Q. We are buying an old office building that does not have a lift. Do we have to install one?

A. Whether lifts have to be provided falls under the scope of both the Disability Discrimination Act 1995 and the Building Regulations 2000. The Building Regulations state: ‘Reasonable provision shall be made for people to gain access to; and use the building and its facilities.’ The Disability Discrimination Act in Paragraph 21 (2) states: 'Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take.'

The Approved Document to the Building Regulations 2000, Part M, Access to and use of buildings (2004 edition) states in paragraph 3.17 'A passenger lift is the most suitable means of vertical access and should be provided wherever possible. However, given the space constraints in some buildings, it may not always be possible to install the type and size of passenger lift that would be suitable for use by all.' Detailed guidance is given on design considerations. Please see the following link to the full-text of the Approved Document: http://www.planningportal.gov.uk/uploads/br/BR_PDF_ADM_2004.pdf (see pages 37 of 85 to 41 of 85).

British Standard BS 8300:2001 Design of buildings and their approaches to meet the needs of disabled people - Code of practice (London: BSI, 2005) also provides guidance on the provision of lifts. Paragraph 8.4.1 states 'Multi-storey buildings should have at least one lift that is of sufficient size to be accessible by wheelchair users and people with mobility difficulties. Lifts should serve all floors. A conventional passenger lift should be the preferred option to provide comprehensive access for all users to levels in a building. However, in existing buildings where access to such a lift is not possible, a platform lift should be provided as an alternative option. In the notes to this paragraph, the standard goes on to say that 'If neither of the other types of lift can be installed a stairlift should be chosen as the final option for existing buildings. If no lift access can be provided in an existing building, it may be necessary to duplicate essential services and facilities on different floors.'

Most interestingly, there is a question on the Government's Planning Portal, which deals with exactly your situation. Please see the following link for helpful advice and interpretation: http://www.planningportal.gov.uk/england/professionals/en/4000000001242.html You will need to scroll down the page to the question on lifts.