Toilet provision in buildings other than dwellings: a technical consultation paper

Question 1

Scope of the consultation

Accepted Answer

Basic Information

Body/bodies responsible for the consultation:

Department for Levelling Up, Housing and Communities (DLUHC)

Duration:

This consultation will run for 8 weeks from 13 August 2023.

Enquiries:

For any enquiries about the consultation please email: toiletsconsultation@levellingup.gov.uk. Please note that this email will automatically reject any messages which contain images. This includes images in email signatures.

How to respond:

You may respond by completing this online survey.

If you are responding in writing, please make it clear which questions you are responding to. Written responses should be sent to:

Toilet provision consultation
Department for Levelling Up, Housing and Communities
3 NE, Fry Building
2 Marsham Street
London
SW1P 4DF

When you reply, it would be useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

your name
your position (if applicable)
the name of your organisation (if applicable)
an address (including post code)
an email address
a contact telephone number

We strongly encourage responses via the online survey, particularly from organisations with access to online facilities such as local authorities, representative bodies and businesses. Consultations receive a high-level of interest across many sectors. Using the online survey greatly assists our analysis of the responses, enabling more efficient and effective consideration of the issues raised.

If you are unable to use the online system, you may use a Word document version of the consultation questions and email it to toiletsconsultation@levellingup.gov.uk.

Please do not include indecent, obscene or offensive material with your consultation response including the use of images, videos and audio files. The sending of such material may constitute a criminal offence, for example under section 127 of the Communications Act 2003. The department will forward offensive material to the relevant authority if necessary.

Additional ways to respond

If you require information in any other format, such as Braille, large font or audio, please contact: toiletsconsultation@levellingup.gov.uk.

Question 2

Introduction

Accepted Answer

1. In October 2020, government published a technical call for evidence: Toilet provision for men and women. This followed concerns that increasing numbers of publicly accessible toilets were being converted into ‘gender neutral’ facilities, causing problems for women and older people in particular.

2. There were over 17,500 responses to that call for evidence, highlighting the public interest in the matters raised and the need for further work to consider the appropriate provision of toilet facilities.

3. Following a detailed review and analysis of all of the responses, in July 2022, the government announced several policy goals, which included:

to amend building regulations and guidance to ensure separate toilets for men and women continues to be provided
to encourage the provision of a unisex toilet, where space allows
to make sure that where unisex toilets are provided, that privacy is ensured

4. In the same statement, the government also announced its intention to launch a technical consultation on formal changes to the Building Regulations and a new approved document. The statement also encouraged government bodies to consider how such principles can be adopted in its own buildings prior to formal changes to the Building Regulations. This is an approach confirmed by the Government Property Strategy of August 2022.

5. The purpose of this consultation, and the changes to the Building Regulations it proposes, is to progress work towards the above policy goals. This consultation proposes measures that will ensure provision of separate toilets for men and women and sets out guidance to encourage the provision of universal toilets, ensuring appropriate levels of privacy in all situations.

6. The proposed measures are intended to apply to some building works including new buildings, other than those specifically exempted and some material change of use (see Building Regulations section of this consultation)^{[footnote 1]}.

7. Schools and cellular accommodation in custodial facilities are exempted because these are building types where extra supervision is needed. En-suite facilities in individual rooms for residential purposes and care homes function within a suite in a similar way to dwellings, which are exempted from these provisions^{[footnote 2]}. Some of these exemptions are also covered by existing legislation supported by specialist guidance. The government believes that granting any more exemptions than these would mean the proposed changes to the Building Regulations would not meet the policy goals set out above.

8. The government also commissioned research into the layout and equipment in toilets which has been completed and is at Annex D.

9. Informed by the analysis of responses to the call for evidence and research, this technical consultation seeks views on proposed changes to the Building Regulations and statutory guidance.

