Navigating Affected Part Requirements: Essential Scenarios for Accessibility Upgrades in Existing Australian Buildings

In today's built environment, ensuring equitable access for all is not just a legal obligation—it's a cornerstone of inclusive design that benefits businesses, communities, and individuals alike. As experts in disability access consulting, we at Sydney Access Consultants specialize in guiding architects, builders, and property owners through the complexities of compliance with Australia's accessibility standards. This is particularly crucial when dealing with alterations to existing buildings, where the concept of the "affected part" often comes into play. Understanding this provision can prevent costly oversights, enhance user experience, and boost your property's appeal in competitive markets like Sydney and Perth.

Drawing from the Disability (Access to Premises – Buildings) Standards 2010 (Premises Standards), which align closely with the National Construction Code (NCC) 2022, the "affected part" ensures that new or modified sections of existing buildings are reachable via accessible paths. This promotes gradual improvements in accessibility without mandating full-building overhauls. Below, we break down what it means, when it applies, and key scenarios to illustrate its practical implications.

What Is the "Affected Part"?

The Premises Standards define the "affected part" as the path of travel from the principal pedestrian entrance of an existing building to the new or modified section (including the entrance itself). This path must provide a continuous accessible route, compliant with standards like AS 1428.1 for design features such as ramps, doorways, and signage.

The goal is straightforward: there's little value in making a new office space or retail extension fully accessible if people with disabilities can't reach it from the main entry. This provision encourages progressive upgrades over time, aligning with broader goals under the Disability Discrimination Act 1992 (DDA).

Note that while the Premises Standards incorporate this requirement, it's not explicitly detailed in the NCC itself. However, state and territory building regulations have been harmonized to reflect it, ensuring consistency. For the latest compliance, always consult the current NCC 2022 (Amendment 2) and Premises Standards as amended in 2024.

When Does the Affected Part Requirement Apply?

The requirement kicks in during building work that requires approval, such as renovations, extensions, or fit-outs in existing structures. Key triggers include:

• New Building Work: Any alteration or addition that necessitates a building permit.
• Responsibility Threshold: It applies if the applicant for the building approval is the building owner or a tenant occupying the entire building. If the applicant is one of multiple tenants (lessee concession under Section 4.3 of the Premises Standards), the upgrade typically isn't required, as common areas fall under the owner's purview.
• Scope Limitations: Only the affected part needs upgrading—not the whole building. Concessions exist for existing lifts (Section 4.4) and toilets (Section 4.5), allowing them to meet older standards (e.g., AS 1428.1-2001) if they can't reasonably comply with current ones, provided unjustifiable hardship isn't claimed.

Exemptions may apply in cases of unjustifiable hardship, historic buildings, or where full compliance would compromise structural integrity. Professional assessment by access consultants is vital here to document and justify any deviations.

Key Scenarios: Real-World Applications of Affected Part Upgrades

To make this concrete, let's explore common scenarios based on our experience advising on projects across New South Wales and Western Australia. These examples highlight how the provision plays out, potential pitfalls, and the value of early expert input.

Scenario 1: Retail Extension in a Sydney CBD Multi-Tenant Building

Imagine a building owner in Sydney's bustling CBD decides to extend a ground-floor retail space to add a new cafe area at the rear. The principal entrance is street-level but features a small step and narrow doorway that don't meet current accessibility standards.

• Affected Part Impact: The path from the entrance through the existing retail space to the new extension must be upgraded. This could involve installing a ramp, widening doors, and adding tactile ground surface indicators.
• Who Pays?: As the owner is the applicant, they're responsible. If a tenant were applying for the fit-out in a multi-tenant setup, the lessee concession might exempt them from upgrading shared paths.
• Outcome with Consultants: By engaging access experts early, the owner avoids DDA complaints and enhances foot traffic. In Sydney's competitive market, this also improves SEO for "accessible cafes Sydney," drawing more customers.

Scenario 2: Office Fit-Out on an Upper Floor in Perth's Commercial District

A company leases office space on the fifth floor of a Perth high-rise and plans a major internal renovation, including new meeting rooms. The building, owned by a separate entity, has an entrance lobby, elevators, and corridors that partially comply with older standards but lack features like braille signage or adequate turning spaces.

• Affected Part Impact: The path from the main entrance to the elevators and up to the fifth floor qualifies as the affected part. Upgrades might include improving lobby access, ensuring lifts meet concession criteria (e.g., audible signals), and enhancing corridor widths.
• Who Pays?: Under the lessee concession, the tenant isn't obligated to upgrade common areas like the lobby or lifts, as they're not the sole occupant. However, the owner could be involved if the work triggers broader reviews.
• Western Australia Considerations: Perth's growing market values inclusive spaces, but sensitivities around business names from other states mean emphasizing local expertise. Our services, available Australia-wide including Western Australia, focus on tailored solutions that respect regional preferences while ensuring compliance.

Scenario 3: Restaurant Renovation in a Heritage Building in Sydney's Inner West

A restaurant owner in a heritage-listed Sydney building wants to add a private dining room at the back. The entrance has heritage steps, and the internal path winds through narrow historic archways.

• Affected Part Impact: The entire route from the entrance to the new room must be accessible, potentially requiring portable ramps, widened paths, or alternative entries. Heritage status might invoke unjustifiable hardship for full changes, but partial upgrades (e.g., signage and handrails) are often feasible.
• Who Pays?: As the owner-applicant, they're on the hook, but concessions for existing toilets or lifts could apply if they meet prior standards.
• Outcome with Consultants: Balancing heritage and access prevents legal risks and positions the venue as a leader in "inclusive dining Sydney," boosting online visibility and patronage.

Scenario 4: Small Cafe Fit-Out in a Perth Shopping Centre

A tenant in a multi-tenant Perth shopping centre leases a small space for a juice bar and applies for minor internal works like new counters.

• Affected Part Impact: The path from the centre's main entrance to the tenancy might need review, but the lessee concession typically exempts the tenant from upgrades, shifting responsibility to the centre owner for common malls.
• Who Pays?: Tenant avoids costs for shared paths, focusing only on their space.
• Western Australia Considerations: In emerging markets like Perth, such upgrades can differentiate businesses. We provide discreet, effective consulting to align with local expectations without overemphasizing interstate origins.

How Access Consultants Can Streamline Your Project

Navigating affected part requirements demands nuanced knowledge of the Premises Standards and NCC 2022. At Sydney Access Consultants, we offer comprehensive audits, design reviews, and compliance strategies to minimize disruptions and maximize value. Whether you're in Sydney's dynamic urban landscape or expanding into Western Australia's vibrant scene, our team ensures your projects are future-proofed for accessibility.

For properties in Perth and surrounds, we're committed to delivering services that resonate locally, helping you create spaces that welcome everyone. Contact us today at sydneyaccessconsultants.com.au to discuss your next upgrade—let's turn compliance into a competitive advantage.