A Solicitor’s Guide to: M4(2) and M4(3) Accessibility Standards
At SDA, our team specialises in providing Expert Witness, Property Finding, and Architectural Services to support litigation and meet the complex housing needs of injured individuals. We leverage our experience to ensure properties are identified and adapted for our clients to meet the appropriate level of accessibility that meet the client’s needs for independence and comfort at home.
M4 Standards: The Legal Framework
The M4 standards within Approved Document M of Building Regulations (England) define the legal requirements for how new homes must be designed to better service individuals with varying mobility needs.
- M4(1) is the mandatory baseline accessibility standard for all new dwellings
- M4(2) and M4(3) are higher, optional accessibility standards which require additional features for adaptability and wheelchair users.
- Their application depends on local planning policy, which means the quality and quantity of accessible housing varies significantly across the UK.
M4(2): Accessible and Adaptable Dwellings
This standard establishes a baseline for properties capable of meeting the needs of a person with limited mobility.
Key Requirements Include:
- Step-free access to the main entrance
- Wider doorways and circulation routes
- Entrance-level WC and living accomodation
- Scope for a future through-floor lift
- Strengthened bathroom walls (to support grab rails, seats, etc.)
- Switches, sockets, and controls at accessible heights
M4(3): Wheelchair User Dwellings
This standard represents the highest accessibility standard and contains two legally important subcategories:
M4(3)a: Wheelchair Accessible (ready for immediate occupation) - The property is suitable for immediate client occupancy.
M4(3)b: Wheelchair Adaptable (requires additional work before being usable) - The property requires significant, costed adaptation works before the client can move in.
If a planning condition requires M4(3) standards, the subcategory must be specified. Otherwise, the default is M4(3)b - Adaptable. Navigating the technical requirements for adaptable status and correctly scoping the cost of required works is a key part of our architectural and property finding service.
Key Requirements Include:
- Step-free access throughout the property
- Larger circulation and wheelchair turning spaces in key rooms
- Entrance-level living space, kitchen, and an accessible WC/ shower room
- A fully accessible bedroom with required clearances
- Space for storing and charging mobility equipment
- Accessible parking bat, appropriately sized and lcoated
- Step-free access to private outdoor space
Planning, Legal, and Compliance Context
These accessibility standards originate from the Building Regulations 2010, with the optional categories introduced through the 2015 Housing Standards Review. Their relevance to solicitors lies in the significant compliance and liability risks that rise from imprecise application.
Ambiguity and Enforcement
Although the requirement for M4(2) and M4(3) usually comes from the local planning authority, compliance is ultimately enforced by building control.
- A frequent liability risk arises because planning conditions are not always drafted clearly. They may simply refer to "M4(3)" without specifying whether the dwelling should be "accessible" or "adaptable".
Limitations and Pitfalls
As many local planning authorities apply only the baseline M4(1) standard or require only a small percentage of dwellings to meet M4(2) and M4(3), genuinely wheelchair-user friendly stock remains limited.
Expert advice from specialists such as SDA is therefore essential when identifying properties that can meet these standards or are cost-effective to adapt. Constraints can be particularly acute in older or historic buildings, where achieving full compliance may be technically and financially challenging.
Viability arguments also complicate the process of applying these standards, as M4(2) and M4(3) requirements are often claimed to increase costs.
M4(3)b dwellings, while categorised for wheelchair users, often require further significant and costly adaptations before they can be occupied, making early, expert-led expectation management and cost scoping essential.
Truly Accessible Accommodation
These standards provide a clear structure for assessing whether a property can meet a claimant's long-term functional requirements and whether adaptations are proportionate.
However, in the context of litigation, the High Court has criticised the use of "basic minimal standards" as being misguided and inappropriate when assessing "proper and reasonable accommodation" [James Pankhurst -and- 1. Lee White 2. The Motor Insurers Bureau]. Consequently, our Accommodation Expert Witnesses make a bespoke assessment of the claimant's needs based on their experience of what they know actually works in practice, and tailor their assessments to the person's individual needs, based on the evidence in the case.
For expert guidance on the benefits and risks of applying M4 standards to accommodation claims or to discuss a current client’s property needs
Contact our team today