10. Guidance on the access to and use of buildings is separate and features in Part M of the Building Regulations. Guidance on toilet accommodation intersects with guidance on toilets for disabled people around the provision of ambulant toilets. While access and inclusion guidance is in Approved Document M, this consultation includes detail on the size and layout of ambulant toilets^{[footnote 3]}. This consultation is not proposing any changes to Part M or its statutory guidance.

11. This consultation seeks views on the draft technical changes to the Building Regulations and statutory guidance in a new Approved Document T (at Annex E).

12. Section 120B of the Building Act 1984 requires appropriate consultation for proposed changes to the Building Regulations. It has been our practice to carry out a public consultation on proposed changes to the Approved Documents, as the implications of changes can be complex.

13. This consultation closes on 8 October 2023 and will help inform any future policy direction.

Question 3

Background

Accepted Answer

Building Regulations

14. The Building Regulations apply to “building work” (as defined in Regulation 3)^{[footnote 4]}, typically the erection or extension of a building; and material alteration or change of use of a building.

15. Building regulations only apply at the time that building work takes place. They do not apply retrospectively for existing buildings where no works are being carried out.

16. In line with section 1 of the Building Act 1984 the Building Regulations set technical requirements covering a range of issues including health, safety, welfare and convenience of persons in or about buildings. The Regulations are supported by statutory guidance in “Approved Documents” which provide practical guidance on how to meet the requirements in the Regulations.

Current provisions for sanitary accommodation in the Building Regulations

17. The current sanitary guidance in Approved Document M (volume 2: buildings other than dwellings) set out that suitable sanitary accommodation should be available to everybody, including sanitary accommodation designed for wheelchair users, ambulant disabled people, separate sex washrooms, people of either sex with babies and small children, or people encumbered by luggage.

18. The guidance also sets out the design considerations and provisions in relation to the needs of people with visual or hearing impairments, people with learning difficulties and people whose lack of tactile sensitivity can cause them to be injured by touching hot surfaces.

19. For wheelchair users in particular, a self-contained unisex toilet for independent use is the preferred option since, if necessary, a partner or carer of a different sex can enter to give assistance. Unisex wheelchair-accessible toilets should always be provided in addition to any wheelchair-accessible accommodation in single-sex toilet washrooms. Unisex wheelchair-accessible toilets should not be used for baby changing and separate facilities for baby changing room are recommended.

20. Guidance in Approved Document G covers sanitation, hot water safety, and water efficiency and includes details, at G4, on sanitary conveniences and washing facilities. The Approved Document provides that sanitary conveniences should be in separate toilet rooms; hand washing facilities should be within a separate toilet room or in rooms next to toilets. Rooms containing sanitary conveniences or rooms containing hand washing for toilets should be separate from any kitchen or area where food is prepared. Approved Document G also has guidance on the scale of provision for buildings other than dwellings.

21. We plan to make consequential amendments to Approved Document G, and Approved Document M, about the consistency of standards being referenced.

22. The current guidance in Approved Document G also refers to the following:

British standard, BS 6465-1:2006+Amendment 1:2009 Sanitary installations. Code of practice for the design of sanitary facilities and scales of provision of sanitary and associated appliances, and
British Standard, BS 6465-2:1996 Sanitary installations. Code of practice for space requirements for sanitary appliances. BSI, 1996.
Approved Code of Practice (ACOP) available at Welfare at work: Guidance for employers on welfare provisions. This guidance sets out a minimum level of provision for specific facilities which should be provided in addition to (or contributing to meeting) requirements for general sanitary provision (WCs and urinals) required under Regulation 20 of the Workplace (Health, Safety and Welfare) Regulations 1992.

Question 4

Existing research and evidence

Accepted Answer

Call for evidence

23. Government launched a call for evidence in October 2020. Government received 17,589 responses representing a full range of views, generally calling for greater consideration in the range of toilets, preserving dignity, access, equality, safety, and privacy for all.

