Any building or facility designed and constructed for first occupancy after January 26, 1993 must be fully accessible under the ADA. There is no "readily achievable" exception for new construction — the law requires full compliance with the applicable standards.
This means every element — entrances, hallways, restrooms, parking, elevators, signage, service counters, and more — must meet the accessibility standards from the start.
If a new building was not built accessibly, the owner is in violation of the ADA even if no one has complained. The obligation exists from the day the building opens.
"Discrimination for purposes of this part includes a failure to design and construct facilities for first occupancy after January 26, 1993, that are readily accessible to and usable by individuals with disabilities."
"New construction. New facilities and elements shall comply with these requirements." Applies to all buildings designed and constructed for first occupancy after the effective date.
Which Standards Apply?
The ADA's design requirements have been updated over time. Which standards apply depends on when the design work began:
Before September 15, 2010
Must comply with the 1991 ADA Standards for Accessible Design (ADAAG).
September 15, 2010 – March 14, 2012
Could use either the 1991 Standards or the 2010 ADA Standards (safe harbor period).
March 15, 2012 and after
Must comply with the 2010 ADA Standards for Accessible Design. These are the current standards in effect today.
Alterations: What Triggers Compliance?
When you alter (renovate, remodel, or significantly change) an existing building, the altered portions must be made accessible to the maximum extent feasible.
An "alteration" is any change that affects or could affect the usability of the building. This includes:
"Any alteration to a place of public accommodation or a commercial facility, after January 26, 1992, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities."
§36.402(b) — Alteration Defined
"An alteration is a change to a place of public accommodation or a commercial facility that affects or could affect the usability of the building or facility or any part thereof."
Alteration vs. Maintenance
Not every change to a building counts as an "alteration" under the ADA. Normal maintenance does not trigger the alteration requirements. The key distinction:
Maintenance
Does NOT trigger accessibility requirements
Painting walls, re-roofing, replacing light bulbs, patching holes, replacing broken hardware with the same type, or fixing plumbing leaks.
Alteration
DOES trigger accessibility requirements
Moving walls, installing new flooring, renovating a restroom, reconfiguring a sales area, widening or relocating doorways, or upgrading electrical/plumbing systems in a way that affects usability.
28 CFR §36.402(b)(1)
"Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical and electrical systems are not alterations unless they affect or could affect the usability of the building or facility."
The Path of Travel Rule
This is one of the most important — and most misunderstood — parts of the alteration rules. When you alter a "primary function area" (a space where the main business activity happens), you must also make the path of travel to that area accessible.
The "path of travel" includes:
The route from the entrance to the altered area
Restrooms serving the altered area
Telephones serving the altered area
Drinking fountains serving the altered area
The 20% cap: You are not required to spend more than 20% of the cost of the alteration on making the path of travel accessible. For example, if your renovation costs $100,000, you must spend up to $20,000 on path-of-travel improvements. If the full path of travel costs more than 20%, prioritize the improvements following the DOJ priority order.
Official Standard
28 CFR §36.403(a)
"If a private entity has altered a primary function area of an existing facility, it shall, to the maximum extent feasible, make the alterations in such a manner that the path of travel to the altered area… is readily accessible to and usable by individuals with disabilities."
§36.403(f)(1) — Disproportionate Cost
"Alterations made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area."
What Is a 'Primary Function Area'?
A primary function area is any area where the main activity of a business or facility takes place. Examples:
The dining room of a restaurant
The sales floor of a retail store
The lobby and conference rooms of an office building
The examination rooms of a doctor's office
A classroom in a school
Areas that are not considered primary function areas include: mechanical rooms, boiler rooms, supply closets, employee break rooms, and janitorial closets. Renovating these spaces does not trigger the path of travel obligation.
Historic Facilities
Buildings that are historically significant — listed or eligible for listing on the National Register of Historic Places — receive a limited exception.
They must still comply "to the maximum extent feasible", but if full compliance would threaten or destroy the historic significance of the building, the owner can use alternative methods of access instead.
Examples of alternative methods:
Providing services at an accessible alternative location
Using audio or visual materials to provide information about inaccessible areas
Assigning staff to assist individuals with disabilities
Important Note
This guide provides general information about ADA new construction and alteration requirements. Specific situations — especially involving historic buildings or complex renovations — require individual analysis. For advice about your project, consult an experienced ADA attorney or certified access specialist.
"Alterations to a building or facility that is eligible for listing in the National Register of Historic Places… or is designated as historic under State or local law, shall comply with [the alteration requirements] to the maximum extent feasible. If it is determined… that it is not feasible to provide physical access… in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided."
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