there is space for only one toilet (Approved Document M, 5.7 (a)).
2. One ambulant cubicle in single-sex accommodation (Approved Document M, 5.7 (c)).
3. Single-sex toilets with single-sex shared or individual hand-washing facilities (ambulant or non-ambulant). Fully enclosed universal toilets can also be provided in addition.
4. Fully enclosed universal toilets (ambulant or non-ambulant) where space precludes single-sex toilets from being provided.
5. At the discretion of the building owner/designer, further toilets as described in Approved Document T, plus existing requirements for ambulant (enlarged, where four or more cubicles are provided), Changing Places and assisted accessible toilets where required in Approved Document M.

Available space for toilet accommodation will vary from building to building; once provision is made for single-sex toilet facilities, any remaining space for toilet accommodation can be considered for universal toilet provision. Approved Document T does not state the number of toilets which should be provided but refers to BS6465-1 for further guidance on the levels of provision of certain types of toilet facilities in different settings.

If this policy was not implemented, toilet accommodation would continue to be provided with no guarantee of single-sex provision, and no specification for universal toilets to offer appropriate levels of safety and privacy. Several of the negative impacts listed in this document will not apply to every outcome possible from this policy or will have very limited impact (for example, where there is not space for two toilets). These negative impacts also must be compared to the current provision of toilets and the likely provision of toilets in the future if this policy was not implemented (for example, where universal toilets are currently not built or are not built to an appropriate level of safety and privacy).

Section 2

2.1 Summary of the evidence considered in demonstrating due regard to PSED

Due regard to the Public Sector Equality Duty has been demonstrated throughout policy development and as part of the final policy decision.

Call for evidence

Government received 17,589 responses to the initial call for evidence in October 2020, generally calling for greater consideration in the range of toilets and to preserve safety, privacy and dignity for toilet users. 86% of responses cited safety concerns for identified groups of people using toilets. 79% of responses mentioned safety for trans/non-binary people and 75% mentioned safety concerns for women. More than 12,000 responses raised issues with each of the following regarding current provision of toilets: menstruation, family use, disabled use and medical conditions. 

Responses gave detailed insights and evidence into potential equalities impacts across the range of issues. Based on this insight, an initial Equality Impact Assessment (EqIA) was published alongside the consultation document, which assessed equalities impacts from the proposed policy proposal against each protected characteristic.

Public consultation

Responses to the initial EqIA were invited as part of the consultation process. Responses to question 19 “Do you agree with the impacts presented in our equality impact assessment?” have been considered and analysed as part of this EqIA and the policy development.

There were 1096 respondents. Most respondents did not agree with the impacts presented: 38% answered ‘yes’, 53% answered ‘no’ and 9% did not answer the question. 631 respondents provided further written supporting evidence with their answer.

163 respondents discussed the types of toilets covered in Approved Document T. Of these:

• 86% commented on the negative implications of not providing universal toilets as a mandatory requirement.
• 7% were in favour of providing only universal toilets.
• 4% supported the provision of universal toilets before single-sex toilets.
• 3% supported the provision of single-sex toilets only.

Separately, 250 respondents discussed the importance of single-sex toilets in the context of the use and management of toilets. Clear signage of toilets also received overwhelming support and comments from all groups.

Responses to question 19 highlighted safety, privacy and dignity concerns from a wide range of protected characteristic groups, including age, disability, gender reassignment, pregnancy and maternity, religion or belief, sex and sexual orientation. Responses also included many requests for a specific requirement for universal enclosed toilets, rather than ‘where space allows’ from a wide range of protected characteristic groups, including age (younger and older), disability, gender reassignment, sex (particularly for two people of a different sex requiring use of one toilet) and sexual orientation. Concerns on the increased pressure on the use of accessible toilets for a variety of users, particularly where universal enclosed toilets are not provided, were noted. The impact on disabled people was noted, though the Building Regulations do not direct the use and management of buildings.

Change in Requirement wording

Despite overall support for the government’s proposed policy in the consultation, several responses suggested that the wording for the proposed requirement which was consulted on had the potential to cause confusion. Therefore, the requirement’s wording has been revised to ensure clarity. The requirement previously stated that “reasonable provision must be made for specific types of toilet accommodation…for use as: (a) single-sex toilets…and/or (b) fully enclosed universal toilets.”  