24. Support for different types of toilet provision was tested. 95% of responses were supportive of at least one of the types of toilet provision presented. 83% of responses were supportive of universal toilets.

25. Eighty-six per cent of responses cited safety concerns for particular groups of people using toilets. 79% percent of responses mentioned safety concerns for trans^{[footnote 6]} /non-binary^{[footnote 7]} people and 75% mentioned safety concerns for women. Fewer than 5% of responses mentioned safety concerns for one of the following groups: girls, boys, children, men, or disabled people.

26. Some respondents also considered design proposals. 9% of responses provided comments on toilet design. 75% of toilet design responses were supportive of universal toilets. 62% of all design comments referred to the design of cubicles – in particular, references about universal toilets being of single cubicle design (i.e. with no communal area/corridor outside of cubicles) with 15% of all design comments suggesting there should be no gaps under or above the door of cubicles. The next most common comment regarding cubicle design was the need for bigger cubicles.

27. Other design suggestions mentioned in responses were the need for sanitary bins in all toilets (11% of all toilet design suggestions made), making universal toilets a third option alongside male and female toilets (11% of all toilet design suggestions made), and the replacement of urinals with cubicles (8% of all toilet design suggestions made). One percent of all toilet design suggestions made suggested that urinals should be in a separate room or area.

Government commissioned research

28. Alongside views received from the call for evidence, government also commissioned research on the size, layout and use of toilets. The Department for Levelling Up, Housing and Communities (DLUHC) commissioned consultants, Ove Arup Limited (Arup), to research and propose the layout and equipment for new toilets.

29. Arup was firstly appointed by DLUHC to carry out research into the requirements of the population of England, in particular disabled people and people with long-term health conditions. The ultimate purpose of the research was to provide data to inform future policy and guidance, in particular an update to Approved Document M of the Building Regulations.

30. In November 2021 Arup was further assigned to conduct a scope extension to this Part M research, conducting additional research streams, specifically looking at the design of toilet facilities. The extended scope was to deliver research to inform possible design suggestions for a variety of non-residential toilet facilities:

wheelchair-accessible toilet
enlarged cubicles
disabled person’s toilet incorporating baby change
Changing Places toilets
self-contained universal cubicles
standard size cubicles
urinals
toilet signage and labelling

31. Arup’s report on toilets completed in November 2022 (see Annex D). 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.

32. This research led to the dimensions, drawings and layouts presented in the proposed Approved Document T in Annex E. The research relating to accessibility of toilet accommodation will be taken into account in a future review of Approved Document M, volume 2 relating to access and use of buildings other than dwellings. Research findings relating to toilet and cubicle arrangements are presented here with the proposed Approved Document T.

33. Arup’s report provides an indicative layout for a self-contained toilet cubicle containing a basin. Key design considerations include: a basin, mirror, and hand-drying facilities within the cubicle, to allow the cubicle to function as a self-contained unit with minimal reliance on communal facilities such as communal sink banks. The report also contains a standard toilet cubicle - a WC compartment, without a basin, designed to accommodate individuals not using mobility aids.

34. Arup also looked at a toilet cubicle, with a basin, providing extra space and an outward-opening door, intended to accommodate a range of users who may need extra space. With the addition of grab rails, this toilet could also function as a cubicle for ambulant disabled people. They also looked at a toilet cubicle without a basin, intended to accommodate ambulant disabled people.

35. This completed research informed the content and proposals for the 4 toilet types for a new Approved Document T: Toilets.

Question 5

Proposed changes to the Building Regulations and a new Approved Document

Accepted Answer

36. Following the written ministerial statement of 4 July 2022, the government proposes to amend the Building Regulations and develop new statutory guidance to ensure single-sex toilets for men and women with shared hand-washing facilities and/or fully enclosed universal toilets in new buildings other than dwellings.

37. We set out questions on proposed changes below, which are summarised in Annex A of this consultation paper. Questions 1 to 4 are in Annex A and ask for respondent’s details.

