New Building Requirements For Separate Male And Female Toilets In England - Will Scotland Do The Same

13th August 2023

Scotland seems to be getting deeper in the mire from anything to do with gender. At a time of huge cost of living stresses should our politicians be spending so much time on how we spend a penny. Doing things differently in Scotland and Wales may seem ok on paper but there seems to be increasingly more and more impractical positions on all sides.

In December, lawmakers in the devolved Scottish Parliament voted to pass the Gender Recognition Bill, by 86 votes to 39, despite valiant opposition from feminists and other human rights campaigners.

The bill effectively proposed a system of "self-identification" or "declaration" for trans people, which would replace current legislation requiring a trans person, over the age of 18, to "prove" that they have "lived in their acquired gender" for two years and produce two medical reports - including one signed by a medical practitioner from a list of appropriately qualified and experienced medics - to legally change their gender.

If it was not blocked by Westminster, the new bill would have allowed any person over the age of 16, born or living in Scotland, to change their sex in law, within a period as short as six months and without any need for an official diagnosis of gender dysphoria.

And Now
New building requirements for separate male and female toilets
Government confirms measures to reverse the rise of gender-neutral toilets as part of wider efforts to protect single sex spaces.

Government accelerates plans for separate male and female toilets in new non-domestic private and public buildings;
Builds upon action to protect and enhance single sex spaces;
Changes will also encourage the provision of self-contained, private toilets to ensure there are appropriate facilities for all.
The Government has announced today it is acting to bring forward changes to regulations that will mean all new non-domestic public and private buildings will be required to provide separate single-sex toilets for women and men and/or a self-contained, private toilet as a minimum.

The change comes amid dignity and privacy concerns from women and elderly people who feel they are being unfairly disadvantaged as publicly accessible toilets are increasingly being converted into gender neutral facilities.

Concerns over the rise of neutral gender facilities has meant that public have been forced to share cubicle and hand-washing facilities, leading to increasing waiting in shared queues, decreased choice and a limitation on privacy and dignity for all.

New regulations and guidance will mean women, who may need to use facilities more often because of pregnancy or sanitary needs, will now be guaranteed appropriate facilities either through a separate single-sex space or through a self-contained, private toilet.

The action taken today builds upon the Government's commitment and wider approach to the protection of single sex spaces.

In addition to single sex toilets becoming the default and minimum for new non-residential buildings and places undertaking major refurbishment, the guidelines will encourage the consideration of self-contained toilets, which are a fully enclosed toilet room with a wash hand basin for individual use.

This new approach will help to maximise privacy and dignity for of all, which will be explicit in the guidance.

A new short technical consultation to shape the changes will open tomorrow.

Kemi Badenoch, Minister for Women and Equalities, said:

“It is important that everybody has privacy and dignity when using public facilities. Yet the move towards ‘gender neutral’ toilets has removed this fundamental right for women and girls.

“These proposals will ensure every new building in England is required to provide separate male and female or unisex facilities, and publish guidance to explain the difference, protecting the dignity, privacy and safety of all.”

Parliamentary Under-Secretary of State for Faith & Communities, Baroness Scott, said:

“It is extremely important women can feel comfortable when using public facilities, so we are taking action to restore dignity and privacy at the centre of all future provision.

“These proposals will mean separate toilets for men and women, as well as self-contained toilets for those that need them, become a requirement for every new building across England.”

A previous call for evidence on increasing the accessibility of toilets for men and women gathered over 17,000 responses and represented a full range of views - generally calling for greater consideration in the range of toilets to preserve dignity, access, equality, and privacy for all.

The changes will be made through building regulations and guidance. The aim of the new requirements will ensure that:

Separate single-sex toilets facilities are provided for men and women; and/or
Self-contained, private toilets are provided where space allows to ensure privacy and safety;
Mixed sex shared facilities are not an option, except when lack of space allows only a single toilet
Changing the rules for single sex and/or universal toilets to be required would have positive equality outcomes for those who may not currently feel safe while using toilet facilities.

Further information

The aim of the proposed new requirement is to ensure that:

Separate single-sex toilets facilities are provided for men and women; and/or

Self-contained, private toilets are provided where space allows to ensure privacy and safety

The requirement will apply to all toilets which form part of or serve the new building, with some exceptions. It will not apply to: ensuite facilities in individual rooms for residential purposes and care homes.

While separate toilet facilities for boys and girls aged 8 years or over must already be provided in Schools, except where the toilet facility is provided in a room that can be secured from the inside and that is intended for use by one pupil at a time – the consultation will reinforce the principle.

Any changes will affect England only.

The impact of the requirement on new buildings will be minimal as the regulations will result in limited, if any, increase in space provision compared to current practice.

This proposed policy will have a positive impact for many people. It may reduce queues for disabled people’s toilets – which may, in cases, be the only non-gendered toilets available – and enhance the privacy of women and transgender people, who may be fearful of being verbally or physically assaulted while using toilet facilities.

In the consultation document and accompanying documents, the phrase universal toilets is used. This refers to self-contained, private toilets, which are a fully enclosed toilet room with a wash hand basin for individual use.