Definition

The duty to make reasonable adjustments requires duty-bearers to remove barriers that put disabled people at a substantial disadvantage compared with non-disabled people. Under section 21 of the Equality Act 2010, a failure to comply is discrimination — no hostile intent is required. The duty is framed in section 20 as three distinct requirements; section 22 enables regulations to clarify what is reasonable. The applicable schedules — Schedule 2 (services and public functions) and Schedule 4 (premises) — apply those requirements to their respective contexts. Costs cannot be passed on to the disabled person (section 20(7)).

Why this matters for Inclusive Environments

  • Level 1 knowledge: name the three requirements under section 20 and explain the anticipatory/reactive distinction between service-provider and employment duties.
  • Surveyors advise on physical access, lease terms and building alterations — all engage this duty directly.
  • Breach is enforceable in the County Court with uncapped compensation for injury to feelings.
  • The EHRC's statutory Codes of Practice must be taken into account by courts and tribunals.
  • Integrating the Equality Act with Part M, BS 8300 and listed-building consent is a classic Level 3 area.

Key principles and explanation

1. The three requirements under section 20

Each is triggered where a disabled person suffers a substantial disadvantage compared with non-disabled persons:

  • First — provisions, criteria or practices (PCPs): any PCP — written policy, informal procedure or habitual practice — causing substantial disadvantage must be changed or disapplied so far as reasonably practicable.
  • Second — physical features: the duty-bearer must remove, alter, or provide a reasonable means of avoiding the feature (section 20(9)). Section 20(10) defines "physical feature" broadly to include design and construction features, approaches, fixtures and fittings, and any other physical element.
  • Third — auxiliary aids: where an auxiliary aid or service (section 20(11)) would avoid or reduce substantial disadvantage, it must be provided — for example, induction loops, large-print documents, portable ramps or sign-language interpreters.

2. The anticipatory duty for service providers (Schedule 2)

For service providers, the duty is anticipatory. Schedule 2 converts "disabled person" in section 20(3)–(5) to "disabled persons generally," meaning the duty is owed to the class of disabled people who might use the service — not merely to whoever happens to complain. A service provider must proactively identify barriers that people with different impairments might face and take reasonable steps to remove them in advance. The EHRC's statutory Code of Practice on Services, Public Functions and Associations confirms the duty "applies regardless of whether the service provider currently has disabled customers." A provider that waits until a disabled customer complains will almost certainly be found to have breached the duty. This standard applies to estate agents, managing agents, surveyors in private practice and all other service providers.

3. Employer and landlord duties — the reactive contrast

  • Employers (Part 5, Schedule 8): the duty is reactive — triggered by a particular employee or job applicant being disadvantaged. Employers need not anticipate the needs of all hypothetical future disabled employees.
  • Landlords of let premises (Part 4, Schedule 4): also reactive — Schedule 4, paragraph 2(5) requires a request from the disabled person. Paragraph 2(8) imposes a hard limit: it is never reasonable for a landlord to take a step involving removal or alteration of a physical feature of let premises.
  • Education bodies (Part 6, Schedule 13): carry an anticipatory variant of the duty.

4. The reasonableness test

The EHRC Code identifies the key factors: effectiveness; practicality; cost relative to the organisation's overall resources (a national chain is held to a higher standard than a sole trader); the nature of the service; availability of alternatives; genuine health and safety constraints; and constraints imposed by other legislation. No single factor is decisive.

5. Listed buildings, Part M and BS 8300

The Equality Act does not exempt listed buildings. The EHRC Code requires a service provider to obtain written confirmation from the local planning authority's conservation officer before concluding that a physical alteration is impermissible under the Planning (Listed Buildings and Conservation Areas) Act 1990. Where permanent works are refused, alternatives can still satisfy the duty: a portable ramp, a platform lift to a less sensitive area, or PCP adjustments such as offering the service at ground level.

Approved Document M and BS 8300 set minimum technical standards for new build. Schedule 21 provides that removing a feature installed in accordance with Part M is not reasonable for ten years from completion, but this protection lapses and does not extend to PCPs or auxiliary aids. The Equality Act applies to any building regardless of age; BS 8300 is the accepted technical benchmark rather than a legal requirement.

Assessor tip

Do not conflate the service-provider and employment duties. For service providers (Schedule 2), the duty is anticipatory — proactively owed to disabled persons generally, without waiting for a request. For employers (Schedule 8), it is reactive — triggered by a specific individual being disadvantaged. An estate agent should already have a plan before any disabled customer arrives; an employer acts once it identifies a particular employee's disadvantage. Getting this right at interview signals Level 2 competence.