Proposed new requirement in building regulations

38. As part of this consultation and to meet the stated aims we propose to add a new requirement to Schedule 1 of the Building Regulations 2010:

Requirement

Requirement | Limits on application Toilet accommodation

T1. Reasonable provision must be made for specific types of toilet accommodation in buildings other than dwellings for use of as:

(a) single-sex toilets with either single-sex shared or individual hand-washing facilities, and / or

(b) fully enclosed universal toilets. | Limited to buildings other than dwellings.

Requirement T1 applies to all toilets which form part of or serve the building.

Except en-suite facilities in individual rooms for residential purposes and care homes.

Requirement T1 does not apply to Schools as defined in Section 4 of the Education Act 1996.

Requirement T1 does not apply to cellular accommodation in custodial facilities.

39. The aim of the proposed new requirement is to ensure that:

separate single-sex toilet facilities are provided for men and women with signs showing whether they are male or female facilities
fully enclosed universal toilets are provided where space allows to ensure privacy and safety

40. The proposed new requirement will not cover the numbers of toilets provided or the access to and use of toilets. Access to and use of toilets is covered in Part M of the Building Regulations (access to and use of buildings) and existing statutory guidance in Approved Document M (volume 2: buildings other than dwellings). Part G below covers provision of adequate and suitable sanitary conveniences and hand washing facilities.

41. Section 5 on “Sanitary accommodation in buildings other than dwellings” in Approved Document M, volume 2, covers toilet provision capable of meeting the requirements of a diverse range of users including wheelchair users, ambulant persons, mothers or people with young children (including baby change^{[footnote 8]}) and Changing Places toilets.

42. Part G of the Building Regulations covers adequate and suitable toilets and hand washing facilities taking into account building type. Toilets should be adequate and suitable taking into account the nature of the building and the sex and age of people using the building. Statutory guidance is given in Approved Document G: sanitation, hot water safety and water efficiency.

43. We propose to reference existing guidance in Approved Document M and G wherever possible to minimise the overlaps between the existing guidance.

44. The Building Regulations apply to all buildings works in buildings (as defined the Building Regulations 2010) unless specifically exempted. As such the new requirement and associated guidance will, for example, apply to sports buildings and healthcare premises in England.

45. The Building Regulations only apply when undertaking building work and as such will not apply to the management of buildings. The proposed statutory requirement will apply to building works, including new build and material changes of use as defined in the Building Regulations. These include changes of use such as conversion of a public building to an office.

46. The proposed changes to the Building Regulations and statutory guidance will complement existing statutory provisions in schools, such as those detailed in the School Premises (England) Regulations 2012 (SPR) and the Education (Independent Schools Standards) Regulation 2014 (ISS). This is why we are proposing to exempt toilets in schools^{[footnote 9]} from the proposed Schedule 1 Paragraph T1 requirement. We also propose to exclude custodial facilities. We also want to make clear that this guidance is already in place, and refer to it as appropriate in Approved Document T.

47. As this policy will apply to public, and private sector locations we also propose to exempt toilets in en-suite facilities in individual rooms for residential purposes (as defined in Regulation 2 of the Building Regulations) and care homes.

48. There is currently no existing guidance on signage for universal toilets. However, BS 8501 and BS ISO 7001 provide signage for unisex toilets. This could be referred to for universal toilets in Approved Document T.

Question 5
Do you support the government’s intent to ensure provision of single-sex and/or universal toilet accommodation for building works in buildings other than dwellings?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 6
Do you agree with the new functional requirement (T1) proposed?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 7
Do you agree with the exemptions included in the new functional requirement (T1) under limits on application?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 8
Do you agree with the new functional requirement (T1) applying to building works and material change of use?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 9
The draft Approved Document notes that educational buildings must meet SPR and ISS regulations. Do you think the following line of guidance from these regulations should be included in the Approved Document: “In schools, separate toilet facilities for boys and girls aged 8 years or over must be provided except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time”?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 10
Do you agree with the Secretary of State’s intention for separate single-sex toilet facilities?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 11
Do you agree with the intention to include signs showing facilities are provided for men and women?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 12
Do you agree with the intention to provide universal toilets where space allows?