This also followed concerns from initial analysis as part of this EqIA that the lack of clarity of the previous requirement wording could lead to negative equalities impacts. The original policy intent remains the same with the new requirement wording.

Toilet design research

Government also commissioned consultants, Ove Arup Limited (Arup), to research and propose the layout and equipment for new toilets. The purpose of their report was to provide DLUHC with data, layouts and evidence to inform future consideration and policy development work on the design of toilet facilities to meet the requirements (including space requirements) of a range of different users.  

This EqIA considers the responses from the call for evidence and the initial EqIA published as part of the consultation and expands upon this with further detail and analysis of equalities impacts. This EqIA also takes into account changes to the proposed T1 requirement following analysis of consultation responses and further policy development.

2.2 Assess the impact

The Department for Levelling Up, Housing and Communities commissioned Jane Simpson Access to support its analysis of respondents’ views received during the consultation and to support the assessment of the impacts on protected characteristics from the policy.

The potential, likely, actual or perceived positive and negative impacts of the policy on each protected characteristic, individually and across dual and multiple protected characteristics, have been considered. Impacts have been considered in reference to the Equality Act 2010 Public Sector Equality Duty.

Perceived concerns

As we all receive, perceive and process information differently, consultation and engagement with people with personal experience of the Equality Act protected characteristics is essential for effective equality analysis. Perceived concerns should be acknowledged and addressed during the analysis, in addition to potential barriers or inequalities identified. The responses to the previous Equality Impact Assessment have been considered and analysed, as an indication of perceived public concerns regarding the policy.

Inclusive design equality concerns identified include:

• The fact that provision must be made for single-sex toilets (unless where space precludes) but universal toilets can also be provided, but only in addition to single-sex toilets. No justification for the unequal treatment is provided, such as spatial constraints.
• Potential disadvantage to disabled people as a result of the increased demand on the use of accessible toilets. As there is no mandatory provision for universal toilets, a wide range of people including parents with children of the opposite sex, older people requiring a companion of the opposite sex, non-binary, trans and LGBT groups may use the accessible toilet in buildings.
• Discrimination is possible for gender reassignment, sexual orientation and two people with the opposite sex (e.g. a father and daughter who would wish to occupy the same toilet at the same time) as a result of the absence of a mandatory requirement to provide universal toilets. The expression in the new requirement ‘can also be provided in addition’ is not mandatory.

Age

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all age groups, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact on older and younger people.
• The guidance includes a provision for disposal bin space in all toilets.

Negative impacts

• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.
• Where universal toilets are not provided, demand pressure on accessible toilets by a wide range of people may increase, limiting use and increasing waiting times for disabled people and those with the protected characteristic of age.
• The absence of single-sex toilets in buildings where space precludes provision may be discriminatory to older and younger people. This relates to the absence of ‘familiar’ single-sex facilities which older people have been conditioned to expect and younger people trained to seek out in public toilet facilities. The test of reasonableness may be difficult to evaluate without further spatial guidance.

Overall impact

Positive.

Some negative impacts where universal toilets in addition to single-sex toilets are not provided and vice-versa.

Potential actions to address the differential impact

• Ensure continued engagement with all age groups and representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Ensure that feedback received on identified and perceived barriers to inclusion are addressed by the project team.
• Make reference to the Equality and Human Rights Commission (EHRC) Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Disability

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to disabled people, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users. The new toilet designs may accommodate disabled people who do not require accessible toilets.
• Where provided, universal toilets could reduce pressure on the use of accessible toilets by a wide range of people who cannot / choose not to use single-sex toilets.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.
• The guidance includes a provision for disposal bin space in all toilets.

Negative impacts

• The introduction of the term ‘universal toilets’ may create confusion. Confusion between an accessible and universal toilet may lead to misuse. This is likely to have a disproportionate impact on disabled people.

Overall impact

Positive.

Some negative impacts where universal toilets in addition to single-sex toilets are not provided.

