Access reports for restaurants, cafes and bars in NSW
A restaurant, cafe or bar is a Class 6 building, so the NCC requires access to and within all areas normally used by occupants, plus accessible toilets wherever patron toilets are provided. Fit-outs needing approval also bring in the Premises Standards affected part. An access report shows the certifier how the fit-out complies. Call Sydney Access Consultants on (02) 9586 3111.
What NSW requires in a food and drink premises
Class 6 buildings must provide access to and within all areas normally used by the occupants under NCC 2022 D4D2(6). Normally used areas include dining rooms, the bar, ordering counters, toilets and outdoor seating within the property. NSW building work is assessed against NCC 2022 Amendment 2 until 1 May 2027. See the NCC Part D4 access guide.
The Disability (Access to Premises – Buildings) Standards 2010 require that new building work complies in the new part and the affected part. The affected part is the principal pedestrian entrance and the accessible path of travel to the new work. See the change of use and fit-out access NSW page for the full treatment.
Does a cafe need a disabled toilet? The NSW 20-person rule explained
NSW Table F4D4d in NCC 2022 Part F4 carries the note: “Sanitary facilities need not be provided for patrons if the total number of persons accommodated in the building is not more than 20.” The note also covers certain small live music or arts venues that are not licensed premises. This threshold counts everyone accommodated in the building, including staff. It is about whether patron toilets must be provided. It does not remove the general access obligations under Part D4.
Where patron toilets are provided, F4D5 requires accessible unisex sanitary compartments in accordance with F4D6, plus an ambulant cubicle at each bank of toilets where there is more than one toilet. F4D4(5) allows staff and public to share facilities in a Class 6 building where the total number provided covers both. See the disabled toilet regulations NSW page for layouts and dimensions.
In shopping centres and food courts, facilities may be provided centrally. Whether that satisfies the requirement is a question for the certifier on the specific centre. It is not a blanket exemption.
A 40-seat cafe will almost always need patron toilets and therefore an accessible unisex compartment. A 15-seat espresso bar that accommodates no more than 20 people in total may not need patron toilets, yet it still needs an accessible path to the counter and seating that customers normally use.
Getting in: entrances, steps and the affected part
A step at the shop door is the most common existing-building problem. Options include regrading the threshold, an internal ramp, a platform lift, or a Performance Solution or unjustifiable hardship argument where it is genuinely not feasible. See the performance solutions page, the unjustifiable hardship NSW page and the platform lifts CDC Class 2 NSW page. Door widths, circulation and thresholds are covered on the AS 1428 design for access and mobility page.
Inside: tables, bars, counters and circulation
The accessible path must reach the areas normally used. Loose furniture layouts still need a clear route that meets AS 1428.1 path widths. Bars and service counters should provide a lowered section or alternative service point. See the reception counters AS 1428 page for heights and knee clearance. Raised or sunken dining areas and mezzanines must be accessible unless an exemption applies. This is where Performance Solutions most often arise. Hearing augmentation is required only where an inbuilt amplification system is installed, for example in a function room. See the hearing augmentation NCC page.
Outdoor dining
Outdoor seating on the property is an area customers normally use, so an accessible path is required. Surfaces, level changes and the route from the entry must be considered. Footpath dining on council land is a separate council approval. Councils commonly set conditions on clear widths and access past the seating. Confirm the current council policy for the site.
When you need an access report (DA, CDC, CC)
Many Sydney DCPs ask for an access report for a change of use or fit-out of premises open to the public. See the DA vs CC access report page. For a CDC fit-out under the Codes SEPP the certifier still needs to be satisfied on Part D4 and Part F4. At construction certificate stage a compliance report on the drawings is required, and a final inspection or as-built letter is often needed before the occupation certificate. See the what certifiers want in an access report page.
What Sydney Access Consultants checks on a hospitality fit-out
Sydney Access Consultants is an ACA Accredited Member 435. We check the entrance and affected part, the accessible toilet and ambulant cubicle, patron numbers against NSW Table F4D4d, circulation and the furniture plan, the bar and counter, the outdoor seating route, signage, and any Performance Solution that is needed. Practice work concentrates on Cronulla, Sutherland Shire and Hurstville / Georges River. Mid North Coast work is supported by Sandy Grey at Black Beach. Call (02) 9586 3111 for a fee proposal.
Frequently asked questions
Does a small cafe in NSW need a disabled toilet?
Not always. Under the NSW version of NCC Table F4D4d, a restaurant, cafe or bar does not have to provide patron toilets if the total number of people accommodated in the building is not more than 20. If patron toilets are provided, the NCC requires an accessible unisex toilet that complies with AS 1428.1. Either way, the cafe still has to give people with a disability access to and within the areas customers normally use.
Do I need an access report for a restaurant fit-out in NSW?
Usually, yes. A restaurant, cafe or bar is a Class 6 building, and a fit-out that needs a DA, CDC or construction certificate has to meet NCC Part D4 and the Premises Standards, including upgrades to the affected part: the main entrance and the accessible path to the new work. An access report shows the certifier how the design complies and flags anything that needs a Performance Solution.
Does outdoor dining have to be wheelchair accessible?
Outdoor seating on the property is an area customers normally use, so the NCC expects an accessible path to it. Footpath dining on council land is approved separately by the council, which commonly sets its own conditions on clear widths and access past the seating.
How high should a bar or service counter be for wheelchair users?
Provide a lowered section or alternative service point that meets AS 1428.1. See the reception counters page for typical heights and knee clearance.
What if the existing shop has a step at the door I cannot remove?
Options include regrading, an internal ramp, a platform lift, a Performance Solution or an unjustifiable hardship argument where it is genuinely not feasible. Document the evidence for the certifier.
How much does an access report for a cafe cost?
It depends on the scope of the fit-out and the drawings supplied. Call Sydney Access Consultants on (02) 9586 3111 for a fee proposal.
Opening a cafe, restaurant or bar? Call Sydney Access Consultants on (02) 9586 3111 for a scoped fee proposal on the access report.
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