Yes/No

Please provide any supporting evidence for your answer

[Free text]

Question 13
Should more guidance on the signage to be used for universal toilets be provided in Approved Document T?

Yes/No

Should Approved Document T refer to BS ISO 7001:2023 symbol PI PF 003 for universal toilets?

Yes/No

Please specify any other British Standard and / or guidance which may be referred to for universal toilet signage?

[Free text]

Proposed new statutory guidance on toilet accommodation

49. Government proposes that toilets should be provided as either single-sex toilets with shared or individual hand-washing facilities and/or fully enclosed universal toilets. The following paragraphs summarise some selected key provisions in the draft approved document, which is included at Annex E.

50. The toilet types described in new statutory guidance in Approved Document T include:

Type A - Ambulant universal toilet
Type B - Universal toilet
Type C - Ambulant single-sex toilet cubicle (not self-contained)
Type D - Single-sex toilet cubicle (not self-contained)

51. Detailed specifications for each toilet type are provided in Section 3 to Section 6 of the draft approved document in Annex E. Part M is supported by statutory guidance for inclusion of an ambulant toilet.

52. We propose the guidance provides that:

where universal toilets are provided, they should be either Type A or Type B; and
where single-sex cubicles are provided they should be either Type C or Type D

53. The proposed guidance allows single-sex toilets Type C and Type D to be designed as Type A or Type B toilets, i.e. fully enclosed toilets sign posted for single-sex use.

Question 14
Do you agree with the design of the 4 toilet types proposed in the draft Approved Document T?

Yes/no

Do you agree with the proposed design of Type A - Ambulant universal toilet

Yes/no

Do you agree with the proposed design of Type B - Universal toilet

Yes/no

Do you agree with the proposed design of Type C - Ambulant single-sex toilet cubicle (not self-contained)

Yes/no

Do you agree with the proposed design of Type D - Single-sex toilet cubicle (not self-contained)

Yes/no

Please provide any additional evidence to support your responses.

[Free text]

Question 15
Should a specific numeric threshold apply to the 4 toilet types?

Yes/no

Please provide any supporting evidence for your answer

[Free text]

54. The guidance will refer to BS6465-1^{[footnote 10]} for further guidance on the levels of provision of certain types of toilet facilities in different settings.

55. Approved Document M, Volume 2 recommends the provision of ambulant disabled persons toilets. This new proposed guidance describes the size, layout and equipment of either Type A – Fully enclosed self-contained ambulant universal toilet or Type C – Ambulant single-sex toilet cubicle (not self-contained).

56. In line with the guidance provided in Section 5.5 of Approved Document M (Volume 2), we will propose that unisex wheelchair-accessible toilet and universal toilet accommodation are positioned so that they can be accessed from primary circulation routes outside of single-sex toilet accommodation. This will enable users such as parents accompanying a child, or disabled people requiring assistance or accompanied by a carer to enter without passing through single-sex toilet accommodation.

57. The layout when entering and exiting a toilet should cater for the safety, privacy and dignity of all users. This is why we propose that the guidance will make provisions such that universal and single-sex toilet accommodation open safely onto corridor or circulation spaces that can be supervised or overseen, and not open onto private spaces. Outward opening doors on single-sex or universal toilets should always be preferred where this is designed and laid out to avoid the risk of injury of people passing by.

Question 16
Do you have any specific corrections or editorial comments on the proposed Approved Document T (Annex E)?

Yes/no

Please reference the paragraph number/table number, describe the issue and suggest your proposed correction.

