Accessibility of the built environment

Literal interpretation of the EU Report Accessible by

Sílvio Gil Martins

Accessibility of the built environment in the European Union

Working together to build a European Union that is more accessible for people with disabilities

In response to the deficit in certain areas of accessibility, the AccessibleEU Resource Centre was launched

It has been launched to improve accessibility in the areas of the built environment, ICT, transport, standards and legislation, with a series of coordinated actions. Although the built environment is approached as a separate distinct goal, there is a strong relationship between the five domains.

AccessibleEU develops actions addressing EU policies on the built environment, monitoring the implementation and enforcement of legislation and standards, improving professionals' access to relevant knowledge and skills, identifying the sharing of best practices and conducting studies.

Accessibility is also identified as a key enabler for the implementation of EU sustainable development policies, in line with the United Nations Sustainable Development Goals (SDGs)

In the EU Member States, the accessibility of built areas is considered essential and a fundamental right for all members of society.

The provision of accessible places and spaces allows people to enjoy the daily activities and opportunities that take place or are offered there, and allows them to participate safely, independently, conveniently, confidently and with dignity.

On the other hand, when accessibility is deficient, many people – and especially people with disabilities – encounter significant barriers in terms of access to environments, buildings (and the services contained therein), and in the overall usability of the built environment and the overall usability of the built environment. While most barriers to access are found, Understandably, in older buildings and environments, even new buildings and facilities continue to be constructed in a way that does not meet the access needs of all users. Both public and private sector funded projects, such as schools and museums, as well as private homes and offices, do not meet the sometimes basic accessibility requirements.

It is important to note that accessibility is essential for 20% of the population – people with disabilities, useful for 40%, of the population including the elderly and families with young children, and comfortable and safe for 100%. (Design for All Foundation).

Universal Design, Design for All, and Inclusive Design are similar approaches to the design of the built environment that have been practiced for over 20 years in Europe, North America, and most recently in Brazil. Australia, Singapore and, increasingly, other countries. These approaches were developed in recognition that standards-based technical solutions often failed to accommodate the diverse range of access needs of people of all ages and abilities. Previous building regulations generally did not take accessibility into account and, when this was included, "minimum compliance" It was considered an accessibility "must" and, when it was included, the "minimum compliance" was not enough to meet the needs of all users. The owners generally instructed the financial managers, architects, and designers to do only what was necessary according to the regulations.

Thus, accessibility was generally seen as a burden and as an "obligation" to be fulfilled to avoid legal consequences. This fact that designers do not understand the advantages of accessible buildings, reducing the quality, safety and user-friendliness of the built environment for many users. With the significant impetus of equality legislation, with the adoption of the UN Convention on the Rights of Persons with Disabilities (CRPD), of 2006 and standard-setters have advanced in the last decade, recognising the importance of including the needs of all persons with disabilities and other potential users in the planning and design of buildings and physical infrastructure. There is now a greater awareness of the diversity of users and an appreciation of their varied life experiences, so that the needs and requirements of people with disabilities (related to mobility, body stature, sensory impairments, long-term health problems, cognition, neurodiversity) and people at different stages of life, have influenced recent EU and international accessibility standards, EU accessibility standards and international. (CEN-CENELEC, 2017). These organisations, also known as European Standardisation Bodies (ESOs), are: ETSI, CEN and CENELEC).

To date, only two versions of EN 301 549 have been harmonised:

Version EN 301 549 v2.1.2, harmonised in December 2018.

The latest version EN 301 549 v3.2.1, which became the only relevant standard on February 12, 2022. An overlap period is foreseen to allow Member States time to adapt to the latest version.

The extent to which recent EU legislation and standards for the built environment will influence construction practices in the short and long term depends, not only on the wording of legal and regulatory texts, but also the awareness and willingness of tens of thousands of policymakers, urban planners, architects, builders and other professionals to adopt new methods and collaborate with (especially clients and building users) to develop the accessible buildings that are needed in Europe.

1.An accessible built environment contributes to sustainability

2. It is important to recognise that accessibility contributes greatly to sustainable development when inclusive or universal design approaches are applied.

3. Creating environments that adapt to the widest range of users from the outset makes later adaptations (such as adding ramps or widening doors) unnecessary,

4. Saving materials, time and money – to name just one example. The United Nations Sustainable Development Goals (SDGs) for the year 2030 set out a framework of 17 goals, each with specific targets. Ensuring an accessible and inclusive built environment that can be used equitably and independently by all people can make a contribution to several of the UN's sustainable development goals. These include:

Paragraph 3 Good Health

Paragraph 9. Industry, Innovation and Infrastructure

Paragraph 10. Reducing inequalities

Paragraph 11. Sustainable Cities and Communities

The European Union has made sustainable development a high-level policy and supports the implementation of the UN SDGs in the EU institutions and Member States. This is clearly stated in the EU and the United Nations.

"The practice of only teaching 'what building law says' leads to a lesser understanding of the benefits of 'Design for All' for all users. Universal Design and/or Design for All should not be treated as a specialist subject, nor should "Designing for people with disabilities" – they should be integrated into compulsory entry-level courses."

Design for All Austria, (2010, op.cit.)

