What does the accessibility law that came into force in 2023 say?
SW: This law requires places and buildings open to the public, as well as public roads, to be fully accessible to people with reduced mobility, i.e. people with physical, mental, intellectual or sensory disabilities. Elderly people, pregnant women or those with pushchairs, for example, may also be affected.
MH: The regulation aims to eliminate the discrimination that these people may experience when faced with unsuitable infrastructure. If we change our perspective, we may indeed wonder whether it is not the environment itself that is sometimes disabling. It is based on this approach that the law was drafted.
SW: A law has been in place since 2001, but it only applied to new buildings and major renovation projects for places open to the public belonging to the state, local authorities or public institutions. What has changed today is the extension of the law’s scope to existing buildings and private places that are likely to be visited by the public.
MH: Owners of buildings that do not meet the requirements contained in the regulations have a duty to carry out compliance work before 2032 or to obtain the necessary exemptions.
In practical terms, what adjustments need to be made?
MH: These range from the creation of dedicated parking spaces to the installation of access ramps to the building, lifts or staircases with specific equipment, etc. The text of the law and the Grand Ducal regulations available online detail the measures to be implemented.
Are all private buildings affected?
SW: No, this is where the term “open to the public” takes on its full meaning. Take the example of a bakery: the owner must obviously comply with the law because that is where he receives his customers. On the other hand, his back shop is not affected. The same applies to an industrial logistics hall; this is not affected as it is not supposed to receive anyone other than the employees who work there.
MH: It should be noted that the law also applies to new multi-unit residential buildings, i.e. those with at least five units, at least three of which are dedicated to housing, spread over at least three floors and connected by common areas.
What about professionals who work from home, such as doctors?
MH: This is a special case that has been included in the law. If the person is the sole owner of the premises where they receive visitors, they must bring it into compliance with the legislation. On the other hand, if it is a co-owned property, they must estimate the costs of bringing it into compliance and submit the proposed alterations to a vote at the general meeting. If the proposal is rejected, the person must send the minutes of the general meeting to the minister responsible for disability policy.
What constraints does the law impose on building owners?
MH: It is important to distinguish between existing buildings and new constructions. The requirements are the same, but the issues are less significant for the latter, as architects and engineers simply need to adapt their plans. For buildings under construction and authorised before the law came into force, it is advisable to bring them into compliance during the construction phase, rather than having to make changes once the building is completed.
SW: For existing buildings, the constraints are obviously greater, as infrastructure that was not necessarily designed in accordance with the requirements of the law must be adapted. The logistics involved are therefore more complex and the costs incurred are likely to be higher.
What remedies are available?
SW: Exemptions are possible for certain existing buildings, for example those falling within the scope of the amended law of 18 July 1983 on the conservation and protection of national sites and monuments, which are protected because of their heritage value. But, again, it is a question of knowing exactly what is protected: the façade may be protected, but the interior of the building is not necessarily so. Finally, a disproportionate burden or technical impossibility may exempt a building from complying with regulatory requirements. Let’s stick with the example of our baker: if he has to undertake disproportionate work, i.e. if there is a disproportion between the discriminatory effect of non-compliance on the one hand and the costs associated with compliance on the other, the newly created Accessibility Advisory Council may decide to exempt him.
MH: Finally, if our baker is required to comply with the law but is unable to do so, he has the option of proposing solutions with equivalent effect. One solution could be, for example, to deliver his products to the homes of people who cannot access his shop. These are compensatory measures aimed, once again, at avoiding discriminatory effects.
What penalties do offenders face under this law?
MH: The penalties are different for legal entities and individuals. In the latter case, a fine of between €251 and €250,000 may be imposed, as well as a prison sentence of between 8 days and 2 months. Legal entities may, in addition to a fine, have their premises closed down.
Is there any financial assistance available to help bring infrastructure into compliance?
SW: Absolutely. These subsidies can cover up to 50% of the costs (excluding tax) for works, studies and expert assessments, capped at €24,000 per location. Although this may seem limited, especially for large companies undertaking major works, it is nevertheless a significant first step.
What difficulties are your clients facing in response to this law?
MH: The first is, above all, understanding the law. Many of our clients are aware of its existence, but have not yet looked into how the regulations affect them in practical terms. Our role, as consulting engineers, is therefore to raise their awareness, support them, but also reassure them about the prospect of compliance.
SW: Often, our clients are not aware of the scope of the work to be done. The challenge is then to clearly define the scope of the project with them and to plan a clear and precise project. In concrete terms: what needs to be renovated and what does not? With what infrastructure? etc.
How do you support your clients in this regard?
SW: We start by analysing the building, the traffic patterns within it and its use. In fact, it is sometimes possible to reorganise the layout to avoid having to carry out work. In concrete terms, why not relocate the meeting rooms used to welcome clients to the ground floor, rather than installing special lifts to access these rooms, which are currently located on the upper floor? This may seem obvious, but for our clients who are not constantly confronted with the law and, in particular, with the equivalent accommodation measures we mentioned earlier, it does not come naturally to mind.
What if your client needs to carry out building work?
MH: It all starts with a preliminary assessment to get an overview of the project. At the municipal level, this is a major step. We then take an inventory of the existing infrastructure and identify which parts are covered by the law. This step is very precise and technical. It is important to understand that we are talking here, for example, about the width of a staircase or the height or diameter of a handrail. This then allows us to draw up a detailed budget, long-term planning and a targeted offer tailored to our clients’ needs.
SW: It is indeed necessary to take a long-term view, particularly with regard to possible extensions to an existing building, the construction of new buildings or any change of use. We also advise our clients on the best technical solution for carrying out the necessary work. The scale is obviously not the same if an access ramp needs to be installed on different floors or a handrail needs to be replaced.
MH: Any building permit application submitted after 1 July 2023 will require a certificate of compliance issued by a technical inspector. At LSC, as a design office, we are authorised to issue certificates of compliance. The strength of a group like ours is that we have a wide range of expertise.
Do you interact with other parties involved in the implementation of this law?
MH: We are in regular contact with government departments, particularly ADAPTH, whom we would like to warmly thank for their collaboration. Their specific expertise is invaluable and productive, enabling us to move forward in the right direction.
SW: They are our point of reference, both for understanding and interpreting the law, and for implementing appropriate technical solutions.
What kind of regulatory changes can we expect in the future?
SW: We can expect updates to the law, with specific provisions that will be incorporated into future regulations in order to better “reflect reality”. I am thinking, for example, of charging stations for electric cars that are not adapted for people with reduced mobility.
MH: In conclusion, although the legislation on accessibility for all is currently raising many questions due to its complexity, it is conceivable that necessary adjustments will emerge as it is rolled out in the field and feedback is received.
Article published in: Lëtzebuerger Gemengen