[Using the table provided in Annex F]

Transitional arrangements

58. Whenever changes to the Building Regulations take place, transitional arrangements apply. When a developer submits a building notice, initial notice or full plans application to the local authority, the Building Regulations standards in place at the time of the application will apply, so long as work under the building notice or full plans application has already started or starts within a specified period of the notice being given.

59. The transitional arrangements mean that developers have assurance about the standards to which they must build, and that they should not have to make material amendments to work which is already underway when new regulations are implemented.

60. The new requirements of T1: will not apply in any case where a building notice or initial notice has been given to, or full plans deposited with, a local authority before the day the new regulations come into force and either the building work to which it relates has started before that day; or is started within the period of 6 months beginning on that day.

Question 17
Do you agree with the transitional arrangements set out in this consultation?

Yes/no

Please explain your reasons.

[Free text]

Question 6

Assessment of impacts

Accepted Answer

Economic impact assessment

58. We have worked with economic and architectural consultants to produce high-level cost estimates of the policy being applied to non-domestic buildings, including new builds and material change of use. We have not monetised any benefits associated with the policy.

59. We identified 18 archetypes of non-domestic buildings chosen based on the most common types of non-domestic buildings granted planning permission in the last 3 years. For each archetype, architects reviewed recently approved planning applications to find a representative example. They then assessed any adjustments required by developers to comply with the new regulations. The total cost of the adjustments required was a combination of:

a. Capital costs: The cost of the extra materials required to build the toilet cubicles/enclosures to standard. This includes tiling, paint, partitions, floor finishes.

b. Loss of lettable floorspace: The capitalised value of the area taken from lettable floorspace and used for larger toilet accommodations.

60. We plan to refine the analysis following this consultation and welcome suggestions of additional evidence or other improvements.

Cost by archetype

61. The cost of meeting the requirements range from £0 to £14,810 across the 18 different archetypes. The average cost per building was £1,750 which consists of £250 extra capital cost and £1,500 from loss of lettable floorspace.^{[footnote 11]}

62. Archetypes included in the analysis were:

Café
Cinema
Faith Centre – Church
Faith Centre – Mosque
Gym
Health Care Centre
Hotel
Office – Large
Office – Medium
Office – Small
Park
Retail – Large Out of Town
Retail – Small High Street
Temporary Building
Transport Service Station
University
Warehouse

63. Of the 18 archetypes studied, 11 archetypes were judged to have already met the requirements of the new regulations. Conversely, 7 archetypes were judged to have not met the requirements of the new regulations and required extra building work.

64. Of these 7 archetypes, 5 had an increase in development cost of less than £1,000 and 2 had an increase of more than £1,000. On average^{[footnote 12]} the extra capital cost was £250 across the 18 building archetypes.

65. We also modelled the loss of lettable floorspace due to toilet accommodation taking up more space in those buildings where the cubicle/enclosure sizes didn’t meet the minimum size stated in Approved Document T. On average the cost from the loss of lettable floor space was £1,500 or 6 times greater than the extra capital cost.

66. The highest total cost across the 18 archetypes was the gym which had a total cost of £14,810 to comply with the requirements of the new regulations. The relatively large cost is due to the representative planning application for the Gym Archetype having cubicles which were 12% below the stated minimum size in Approved Document T.

67. In general, the extra cost comes predominately from having to provide more space to toilet accommodations, predominantly where cubicles/enclosures were undersized. The requirement of the regulations to have all universal toilets fully enclosed had no effect on the 18 archetypes studied, since where universal toilets were provided, they were already fully enclosed.

Scaling up

68. We used planning permission data to find the total combined area (m2) of all new non-domestic buildings and material change of use buildings, categorised by building type. Each building category was mapped to the most appropriate of the 18 archetypes. The total cost of the policy was estimated by multiplying each individual archetypal cost (per sqm) by the total area of all building categories mapped to that archetype.

