Scottish Law & Changing Places Toilets: What Businesses Need to Know

Scottish Law & Changing Places Toilets: What Businesses Need to Know
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Accessible facilities are a cornerstone of an inclusive society. For thousands of people with complex disabilities, standard accessible toilets are simply not adequate. That is why Changing Places toilets have been developed and, more importantly, why the Scottish Government has now made them a legal requirement in certain types of buildings. 

If your business is planning a new development, or undertaking significant refurbishments, it is essential to understand what the law demands, how compliance is assessed, and what this means in practice.

 

What are Changing Places toilets?

Changing Places toilets are larger, specially equipped facilities designed to meet the needs of people with profound and multiple learning disabilities, as well as individuals with other severe mobility impairments. Unlike standard accessible toilets, these facilities provide:

They enable people who cannot use standard toilets, even those adapted for wheelchair users, to go out with dignity and comfort.

 

The legal requirements in Scotland

From 1 March 2021, the Building (Scotland) Regulations 2004 were amended to require Changing Places toilets in certain types of new buildings that the public has access. This followed extensive consultation and aligns Scotland with similar moves elsewhere in the UK.

The law applies where new buildings, or major refurbishments, are undertaken in:

This means that if you are developing or significantly altering one of these categories of building in Scotland, provision of a Changing Places toilet is no longer optional; it is a statutory requirement.

Compliance standards

Compliance is not only about providing a room labelled as a Changing Places facility; it must meet the technical criteria set out in the Scottish building regulations. These requirements cover:

Local authority building standards officers will check for compliance as part of the building warrant process. Non-compliance may prevent your project from being approved.

 

Why compliance matters for businesses

While compliance is a legal obligation, there are also reputational and social benefits to consider:

Practical steps for businesses

  1. Engage early with architects and designers – ensure the facility is included in the initial design phase.
  2. Check the guidance documents – Scottish Government and British Standards Institute provide detailed layout and equipment specifications.
  3. Consult with users – disability groups and local organisations can offer practical insight.
  4. Factor in costs from the outset – retrofitting can end up costing more than including provision at the design stage.
  5. Plan for maintenance – hoists, benches and other equipment require regular inspection and servicing. 

Conclusion

The introduction of mandatory Changing Places toilets in Scotland represents a significant step forward in accessibility and inclusion. For businesses, this change is not just about ticking a regulatory box; it is about creating spaces that welcome everyone. 

By understanding the legal requirements, designing with compliance in mind, and committing to inclusive practice, businesses can ensure that their new buildings are both lawful and genuinely accessible.

 

FAQs

1. What is the legal minimum size of a Changing Places toilet in Scotland?

A Changing Places toilet must have a minimum floor area of 12m², with a width of at least 3m, to allow adequate circulation space.

2. Do all new buildings need a Changing Places toilet?

No. Only certain types of large, public-facing buildings (such as shopping centres, hospitals and large entertainment venues) are legally required to include them.

3. Are refurbishments included in the law?

Yes. Major refurbishments of relevant buildings must include Changing Places toilets, provided the refurbishment is significant enough to require a building warrant.

4. Who enforces compliance with Changing Places standards?

Local authority building standards officers assess compliance as part of the building warrant process.

5. What happens if a business does not comply?

Failure to comply may delay approvals, prevent occupation of the building, or result in costly enforcement action.

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