Rank: Forum user 
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Please help. I have been challenged regarding the number of toilets in an office. This is a hight street office with around 8-10 staff. The staff have looked at the welfare guidance and stated that they should have 2 toilets. To install an additional toilet would involve landlord consent and as it is a listed building, planning permission.
My question is, is regulation 20 required without regulation 1-3(b) modification, extension or conversion? The office is being re-decorated at the moment which is prompting the question.
Thanks if anyone can advise.
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Rank: Forum user
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I would assume your high street office was not subject to the provisions of the Factories Act 1961 prior to 1993 so therefore Regulation 20(3) will not apply. It seems you don’t comply with the schedule so you probably need an extra lav (or fewer staff).
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Rank: Forum user
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I would say you need the extra one as well.
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Rank: Super forum user
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I disagree with the previous posters. The ACoP recommends two toilets for 6-25 staff. What you have provided seems reasonably practical given the number of employees.
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Rank: Forum user
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PH2 - I am lost. They have 10 staff and 1 toilet. You quote the acop recommendation as 2 toilets for 6-25 staff.
Am I missing something.
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Rank: Super forum user
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Are ALL the staff in the location at the same time? Are they all the same gender? Is it a WC that is currently provided? Is there a wash hand basin? More questions than answers before arriving at a response.
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Rank: Forum user
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Thanks guys so far. All the staff are not neccessarily on the premises at the same time apart from a morning meeting (mixed gender).
This is an old listed building which which was likely built long before 1961. To put in an extra toilet will probably involve an extension, my guess £20,000 +. I will be asked by the board if there is any legal requirement for this. If the exemptions apply: 1(3b) then the answer is no (or doesn't it work like that??)
I think my original question still stands. As this premises has not had any form of modification, extension or conversion, does reg 20 apply?
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Rank: Forum user
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As I said, unless your building was previously covered by the Factories Act 1961 (and on the information provided it seems unlikely) the exemption in Reg 20(3) does not apply. Consequently your question about modifications etc is not relevant.
However, it is possible you could argue your case on the number of employees ‘normally’ present. If the figure is less than 6 (and larger attendance is only for a short meeting, each day) it may well be reasonable to continue as you are. Supporting evidence would be whether the current facilities, which have presumably been in place for some considerable time, give rise to any problems.
You need to explain this tactfully and diplomatically to staff, who if not satisfied may raise it with the enforcement agency (EHO?). If they do, you will need to be able to demonstrate your reasoning.
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Rank: Super forum user 
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My interpretation of the regulation below is that it is an exemption to allow compliance later than the date for new builds which was 01/01/93. So anything built on or after 01/01/93 must comply with the requirements from that date ( including a new workplace or a modification or an extension or conversion as these will in effect be new builds). However any existing building, built before 01/01/93 can take up to 01/01/96 to comply.
Not sure about The Factories Act part, I do remember reading it once a few years ago, but I was just looking up something specific. I very much doubt anything in there will change this requirement. However as it is a listed building you may not be able to alter the outside appearance of the building (you may have to get consent to alter the inside as well). I would suggest you talk to the planning department or/ and those that deal with listed buildings.
(3) Regulations 5 to 27 and the Schedules shall come into force on 1 January 1996 with respect to any workplace or part of a workplace which is not –
(a) a new workplace; or
(b) a modification, an extension or a conversion
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Rank: Super forum user
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Sorry forgot to add, the bit about inside includes possible consent to paint walls if it was previously exposed brick /stone. Was it decorating you said you were doing - Doh.
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Rank: Forum user
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chris42 wrote:
Not sure about The Factories Act part, I do remember reading it once a few years ago, - -
Yeah I glanced at it myself. The main point is it applied to Factories! The Offices, Shops and Railway Premises Act applied to offices.
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Rank: Super forum user
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Barnaby is spot on - the OSRP REGS 1963 applied. This means only the basic suitable and sufficient apply as I see it. Unless you have had no problems then why change - simply record what has been done and why.
Bob
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Rank: Super forum user
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