Relevant RICS guidance and legislation

  • Equality Act 2010, sections 20–22 and Schedules 2, 4 and 8 — the primary statutory framework for the three requirements and their application to services, premises and employment.
  • EHRC Code of Practice: Services, Public Functions and Associations (2011) — statutory guidance; courts and tribunals must take it into account.
  • EHRC Code of Practice: Employment (2011) — equivalent statutory guidance for the employment context.
  • Building Regulations Approved Document M (Access to and Use of Buildings) — minimum technical access standards; relevant to the Schedule 21 ten-year protection.
  • BS 8300: Design of an Accessible and Inclusive Built Environment — British Standard best-practice guide; the accepted technical benchmark in surveying practice.
  • Planning (Listed Buildings and Conservation Areas) Act 1990 — governs listed-building consent; relevant to reasonableness of physical alterations.
  • RICS Rules of Conduct (effective 2 February 2022) — Rules 2, 3 and 5 are engaged when advising on or implementing reasonable adjustments.

Ethics and Rules of Conduct angle

Rule 2 (competence) means a surveyor who advises that a listed building is wholly exempt from the Equality Act is giving negligent advice. Rule 3 (integrity) applies where commercial pressure tempts under-assessment of a proposed step's reasonableness. Rule 5 (service) obliges members to ensure disabled persons are not unlawfully disadvantaged through advice or inaction. The statutory duty is a floor; RICS's commitment to inclusive environments points towards best practice that goes further.

APC questions and answers

Q (Level 1)What are the three requirements that make up the duty to make reasonable adjustments under section 20 of the Equality Act 2010?

The first requirement concerns provisions, criteria or practices (PCPs) — where a PCP puts a disabled person at a substantial disadvantage, steps must be taken to avoid it. The second concerns physical features — the duty-bearer must remove, alter or provide a reasonable means of avoiding the feature. The third concerns auxiliary aids — where an auxiliary aid or service would avoid or reduce substantial disadvantage, it must be provided.

Q (Level 1)What does 'anticipatory' mean in the context of the duty to make reasonable adjustments for service providers?

For service providers, the duty is anticipatory because Schedule 2 converts "disabled person" in section 20(3)–(5) to "disabled persons generally." The duty is therefore owed to the class of disabled people who might use the service, not only to those who have made a specific request. A service provider must proactively identify barriers and take reasonable steps to remove them in advance — it cannot wait until a disabled customer complains before acting.

Q (Level 2)An estate agency occupies a ground-floor office with a stepped entrance. A wheelchair user wants to enquire about a property. What reasonable adjustments might the agency be required to make?

Because the duty is anticipatory, the agency should already have a plan before any disabled customer arrives. Possible adjustments include installing a portable or permanent ramp; conducting consultations in an accessible room or at the client's premises; and offering the service by telephone, video call or home visit. Staff should be trained to arrange these options without requiring the customer to ask repeatedly. Cost, practicality, available resources and the nature of the service are all relevant to what is reasonable, but the agency cannot rely solely on the physical barrier — it must demonstrate it has genuinely considered alternatives.

Q (Level 2)How does the Equality Act 2010 reasonable adjustments duty differ from Building Regulations Approved Document M and BS 8300?

Approved Document M and BS 8300 set minimum technical access standards for new build and certain material alterations — they are design benchmarks applied at construction. The Equality Act duty applies to the ongoing delivery of services from any building regardless of age, and focuses on outcomes for disabled people. Compliance with Part M does not immunise a service provider — a building that met the standards when built may still require PCP changes or auxiliary aids — and the ten-year Schedule 21 protection eventually lapses.

Q (Level 3)A managing agent instructs you to advise on reasonable adjustments to the common parts of a mixed-use building. The main staircase is inside a Grade II listed building. How do you approach the assessment and what solutions might you recommend?

I would begin by identifying barriers — stepped access and potentially narrow doorways — and assessing who is substantially disadvantaged. For a listed building I would seek pre-application advice from the local planning authority's conservation officer to establish what alterations are permitted under the Planning (Listed Buildings and Conservation Areas) Act 1990. The Equality Act does not exempt listed buildings; reasonableness takes account of heritage constraints, but all alternatives must be considered before concluding nothing is possible. Where permanent structural works are refused, options could include a portable or platform ramp, a through-floor lift to a less sensitive area, or PCP changes such as delivering services at ground level. I would document the process, retain the conservation officer's written advice, and recommend a periodic review, cross-referencing the EHRC's Code of Practice on Services, Public Functions and Associations throughout.