69. The calculations implicitly assume that the cost of material change of use works is the same as new build works.

70. The focus of the analysis was on the most common use types. For example, we did not include an archetype for pubs, wine bars or night clubs as collectively these use types make up only 0.03% of new build (and material change of use) floorspace. For the full impact assessment, we may look to add more archetypes to account for other common use types, where there is evidence that existing costs are not representative.

Total cost

71. Current modelling indicates that the total monetised cost of the policy over a 10-year appraisal period is £16.9 million in the central scenario; and is between £9.5 million in the low scenario and £26.5 million in the high scenario. The EANDCB (Equivalent Annual Net Direct Cost to Business) is £2.0 million in the central scenario; and is between £1.1 million in the low scenario and £3.1 million in the high scenario. Costs are in 2019 prices and 2020 present value base year.

72. The total revenue from non-domestic new build construction work was £10 billion in 2021 (ONS Construction Statistics Annual Tables). Hence the EANDCB is only 0.02% of industry revenue.

73. Total cost includes familiarisation costs which are estimated at £70,000. This assumes that it would take the estimated 5,000 architects working on non-domestic buildings 30 minutes to familiarise themselves with the regulations and Approved Document T.

Question 18
Do you have any evidence that indicates the average archetype cost is overall too high or too low?

Yes/no

Please provide any evidence to support your answers

[Free text]

Are there any further common new build archetypes that should be added to the analysis following the consultation?

[Free text]

Do you have any other thoughts on improvements to methodology or evidence which could be incorporated in the full Impact Assessment?

[Free text]

Equality impact assessment

74. Responses to the October 2020 call for evidence gave detailed insights and evidence into potential equalities impacts across the range of issues addressed in the call for evidence. All responses were analysed and, under the Public Sector Equality Duty, have been considered as policy has been developed.

75. DLUHC is now assessing potential equalities impacts that may result from the policy proposal presented in this consultation. Responses to the consultation will be considered as part of that assessment, which will then inform final policy decisions. We expect that the complete Equality Impact Assessment will be published alongside the Government’s response to this consultation.

76. At this stage we are presenting a summary of our assessments against each protected characteristic:

Protected Characteristic: Age
Summary of potential equality impact assessment

We believe the proposed policy will have a positive impact for the Age protected characteristic. For example, older people may have specific health or sanitary needs and prefer the privacy in toilets that these proposals will ensure.

Some comments to the call for evidence made the point that older people are more likely to be disabled and make use of disabled persons’ facilities. It should be noted, however, that the work to look at provision of disabled persons’ toilets has now been separated and is not in scope of this policy proposal.

Protected Characteristic: Disability
Summary of potential equality impact assessment

We believe this proposed policy will have a positive impact for people with the Disability protected characteristic.

As raised in responses to the call for evidence, a lack of universal toilets can lead to increased queues for disabled persons’ toilets – which may, in cases, be the only non-gendered toilets available. The proposed policy will encourage the provision of universal toilets, potentially lessening the demand, in this example, for disabled persons’ toilets.

A requirement for provision of disabled persons’ toilets exists in the Building Regulations (Part M) and is not in scope of this proposed policy. People with the Disability protected characteristic will continue to be able to make use of disabled persons’ toilets and any toilet type encouraged by the new Part T.

Protected Characteristic: Gender reassignment
Summary of potential equality impact assessment

We believe there to be positive impacts for people with the Gender Reassignment protected characteristic from this policy proposal but also potential negative impacts that we must be aware of.

Two of the most notable themes in the responses to the call for evidence were:

that people with the Gender Reassignment characteristic should be able to use the toilet of their choice and have access to a non-gendered toilet
that some people with the Gender Reassignment characteristic cannot, or are fearful of, participating fully in public life because of the potential of verbal or physical assault while using toilet facilities or the anxiety about using space not designed for their gender identity

For people with the protected characteristic of Gender Reassignment who may not wish to use the relevant single sex facility that aligns with their sex, the provision of universal toilets as described in the guidance is a reasonable arrangement that offers more space and greater privacy. We do not believe, therefore, that this proposed policy would discriminate against those with the Gender Reassignment protected characteristic or have an impact on their ability to participate in public life.

