From April 1, buildings that do not comply with accessibility rules for people with mobility difficulties will be deemed “illegal.”

An important issue in the design of buildings and public spaces is unimpeded access for all individuals, regardless of age and/or physical condition. According to current urban planning legislation and the Guidelines of the Ministry of Environment, buildings and public spaces must be designed in such a way as to ensure access for people with mobility difficulties. For this reason, by March 31, 2023, all buildings in our country must have made the appropriate modifications, given that, in addition to people with mobility problems, people with temporary disabilities and other people with reduced mobility (pregnant women, infants, young children, the elderly, etc.) make up about 50% of the country’s population (i.e., one in two citizens) with increased needs.

What will apply from April 1, 2023?

From April 1, 2023, it will be mandatory for new building permits to include an accessibility study prepared by a civil engineer. Private residential buildings constructed with a building permit issued on or after April 9, 2012, which is the date of entry into force of the NOK (Law 4067/2012) and thereafter, and existing buildings constructed with a building permit prior to April 9, 2012, must have undergone renovation work and comply with accessibility rules. In addition, public and municipal buildings and a number of other buildings of public interest must be adapted so that their functional areas are accessible to persons with disabilities or persons with reduced mobility.

What are the consequences for those who do not comply?
The projects and accessibility studies for buildings are the responsibility of the owners, but those who do not comply with the law will face the obligation of full compliance and the penalties provided for in the first potential act, when they wish to lease, transfer, modify, or regularize unauthorized uses in order to enter into subsidized energy saving programs or issue a building permit for their property for any urban planning or construction purpose. The penalties have been provided for in Article 26 of the NOK since 2012. The suspension of penalties, which initially expired on December 31, 2020, was extended for two years until December 31, 2022, and now a new three-month extension has been enacted until March 31, 2023.

What are the Basic Technical Specifications?

The basic principle of the Technical Specifications for Accessibility Studies is the creation of an “accessible chain,” i.e., the construction of projects aimed at continuous, chain-like accessible movement in the area, without discontinuities or obstacles.

Basic technical specifications for buildings:
Accessible entrance (>0.90 m) and access from the external door to the elevator (minimum acceptable width 0.90 m with simultaneous provision of wheelchair maneuvering space)
Vertical circulation (accessible elevator or lift)
Accessible escape routes and protected accessible waiting areas in case of emergency
At least one accessible toilet
Basic specifications for outdoor areas:
Horizontal circulation and access to public areas with a minimum width of 1.50 m without obstacles. Guide rails and ramps are provided for accessible sidewalks and pedestrian walkways, low-traffic roads, and squares.
Accessible crossings and public transport stops
Parking spaces for disabled vehicles
What about new residential buildings?
In new residences, built within or outside of plans, for persons with disabilities and “obstructed” persons, the following must be ensured:

Autonomous (without anyone’s help) & safe (in every respect) horizontal and vertical access, in accordance with the applicable guidelines of the Ministry of Environment, Energy and Climate Change “Designing for All” (with corridors, ramps, mechanical means, etc.)
Conditions for easy conversion of residences into residences for future users with disabilities/impediments, without affecting the building’s load-bearing structure.
Accessible waiting area with one wheelchair space
What applies to old residences?
For residences that do not have an elevator and do not ensure accessibility for persons with disabilities and reduced mobility, it is possible to install a ramp or lift to ensure access for persons with disabilities, etc. from the sidewalk to the internal/external common areas, by way of derogation from any applicable provision or regulation.

What applies when there is a change of use in the building?
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In the event of a change of use in all or part of the building (e.g. floor) of the building, accessibility for persons with disabilities or persons with reduced mobility must be ensured in the common areas of the building, provided that the building’s load-bearing structure is not affected.

Otherwise, the construction is considered unauthorized.

When buildings are existing, what are their obligations?
Specifically for existing buildings, the following are permitted on an exceptional basis:

A) Elevator with minimum internal cabin dimensions: width 0.90 m and length 1.20 m, free door opening in the smaller of the above dimensions 0.80 m.

B) At least one sanitary facility accessible to persons with disabilities and/or persons with reduced mobility, shared by men and women.

C) Existing buildings used for commercial purposes, offices, and health-related stores with indoor or outdoor seating, with a total area of less than 100 square meters may be exempted from the obligation to create accessible sanitary facilities for the public only if this causes a disproportionate burden on their owners.

What are the general exceptions for all buildings?
All buildings that have sole access to a stepped road or are located on plots where the minimum difference in natural ground level at the building line from the sidewalk surface is greater than 2.50 m are exempt.

New buildings are exempt from the obligation to provide access to floors above the ground floor or to internal balconies or landings, provided that:

a) The area of internal balconies (lofts) or mezzanines constitutes up to 50% of the area of the main hall and no more than 100.0 m². and their use is the same as that of the main hall, or the internal balconies or steps have an auxiliary use.

b) The total gross floor area of the floors above the ground floor is less than 200.00 m² and, at the same time,

c) the gross area of each floor is less than 70.0 m².

Please note! These exceptions do not apply if the building is the only one of its kind in the settlement and, at the same time, the floors above the ground floor are used for public services other than those provided on the ground floor.

What happens when co-owners disagree on the modifications?
The modifications can be made by the interested party at their own expense, without the consent of the other co-owners, by way of derogation from the provisions of the building regulations, following a decision by the Central Accessibility Committee, issued upon request by the interested party, accompanied by the required supporting documents (written invitation to co-owners, engineer’s technical report, structural adequacy study).