Potential actions to address the differential impact

• Continue to provide information on the Approved Document in a wide range of formats, including websites, social media, press, engagement and consultation.
• Ensure continued engagement with disabled people and representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use. Co-design with disabled people with a range of personal experiences is recommended.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Ensure that feedback received on identified and perceived barriers to inclusion continue to be addressed by the project team.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Gender reassignment

Positive impacts

• Where provided, universal toilets in addition to single-sex toilets increase options and safety and may reduce intimidation, harassment and questioning.
• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit, as it may create clarity for all.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.
• The guidance includes a provision for disposal bin space in all toilets.

Negative impacts

• The absence of a universal toilet may result in self-exclusion from the toilet facilities and the building.
• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.

Overall impact

Positive where universal toilets in addition to single-sex toilets are provided.

Potential actions to address the differential impact

• Ensure continued engagement with this group and representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use. Co-design with people with a range of personal experiences including gender reassignment is recommended.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Ensure that feedback received on identified and perceived barriers to inclusion continue to be addressed by the project team.
• Acknowledge limitations on available data, diversity in attitudes, culture and experiences, discrimination and barriers.
• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Marriage and Civil Partnership

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.

Negative impacts

• None identified.

Overall impact

Positive.

Potential actions to address the differential impact

• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Use the engagement process to assess if there are any further impacts to be considered.

Pregnancy and maternity

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users, particularly this group.
• Provision of a fully enclosed universal toilet where space precludes single-sex toilets will result in one larger toilet rather than two smaller toilets.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.
• The guidance includes a provision for disposal bin space in all toilets.

Negative impacts

• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.
• The introduction of the term ‘universal’ toilets may create confusion. Confusion between an accessible and universal toilet may lead to misuse.
• Any change may be confusing for some people, particularly people who may need to use the toilet with more urgency than others and younger people. Altering habitual practices requires adjustment and initial confusion may take longer to overcome for younger people.

Overall impact

Positive.

Some negative impacts where universal toilets in addition to single-sex toilets are not provided.

Potential actions to address the differential impact

• Ensure continued engagement with representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use. Co-design with people with a range of personal experiences including pregnancy and maternity is recommended.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Ensure that feedback received on identified and perceived barriers to inclusion continue to be addressed by the project team.
• Acknowledge limitations on available data, including capturing relevant pregnancy and maternity data.
• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Race

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.
• Introduction of new toilet designs with fully enclosed toilets and integral washbasins may benefit some people in this group.
• The provision of single-sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.

Negative impacts

• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.
• The introduction of the term ‘universal’ toilets may create confusion. It is noted that the term universal is often used in the context of accessible. Confusion between an accessible and universal toilet can lead to misuse.

Overall impact

Positive.

Potential actions to address the differential impact

• Develop a range of clear signage for the four new toilet types to clarify intended use.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Use the engagement process to assess if there are any further impacts to be considered.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Religion or belief

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.
• Provision of single sex toilets, which are required by some people with religions or beliefs.
• Introduction of new toilet designs with fully enclosed toilets and integral washbasins may benefit some people in this group.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.

Negative impacts

• Where universal toilets are not provided, building users will have to use the male, female or accessible toilet. This may result in increased demand pressure on accessible toilets and increasing waiting times for disabled people. The increased competition for use of an accessible toilet may result in a negative reaction from other people. It should be noted that some accessible toilets may be secured with a device such as a Radar key, preventing use by non-disabled people.
• The absence of single-sex toilets in buildings where space precludes provision may be discriminatory to people with some religions or beliefs regarding the use of a toilet by a person of one sex after use by another sex. The test of reasonableness may be difficult to evaluate without further spatial guidance.

Overall impact

Positive.

Some negative impacts where universal toilets in addition to single-sex toilets are not provided.

Potential actions to address the differential impact

• Ensure continued engagement with representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use. Co-design with people with a range of personal experiences including religion or belief is recommended.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

Sex

Positive impacts

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to this group, as it may create clarity for all.
• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.
• Potential for improved safety, privacy and dignity. Concerns for safety (particularly women’s safety in the absence of single-sex toilets) were noted by respondents to both the call for evidence and the technical consultation.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.
• The guidance includes a provision for disposal bin space in all toilets.

