For those looking at commercial real estate for sale, there can be concerns about compliance with building codes and federal regulations, including adherence to the Americans with Disabilities Act (ADA). When it comes to ADA compliance, the question often comes up about whether or not a building is up to standard. For the vast majority of new construction and pre-existing facilities, the answer is yes. But there are exceptions.
Here is a list of some possible ADA compliance exemptions:
- Historic buildings registered as local, state, or federal landmarks
- For new construction, if it is structurally unfeasible
- Raised areas used mostly for security, life, or fire safety
- Pre-existing buildings that met 1990 ADA requirements, but do not meet 2010 ADA compliance
- Unoccupiable spaces such as ladders, catwalks, and narrow passages.
With new construction, the law dictates that a building that may have some structural impracticability must be ADA-compliant to the greatest extent possible. But, if a property owner can prove impracticability, then full ADA compliance is not enforced.
It must be noted, however, that even when ADA exceptions are granted, it does not mean that other ADA standards can be ignored. Usually, these buildings will have to follow and implement new ADA changes to the “maximum extent practicable.” Necessary alternations must also be made to the “maximum extent feasible”, and changes should be made that are “readily achievable” and do not involve unreasonable expense or effort. This last stipulation is primarily aimed at small businesses and determined based on the size and resources of the business.
While these exceptions are not exhaustive, they do give you an idea of how the ADA works and how this law may affect you when you are searching for commercial real estate for sale.
For more information on commercial real estate for sale or how the ADA might affect your business, contact us at the Menlo Group.