Disability discrimination in property

Discrimination law and the associated civil claims that can arise from unlawful discrimination are governed by the Equality Act 2010 (the Act). Other than in Northern Ireland, the Act replaces previous legislation relating to discrimination, including the Disability Discrimination Act 1995 (DDA). It is important, however, to note that section 36(1)(d), (5) and (6), and Parts 5–7 of Schedule 4 of the Act (common parts of residential premises) remain unimplemented.

While this isurv section aims to summarise the application of discrimination legislation in the commercial property sector, it is a complex area of law. It is therefore essential to refer to the specific wording of the Act when considering its application, particularly in relation to the duty to make reasonable adjustments.

This section relates to the law of discrimination in England and Wales. While the Act does apply in Scotland, there are some slight differences (in part due to its devolved powers and the legal system in Scotland).

This section focuses on disability discrimination under the Act and supporting legislation in the context of property issues. It does not cover in any detail disability discrimination in other matters, for example fields such as employment issues or education.

Alongside an overview of the Act and those who have duties under it, this section covers notable case law, legislation and proposals related to disability discrimination. It also considers disability discrimination in both the built and natural environments and landlord and tenant issues.

This section is maintained by Tracey Marsden and Emma Sweetman of CMS Cameron McKenna Nabarro Olswang LLP.

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