Negative impacts

• The absence of single-sex toilets in buildings where space precludes provision may be discriminatory to this characteristic group. The test of reasonableness may be difficult to evaluate without further spatial guidance.
• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.
• The introduction of the term ‘universal’ toilets may create confusion. Confusion between an accessible and universal toilet may lead to misuse.
• Any change may be confusing for some people. Altering habitual practices requires adjustment and initial confusion may take time to overcome.

Overall impact

Positive.

Potential actions to address the differential impact

• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Use the engagement process to assess if there are any further impacts to be considered.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.
• Emphasise the importance of providing a universal toilet in addition to accessible and single-sex toilets in a building to accommodate all users. Use of the expression ‘must be provided in addition’ in place of ‘can also be provided in addition’ in the context of universal toilet provision in addition to single-sex provision would provide a balanced equalities ‘Requirement’ status. For situations where provision of single-sex toilets only may be appropriate, a test of reasonableness based on specific spatial criteria should be available.

Sexual orientation

Positive impacts

• Where provided, universal toilets in addition to single-sex toilets increase options and safety and may reduce intimidation, harassment and questioning.
• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit, as it may create clarity for all.
• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex. This has a multiple characteristic impact.

Negative impacts

• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.
• Any change may be confusing for some people. Altering habitual practices requires adjustment and initial confusion may take time to overcome.

Overall impact

Positive.

Some negative impacts where universal toilets in addition to single-sex toilets are not provided.

Potential actions to address the differential impact

• Ensure continued engagement with representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.
• Develop a range of clear signage for the four new toilet types to clarify intended use. Co-design with people with a range of personal experiences including sexual orientation is recommended.
• Undertake a publicity and awareness programme to describe the changes and the new toilet types.
• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.
• Ensure that feedback received on identified and perceived barriers to inclusion continue to be addressed by the project team.
• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.
• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document Appendix C, Documents referred to.^{[footnote 1]}
• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

2.3 Summary of the analysis

Positive impact summary

• Provision of single sex toilets, which are required by some people with religions or beliefs.

• Potential for improved safety, privacy and dignity.

• The provision of single sex toilets in addition to universal toilets may address a range of issues relating to the use of a toilet by a person of one sex after use by another sex.

• The guidance on providing a wider range of sanitary facilities with clear signage has a positive benefit to all age groups, as it may create clarity for all.

• The inclusive design recommendations based on recent and specifically commissioned research should create larger toilets with more targeted designs to accommodate a wider range of building users.

• The new toilet designs may accommodate disabled people who do not require accessible toilets.

• Where provided, universal and ambulant toilets have the potential to enhance provision above single-sex toilets to include facilities such as space for disposal bins; private washbasins; horizontal and vertical support rails in consistent locations; horizontal closing bars on doors; coat and bag high and low hooks; a cistern and shelf in a set height range; space for an assistance animal and uniformity of layout.

• Where provided, universal toilets could reduce pressure on the use of accessible toilets by a wide range of people who cannot / choose not to use single-sex toilets.

• Where provided, universal toilets in addition to single-sex toilets increase options and safety and may reduce intimidation, harassment and questioning.

• Introduction of new toilet designs with fully enclosed toilets and integral washbasins may benefit some people in the pregnancy and maternity, race, religion or belief and disability groups particularly.

Negative impact summary

• Where universal toilets are not provided demand pressure on available accessible toilets may increase. This could lead to queuing and waiting times for people, especially disabled people, who may need the specific facilities available in an accessible toilet. The increased competition for use of an accessible toilet may result in a negative reaction from other people. It should be noted that some accessible toilets may be secured with a device such as a Radar key, preventing use by non-disabled people.

• The absence of single-sex toilets in buildings where space precludes provision may be discriminatory to people with the protected characteristics of age, religion or belief and sex. The test of reasonableness may be difficult to evaluate without further spatial guidance.

• The addition of a number of new types of toilet facilities with a wider range of signage may be confusing and potentially subject to misinterpretation and unintended misuse.