Protected Characteristic: Marriage and Civil Partnership
Summary of potential equality impact assessment

We do not believe there to be potential impacts for people with the Marriage and Civil Partnership protected characteristic, that should be considered.

Pregnancy and Maternity We believe this policy proposal will have positive impacts for women with the Pregnancy and Maternity protected characteristic. Pregnant women, or people with children, may benefit from universal toilets provided in non-domestic buildings as a result of this policy, which will offer more space and greater privacy than alternatives.

Some respondents to the call for evidence wrote that single-sex toilets would be considered more appropriate by some women experiencing a miscarriage. This policy will ensure single-sex toilets continue to be provided.

Protected Characteristic: Race
Summary of potential equality impact assessment

We do not believe the proposed policy will have negative impacts for people with the Race protected characteristic.

It should be noted that the proposed policy will not encourage or discourage the use of any type of toilet based on any protected characteristic. We do not believe, therefore, that this proposed policy would discriminate against those with the Race protected characteristic or have an impact on their ability to participate in public life.

Protected Characteristic: Religion or belief
Summary of potential equality impact assessment

We believe the policy proposal could have positive impacts in relation to the Religion or Belief protected characteristic. Respondents to the call for evidence raised the possibility that some religious practices and customs discourage the use of shared-sex toilet facilities. Ensuring single-sex toilets provision is maintained will mean spaces remain for people who hold those beliefs.

At the same time, universal toilets provided in non-domestic buildings as a result of this policy will be available to be used by people of any religion, should they choose to.

Protected Characteristic: Sex
Summary of potential equality impact assessment

We believe the proposed policy will have positive impacts for people who – if they choose to – will be able to make use of the single-sex toilets provided as a result of the proposed policy. This will have a positive impact on women, by enhancing their privacy by having single-sex toilets, and on men, who will benefit from the provision of urinals in male toilets, which can reduce waiting times.

We do not believe, therefore, that this proposed policy would discriminate against or have an impact on people’s ability to participate in public life.

Protected Characteristic: Sexual orientation
Summary of potential equality impact assessment

We do not believe the proposed policy will have negative impacts for people with the Sexual Orientation protected characteristic.

Arguments were made in responses to the call for evidence both that provision of non-gendered toilets could provide a safe space and that they could create another space for exclusion of people with the Sexual Orientation protected characteristic. The proposed policy outlines how a range of toilet types can be provided depending on the space available.

The proposed policy will not encourage or discourage the use of any type of toilet based on any protected characteristic. We do not believe, therefore, that this proposed policy would discriminate against those with the Sexual Orientation protected characteristic or have an impact on their ability to participate in public life.

Question 19
Do you agree with the impacts presented in our equality impact assessment?

Yes/no

Please provide any evidence to support your answers.

[Free text]

Question 7

Annex A - Consultation questions

Accepted Answer

Respondent details

Question 1: What is your name?
Question 2: What is your email address?
Question 3: Are you responding as an individual or on behalf of an organisation?
Question 4: Please indicate in what capacity you are responding to this consultation (see list below):

Name
Position (if applicable)
Organisation (if applicable)
Address (including postcode)
Email address
Telephone number
Please state whether you are responding on behalf of yourself or the organisation stated above

Please indicate whether you are applying to this consultation as:	Select one
Builder / Developer
Designer / Engineer / Surveyor
Local Authority
Building Control Approved Inspector
Architect
Access consultant
Occupational therapist
Manufacturer
Insurer
Construction professional
Fire and Rescue Authority professional
Property Manager / Housing Association / Landlord
Landlord representative organisation
Building Occupier / Resident
Tenant representative organisation
Charity
Estate agent or property marketing specialist
Other interested party (please specify)

Questions on proposed guidance on toilet accommodation