Consultation outcome

Environmental Principles policy statement - toilet provision changes to the building regulations

Updated 15 May 2024

Phase 1: Environmental considerations

Section 1: Policy/Service

Provide a brief outline of (the changes to) the policy or service being considered, including the main rationale and aim(s), and any indicative timeframes for policy development.

To amend the Building Regulations to regulate the provision of toilets in new, non-domestic buildings, a new Part T will be added to Schedule 1 of the Building Regulations 2010. The new requirement will require toilets in new, non-domestic buildings (excluding a small number of exemptions), or existing buildings undergoing material alterations or material change of use, to be single-sex toilets with either single-sex shared or individual hand-washing facilities. Fully enclosed universal toilets can also be provided in addition. Where space precludes single-sex toilets from being provided, fully enclosed universal toilets should be provided.

The purpose of the policy is to ensure safety, privacy and dignity for members of society when using toilets. The new requirement will make sure that provision of single-sex toilets is maintained and will also encourage the provision of universal toilets.

Secondary legislation is due to be laid on 15 May 2024.

Section 2: Assessing environmental effects

1. Does your policy have an environmental effect? Please consider the example effects and metrics listed in ANNEX A to detail the type of effect.

If yes, please complete Qs 2-6 in this section.

If no, please skip to Q7 in this section.

No

7. If you answered ‘no’ to Q1, please state why there is no environmental effect, either positive or negative.

You can now go straight to sections 6 and 7 in phase 3 without completing sections 3, 4, and 5.

Building Regulations and the statutory guidance accompanying them (Approved Documents) apply to new building work, or where existing buildings are undergoing a material change of use. Powers in the Building Act 1984 and Building Regulations 2010 are not retrospective.

The policy sets out the definition for types of toilets that should be provided in new, non-domestic buildings.

This policy does not:

• prescribe the number of toilets expected for a specific building type,
• consider the management and use of toilets themselves (the management and use of buildings is for the building owner/controller - the Building Regulations do not direct how buildings should be managed or used),
• require toilets to be retrospectively changed in existing, non-domestic buildings.

The provision of specific types of toilet accommodation, including single-sex and universal toilets, is not mandated in the current Building Regulations. The new regulation will state “toilet accommodation in buildings other than dwellings must consist of reasonable provision for male and female single-sex toilets” or “where space precludes provision of single-sex toilets, universal toilets.” The new regulation also states toilet accommodation “may consist of universal toilets in addition to single-sex toilets.” Therefore, the new policy does not require the construction of toilets where before there was no such requirement.

As there are no direct environmental effects from the policy, none of the five environmental principles are relevant.

Phase 3: Evidencing compliance

Section 6: Informing ministers

Sections 2-5 are designed to guide a robust assessment of environmental factors within policymaking. Following this consideration, in order to comply with the duty, policymakers must provide an explanatory overview to Ministers, demonstrating that appropriate thought has been given to the Policy Statement, and to set out the outcome of such consideration in terms of how the policy is shaped i.e. What action has been taken in applying the principle(s)? What action has been taken as a consequence of the principle(s)? This is likely to be done in the latter stages of policy making, when the proposal is more fully developed.

Structure of the explanatory overview, to be included in relevant submissions when seeking a policy decision:

You have a statutory duty to consider the policy statement under the Environment Act 2021. Our assessment of environmental effects found there to be no direct environmental effects, positive or negative, from the proposed policy. The policy defines types of toilets that can be provided in new, non-domestic buildings but does not prescribe the number of toilets expected for a specific building type, nor does the policy consider the management and use of toilets themselves. The policy does not require toilets to be retrospectively changed in existing, non-domestic buildings. Therefore, there are no environmental effects directly from the policy itself.

Hence, none of the five environmental principles are relevant and no change to the policy is advised.

The principles must be applied proportionately. This means that ministers should balance social, economic, and environmental considerations in making policy. They should consider the environmental effects of a policy and the value of any mitigating actions. They should consider this in the context of the associated costs and benefits to society of the policy’s primary objectives, as well as the financial and economic costs and benefits. This includes the potential costs of effects on the environment, and any related ecosystem services.

Where there is a substantial risk to the environment, the weight given by Ministers to the policy statement increases. If this is the case, you may wish to annex relevant pieces of your assessment in order to support your explanatory overview. Equally, if the potential environmental impact is limited, then a lighter-touch action may be appropriate and in some cases no change to the policy will be appropriate.

Section 7: Support & sign-off

1. Please review the analysis and summary of the Environmental Principles in your submission with your legal team before sending the submission.

2. Have you consulted with your work area’s Environmental Principles Policy Champion, or the Central Strategy Team?

We have shared the analysis of this assessment with our legal team and have consulted with the environmental principles policy champion, as well as departmental guidance on the principles, prior to seeking ministerial sign-off for the policy.