• The introduction of the term ‘universal’ toilets may create confusion. Confusion between an accessible and universal toilet may lead to misuse. This is likely to have a disproportionate impact on disabled people.

• Any change may be confusing for some people, including some disabled people. Altering habitual practices requires adjustment and initial confusion may take longer to overcome for some groups.

Summary of potential actions applicable to all groups

Potential mitigations as outlined below have been checked against recent and ongoing research and guidance documents and case law. Previous responses in the call for evidence and consultation have been considered.

• Develop a range of clear signage for the four new toilet types to clarify intended use.

• Undertake a publicity and awareness programme to describe the changes and the new toilet types.

• Consider the use of the term ‘universal’ and potential confusion with ‘accessible’. Develop signage using the principle of three senses to provide clarity on the distinction between the two toilet terms.

• Emphasise the benefits of providing universal toilet(s) in addition to accessible and single-sex toilets in a building to accommodate all users. Use of the expression ‘must be provided in addition’ in place of ‘may consist of universal toilets in addition’ in the context of universal toilet provision in addition to single-sex provision would provide a balanced equalities ‘Requirement’ status. For situations where provision of single-sex toilets only may be appropriate, a test of reasonableness based on specific spatial criteria should be available.

• Be mindful of the potential for further undisclosed impacts and dual protected characteristics.

• Acknowledge limitations on available data analysis, including vast diversity in attitudes, culture, racism and experiences, pregnancy and maternity, discrimination and barriers.

• Continue to provide information on the Approved Document in a wide range of formats, translation and interpretation, including websites, social media, press, engagement and consultation.

• Use the stakeholder engagement process to assess and further understand the impact of the changes and adapt to create an inclusive design for all.

• Ensure continued engagement with all groups and representative organisations to explore concerns about the changes and to mitigate any negative impacts of changes.

• Ensure that feedback received on identified and perceived barriers to inclusion are addressed.

• Make reference to the EHRC Guidance for providers of single-sex services regarding the use and management of toilet facilities in the Approved Document.

• Clarify spatial guidance in Approved Document T regarding the provision of only two toilets in one building.

We have considered all the above mitigations and propose to take forward mitigations that will improve understanding of the policy through clearer policy wording and guidance, in addition to stakeholder engagement and wider communications when introduced.

Approved Document T will continue to state that toilet accommodation should have “clear and appropriate signage at the entrance door to the toilet type” and “display clearly an internationally standardised signage symbol for a universal toilet which should be PI PF 003 from BS ISO 7001.” This will help provide clarity and minimise confusion for toilet users.

More detailed guidance has been added to Approved Document T since the consultation to support understanding of the requirement T1, regarding the provision of single-sex and universal toilets, such as: “available space for toilet accommodation will vary from building to building; once provision is made for single-sex toilet facilities, any remaining space for toilet accommodation can be considered for universal toilet provision.” We have also made it clearer that where there is not sufficient space to provide single-sex toilet facilities, fully enclosed universal toilets should be provided (a wheelchair-accessible unisex toilet still needs to be provided, as per Approved Document M). This provides further guidance for smaller buildings (i.e. where there is space for only one or two toilets).

We will monitor the implementation of the new requirement through normal processes, as set out in Section 3.2 of this document.

We are not able to take mitigations forward that relate to the use and management of buildings, as these are beyond the scope of the Building Regulations (i.e. EHRC guidance for providers of single-sex services).

We plan on continuing to use the term universal because it is inclusive of more protected characteristics compared to potential alternatives (e.g. unisex).

Section 3

3.1 Decision Making

Following analysis, the recommendation is to proceed as planned with the policy. The policy has an overall positive impact on the following protected characteristics: age; disability; pregnancy and maternity; religion or belief; sex; and sexual orientation; however, where universal toilets are not provided in addition to single-sex toilets there are some negative impacts. The policy has some negative impacts for the protected characteristic of gender reassignment, but an overall positive impact where universal toilets are provided. The policy has an overall positive impact on race and marriage and civil partnership.

This policy will lead to one of three main outcomes in practice: (i) single-sex and universal toilets being provided; (ii) only single-sex toilets being provided; or (iii) only fully enclosed universal toilets being provided where space precludes single-sex toilets from being provided.

