ADA Compliance - Who is Responsible?
Who is responsible for making sure a commercial building is ADA compliant?
This is a common question and concern for new buyers and lessees of commercial real estate buildings, especially for older buildings that predate the Americans with Disabilities Act which was enacted during the 1990’s.
ADA Compliance is the Responsibility of the Landlord and Tenant
The short answer to this question is both. It is the responsibility of both the owner and the tenant to be in compliance with ADA safety standards anytime the building is being occupied and used for any purpose that serves the public.
The ADA places the legal obligation to remove barriers or provide auxiliary aids and services on both the landlord and the tenant. The landlord and the tenant may decide by lease who will actually make the changes and provide the aids and services, but both remain legally responsible. (Source)
Add a commercial inspector to your real estate team
Find an inspector who is well versed with ADA standards and protocols in order to determine whether the building you are considering is currently compliant, or may need to undergo a level of reconstruction in order to become compliant. Having a knowledgeable professional in your corner is a proactive approach to managing avoidable costs.
Should a mistake occur in the design or initial construction phase of a project, the mistake can be identified early through the plan approval and inspection processes and corrected at a time when adjustments can easily be made and the costs for doing so remain low. (Source)
How to find a qualified commercial building inspector
We highly recommend hiring a commercial real estate inspector who is an an active member of CCPIA and who has obtained certifications through CCPIA, which is a national organization that focuses on equipping commercial inspectors in a way that helps to protect the investments of those purchasing and leasing commercial buildings.
Use the CCPIA website to conduct a search for a commercial property inspector in your area.