Government to lay new law to halt the march of gender-neutral toilets in buildings

New requirements will be brought forward for single sex toilet facilities in new non-domestic buildings to alleviate safety, privacy and dignity concerns.   

The new legislation follows the results of a consultation on the proposals, where responses showed 81% agreed with the intention for separate single-sex toilet facilities and 82% agreed with the intention to provide universal toilets where space allows.  A universal toilet is self-contained, and a fully enclosed toilet room with a wash hand basin for individual use.

Responses highlighted particular concerns from women, elderly and the disabled who felt unfairly disadvantaged as publicly accessible toilets are increasingly being converted into gender neutral facilities where users share cubicle and hand-washing facilities. This leads to increasing waiting in shared queues, decreased choice and less privacy and dignity. 

The new requirements will mean everyone can access appropriate facilities either through a separate single-sex space or a self-contained, universal toilet.   

Changes to building regulations will mean that new non-domestic buildings, including restaurants, shopping centres, offices and public toilets will be required to provide separate single-sex toilets for women and men.  Self-contained, universal toilets may be provided in addition, where space allows, or instead of single-sex toilets where there isn’t enough space.   

In addition to single-sex toilets becoming the default for new non-domestic buildings and places undertaking major refurbishment, the policy encourages provision of self-contained universal toilets, which are a fully enclosed toilet room with a washbasin and hand-drying facilities for individual use.   

The Government is clear that single-sex spaces are essential for ensuring privacy and dignity for the elderly, women, and girls. 

The move comes following a set of announcements of firm action to protect spaces for women and girls, such as the Government’s introduction of a new NHS constitution which put patient safety and dignity at the heart of care, including reinforcing the NHS’s commitment to providing single-sex wards. It also follows the Minister for Women and Equalities’ call for examples of organisations issuing incorrect guidance on single-sex spaces. 

In addition, the Department for Education re-enforced that Schools are required to comply with minimum standards, including that separate toilets for boys and girls aged 8 years and over are to be provided. While colleges are not subject to the same legal requirements, they should take the same approach given the same safeguarding considerations apply.