In the first instance, safety and privacy will be ensured for all toilet users. This is an improvement on the current situation as single-sex toilets are not currently guaranteed and where universal toilets are currently provided, they don’t always exhibit appropriate levels of safety and privacy (i.e. not fully self-enclosed).

In the second instance, safe and private single-sex facilities are provided in all cases. For those preferring universal toilets, this second outcome could be considered a regression compared to scenarios where universal toilets would have been provided previously. However, this scenario reflects the current status quo in many instances where no universal toilets are provided. Furthermore, some current universal toilets do not meet the appropriate levels of safety and privacy (i.e. not fully enclosed). Thus, whilst there are potentially some negative effects for several of the protected characteristics where universal toilets are not provided in addition to single-sex toilets, this needs to be considered in comparison to the limited provision and variable standards of universal toilets built currently which it is assumed would continue should this policy not be implemented.

In the third instance, there will be some negative impacts for certain protected characteristics where single-sex toilets are not provided. However, this scenario will only take place where there is no space for single-sex toilets, for example in smaller buildings (e.g. where there is only room for one or two toilets and one of them must be a wheelchair-accessible unisex toilet). Fully enclosed universal toilets will still provide safe and private toilet facilities for all users.

Several of the negative impacts listed in this document will not apply to every outcome possible from this policy or will have very limited impact (for example, where there is not space for two toilets). These negative impacts also must be compared to the current provision of toilets and the likely provision of toilets in the future if this policy was not implemented (for example, where universal toilets are currently not built or are not built to an appropriate level of safety and privacy).

This policy aims to ensure that there should be balanced consideration of how the needs of all those with protected characteristics should be accommodated. We believe the requirement as set out, constitutes a proportionate means of achieving a legitimate aim, that is to ensure the safety, privacy and dignity of all toilet users. The policy offers a proportionate and viable approach to ensuring the widest possible range of toilets depending on the available space and allows some discretion for building owners to provide provision for their building users.

Available space for toilet accommodation will vary from building to building; once reasonable provision is made for single-sex toilets facilities, any remaining space for toilet accommodation can be considered for universal toilet provision. Ultimately, it is down to building developers and owners to consider the mix of the population and customer demand, whilst ensuring provision is provided, as set out in the new requirement.  

We have adopted some recommended mitigations also, as described above. The policy received overall support in the consultation: 81% agreed with the intention for separate single-sex toilet facilities and 82% agreed with the intention to provide universal toilets where space allows. Concerns for safety (particularly women’s safety in the absence of single-sex toilets) were noted by respondents to both the call for evidence and the technical consultation. This policy will ensure the safety, privacy and dignity of all members of society when using toilets in non-domestic buildings.

3.2 Monitoring arrangements

The approach to monitoring this policy and any negative equality impacts is through engagement with local authority building control and relevant authorities by the department and the Building Safety Regulator (BSR). As part of the BSR’s governance structures, the Building Advisory Committee (BAC - a high-level steering group comprised of members from different parts of industry and underpinned by separate working groups) provides advice and information on new and emerging issues across the built environment. Meetings of the steering group take place on at least four occasions per annum. While the BSR continually reviews the suite of Approved Documents to ensure the statutory guidance remains relevant, as well as advising government on the safety and standards of all buildings.

With BAC support, the BSR will be considering the ongoing effectiveness of Building Regulations in use. The department and the BSR are always keen to receive feedback on the real-world application of the Building Regulations and will consider comments received, monitor stakeholder experience, and keep the new Approved Document T under review. The department retains responsibility for the stewardship of the regulatory system and policy decisions on the scope and effect of the Building Regulations. As set out in the Building Safety Act, the department may seek advice from the BSR on these matters.

3.3 Sign-off by the decision-maker

Name: John Palmer

Job title: Deputy Director for Building Performance

Date: 16 April 2024

1. Separate and single-sex service providers: a guide on the Equality Act sex and gender reassignment provisions ↩ ↩² ↩³ ↩⁴ ↩⁵ ↩⁶ ↩⁷ ↩⁸