Developer guidance M4(2) homes
MSGP10: Accessible and adaptable dwellings
On housing developments of 15 or more dwellings, 25% of dwellings will be constructed to meet the Building Regulation M4(2) Category 2: Accessible and Adaptable Dwellings standard or equivalent successor standards.
1. Gateshead Council adopted Making Spaces for Growing Places (MSGP) on 1 February 2021, forming Part 3 of the Local Plan and containing policies for managing development together with site allocations and designations.
2. National planning policy outlines that planning authorities should plan for a mix of housing to cater for different needs, including the provision of accommodation which is adaptable to changes in an individual's or household's circumstances. This is reflected in the Local Plan in policy CS11: Providing a Range and Choice of Housing of the Core Strategy and Urban Core Plan for Gateshead and Newcastle upon Tyne 2010-2030. MSGP10 requires planning applications to provide a proportion of accessible and adaptable homes.
3. Supporting text to MSGP 10 (paragraph 5.3) includes that "The council also encourages proposals for bungalows and apartments/flats to go beyond the minimum policy requirements set out above. Provision of more than 25% M4(2) homes on site will be encouraged by the council in view of local needs evidence".
4. MSGP11 (supporting text in Paragraph 5.6) expects that specialist and supported accommodation will satisfy the Building Regulation M4(2) Category 2: Accessible and Adaptable Dwellings standard as a minimum and, as appropriate, the M4(3) Category 3: Wheelchair User Dwellings standard, commensurate with the anticipated client group.
5. This guidance note aims to advise developers on how to achieve compliance with MSGP10.
About the M4(2)
6. Building Regulations Approved Document M covers the access to and use of buildings, and sets out three tiers of accessibility standards:
- M4(1) Visitable Dwellings
- M4(2) Accessible and Adaptable Dwellings
- M4(3) Wheelchair User Dwellings
7. Regulation M4(1) is mandatory for all new dwellings, whereas requirements for M4(2) and M4(3) homes are introduced in MSGP and can only be secured through a planning condition. MSGP10 relates only to M4(2).
The approved document summarises the measures in M4(2) in five key criteria:
- Within the curtilage of the dwelling, or of the building containing the dwelling, it is possible to approach and gain step-free access to the dwelling and to any associated parking space and communal facilities intended for the occupants to use.
- There is step-free access to the WC and other accommodation within the entrance storey, and to any associated private outdoor space directly connected to the entrance storey.
- A wide range of people, including older and disabled people and some wheelchair users, are able to use the accommodation and its sanitary facilities.
- Features are provided to enable common adaptations to be carried out in future to increase the accessibility and functionality of the dwelling.
- Wall-mounted switches, socket outlets and other controls are reasonably accessible to people who have reduced reach
Detailed requirements, illustrating specific minimum measurements and dimensions, are available in the The Building Regulations 2010 access to and use of buildings approved document (opens new window)
Meeting the council's requirements
9. Planning officers assessing applications for residential developments (use class C3) of 15 or more dwellings will now be checking that at least 25% of dwellings meet M4(2) standards. The following checklist is intended to help you apply the accessible and adaptable standards in MSGP 10 (and MSGP11: Housing for Specific Groups).
| Type | Use Class C3 dwellings - less than 15 | Use Class C3 dwellings - 15 or more | Conversion/change of use to C3 | HMOs | Prior approval | Build to Rent (PRS) | Studios (use Class C3 including student | Cluster flats (use C4/Sui Generis), halls of residence | Residential Institution (use Class C2) |
| Accessible and Adaptable Requirement? | N | Y | N | N | N | Y | Y | N | Y |
10. Please note that "25% of dwellings" is a precise minimum. The percentage will not be rounded up, so that for example, 25 dwellings out of 101, which equates to approximately 24.75%, will not meet the policy, and on a development of 101 dwellings it will be necessary to provide at least 26 M4(2) Category 2 dwellings.
Supporting information
11. Developers will be requested to clearly indicate which units meet M4(2) standards on both the layout plan and the schedule of accommodation. The Design and Access Statement for residential major applications (which includes all developments of 15 or more homes) will also set out how the scheme will comply with MSGP10.
12. Outline applications should include a statement confirming that 25% of dwellings will meet M4(2), with details to be provided in the Reserved Matters applications. Requirements to demonstrate compliance with MSGP10 in the layout plan, accommodation schedule and Design and Access Statement will be inserted into the Validation Checklist at the soonest opportunity.
Exceptions
13. M4(2) homes should be provided on site unless there are clear reasons why this is not feasible. MSGP paragraph 5.3 indicates that such circumstances could include "where step-free access is not feasible or viable for site-specific reasons, such as on steeply sloping land or stair accessed apartments".
14. Failure to meet the 25% threshold without satisfactory evidence that the scheme is unviable or unfeasible would render the scheme noncompliant with MSGP10 and could risk the application being refused.
15. The council also encourages proposals for bungalows and apartments/flats to go beyond the minimum policy requirements set out above. Provision of more than 25% M4(2) homes on site will be encouraged by the council in view of local needs evidence.
16. If permission is granted for the development, it is likely that a condition will be imposed which requires the submission of evidence that plans for the dwellings identified as meeting Building Regulation M4(2) comply with the requirements set out in the Approved Document M (opens new window). This will usually take the form of a signed report by a suitably qualified person, such as a Building Inspector; a declaration that the report has been shared with the appointed building control body; and a copy of the Building Regulations Notice of the Passing of Plans / Plan Certificate issued by the building control body.