Ministers have announced plans that new non-domestic buildings in England must have single-sex toilets. Here we explain how the new law would work and what has motivated it.
What will the new law require?
New non-domestic buildings, including restaurants, shopping centres, offices and public toilets, will have to have separate facilities for men and women, although, where there is insufficient space, a self-contained universal toilet – including a washbasin – may be provided instead. Universal toilets can also be provided in addition to single-sex facilities.
What exemptions are there?
The change in building regulations will not apply to residential homes, ensuite facilities in individual rooms for residential purposes, residential rooms in care homes, cells in custodial facilities, premises used wholly or mainly for early years provision, or schools. Separate toilet facilities for boys and girls aged eight years or over must already be provided in schools, except where the toilet is in a room that can be secured from the inside and intended for use by one pupil at a time. Existing buildings will be unaffected.
What motivated the change?
Announcing the plans, the government said it would “halt the march of gender-neutral toilets”. It said a consultation 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. It said particular concerns were raised by women, elderly people and people with disabilities, and that gender-neutral facilities, where users share cubicle and hand-washing facilities, lead to “increasing waiting in shared queues, decreased choice and less privacy and dignity”.
Gender-critical feminists, who believe sex is biological, immutable and should be prioritised over gender identity, have been vociferous campaigners for single-sex spaces, including toilets. The women and equalities minister, Kemi Badenoch, who announced the change in the building regulations, has long been seen as an ally to them.
How will the change in law affect transgender people?
Campaigners argue that some trans, non-binary and gender-diverse people prefer to use gender-neutral toilets because they can face discrimination and harassment in single-sex facilities and the new law does not take account of that.
Under existing law, transgender people can use the toilet that matches their gender identity but, in 2022, the Equality and Human Rights Commission said that, under the Equality Act, people who do not have a gender recognition certificate could be excluded from single-sex services or facilities, including toilets, if it is “a proportionate means of achieving a legitimate aim”.
It gave as an example a community centre with separate male and female toilets, which “conducts a survey in which some service users say that they would not use the centre if the toilets were open to members of the opposite biological sex, for reasons of privacy and dignity or because of their religious belief. It decides to introduce an additional gender-neutral toilet. It puts up signs telling all users that they may use either the toilet for their biological sex or to use the gender neutral toilet if they feel more comfortable doing so.”