Building control: compliance with accessibility regulations and standards

Across Europe, there is a patchwork of rules and regulations governing building control, which affects the degree and nature of accessibility assessment and the overall quality and usability of buildings. Over the past 25 years there has been a trend in some countries to reduce control measures in public authorities buildings and in conformity assessment. "Self-declaration" of conformity has replaced public or 3rd party control. This can lead to an unsatisfactory implementation of accessibility requirements in the market. Access consultants (as a new professional category) could better support guidance on design standards and support for conformity assessment.

In the UK, the use of Access Auditors is increasing – some of them have a national certificate attesting to their knowledge of construction and design standards. The Technical Chamber of Greece has started the training of accessibility auditors, within the framework of the national action plan for the rights of persons with disabilities. These auditors will assess the accessibility of public buildings for compliance with national accessibility legislation.

Access Statements prepared by trained access auditors can be another tool to show the level of accessibility in the built environment, where services and products are delivered (RIBA, 2023).

Directive 2014/24/EU - Public

Procurement

Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement includes provisions on accessibility in public procurement procedures. It requires accessibility criteria to be taken into account when public authorities purchase goods and services, or works related to the built environment. The Directive encourages the inclusion of accessibility requirements in public procurement.

Regulation (EU) 2021/1058 on the European Regional Development Fund and on the Cohesion Fund defines the scope and objectives of the two policy funds, the European Regional Development Fund (ERDF) and the Cohesion Fund. These funding instruments help EU Member States to:

achieve its objectives in terms of investment in jobs, growth and the European Union. Accessibility is specifically mentioned as one of the "horizontal" Principles applicable to projects and measures funded under this Regulation.

Article 5 of the Regulation provides:

"Horizontal principles set out in Article 3 of the Treaty on European Union (TUE) and Article 10 TFUE , including the principles of subsidiarity and proportionality, as set out in Article 5 TUE, shall be respected in the implementation of the FEDER and the Cohesion Fund, taking into account the Charter of Fundamental Rights of the European Union. Member States must also respect the obligations laid down in the United Nations Convention on the Rights of the Child and the United Nations Convention on the Rights of Persons with Disabilities ((CNUDPD)), as well as the principles of the European Pillar of Social Rights, proclaimed by Parliament, Council and Commission in 2017, and ensure Union legislation that harmonises accessibility requirements for products and services. In this context, the FEDER and the Cohesion Fund, in synergy with the FSE+ It should be implemented in a way that promotes the institutional transition to family-based and community-based care and should pursue its objectives, with a view to contributing to the creation of quality jobs, poverty eradication and promotion of social inclusion. Member States and the Commission should aim to eliminate inequalities and promote gender equality and gender mainstreaming, as well as in the fight against discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Neither fund should support actions that contribute to any form of segregation or exclusion, and when financing infrastructure, both should ensure accessibility for persons with disabilities." - Regulation (EU) 2021/1058, (op.cit.)

European standards related to the built environment

There are a number of European standards and ISO standards adopted by EU Member States which, together with EU Member States' national standards and guidelines, provide a framework to promote the accessibility and usability of the built environment. They cover a range of topics, including requirements based on the diversity of various user access needs , specific technical requirements for the design and performance of public spaces and buildings in general, accessibility requirements for specific building types and test methods. Standards for designing an accessible and inclusive environment can be:

used by ●

Local government officials in the planning, access, design, conservation and control of buildings

Their private sector counterparts

Architects

Interior Designers

Landscapers.

The standards are also relevant to the work of other professionals, educators, and service providers in the public and private sectors.

Certification of compliance with accessibility regulations and standards and recognition of "Good Practices"

In European countries there are various methods of certification and certifications that are used to ensure compliance with accessibility standards in the built area, based on EU, national or regional legislation and practices.

The legal application of certification does not always apply, although in accessibility requirements contained in current national or regional building regulations should normally be assessed and certified as met when a new or renovated building is in use.

Compliance can be assessed in a variety of ways through self-declarations, conformity assessments or third-party verification processes, depending on the jurisdiction's requirements, at local, regional, national or EU level.

The recognition of good practices in accessibility may be based on definitions or criteria established to justify grants, or to grant recognition or awards for "good practices" or as a marketing tool, the latter especially in the case of tourist destinations. Some of the most commonly used methods and certifications include:

1. National and regional accessibility certification schemes: many EU schemes

Member States have developed their own national or regional accessibility certification schemes or labels. These schemes often involve the assessment of accessibility characteristics in buildings and infrastructure based on specific national requirements and guidelines. Examples include the 'Accessible Built Environment Label' in France and the 'German Certificate of Accessibility' in Germany.

It is important to note that the adoption and use of specific certification methods and recognition schemes vary considerably between EU Member States

To date, a complete overview of these measures has not been carried out. Each country may have its own preferred systems or certifications, as well as national regulations and requirements for assessing and certifying accessibility in the environment.

Design Guidelines for the Accessibility of the Built Environment

A large number of design guidelines on the accessibility of built areas have been developed and published by public authorities, private organisations and non-profit associations and foundations in many EU Member States and non-EU countries. This guidance aims to provide guidance and advice on design, solutions and options, often illustrating approaches that can lead to the design of better environments for all, while meeting accessibility requirements, legislation and regulations.

AccessibleEU aims to collect the references of the best guidelines and will list them in the AccessibleEU Resource Centre Online Library.