Minister Max Hahn at the press conference; Credit: MFAMIGR

On Wednesday 23 August 2023, Luxembourg's Minister of Family and Integration, Max Hahn, presented the measures that have come into force with the law on the accessibility of places open to the public, at a press conference.

“We encourage the actors concerned, businesses, the Horeca sector, companies, municipalities and liberal professions to respect and implement the new obligations imposed by law in order to create inclusive places for all. These actors can count on the help and support of the state to make places open to the public accessible. The law not only provides for financial support from the State, applications can also be submitted easily via the Guichet.lu digital platform,” Minister Hahn stressed during the presentation.

People directly affected by the accessibility law, some of whom had already taken part in the awareness campaign “Wat ass normal?” launched in April 2022, were also present at the press conference in order to highlight the impact of the said law on the daily life of a person with a disability.

The law of 7 January 2022 on accessibility to all places open to the public, public roads and collective residential buildings was voted on 2 December 2021 in the Chamber of Deputies and entered into force on 1 July 2023.

The objective of the law is to make places open to the public accessible so that everyone can benefit from the services offered there. “I invite the actors concerned not to wait and to comply as quickly as possible with these new obligations. In this way, the law could not only benefit people with disabilities but also companies in the construction sector currently looking for new projects,” said the minister. "By place open to the public, we mean among others: hospitals, hotels, restaurants, banks, schools, places of worship, public car parks, shops, libraries, cinemas, stations, bus stops, public parks, playgrounds, and also the buildings where liberal professions provide their services".

Since 1 July 2023, new constructions must comply with the requirements of the new law. The bringing into conformity of an existing asset must, for its part, be carried out until 1 January 2032 at the latest. Penal sanctions are provided for in the event of non-compliance with the law. Existing collective residential buildings are not affected by accessibility.

Certificates and financial aid

A certificate of conformity of the plans must be attached to a building permit to guarantee the accessibility of the site. These certificates are issued via MyGuichet.lu by technical accessibility inspectors (architects or building professionals approved by the ministry), who have taken additional training in the field of accessibility for all.

The law also provides financial assistance for people who bring existing property into compliance. The aid corresponds to 50% of the cost of works, studies, advice and expertise and is capped at €24,000 excluding VAT. It can be requested until 1 July 2028 and the works, studies, advice and expertise must be completed by 1 July 2031 at the latest.

Solutions and waivers

Exemptions may be granted for existing places open to the public whose accessibility represents a technical impossibility or a disproportionate burden, as well as for sites and monuments inscribed on the list of cultural and historical heritage.

The implementation of accessibility requirements for any public place can also be guaranteed using solutions of equivalent effect. The operator may propose a solution other than that provided for by law as long as the latter also guarantees the accessibility of a place.

Finally, a person with a particularly severe or specific disability who is unable to access a place open to the public although the accessibility requirements are respected within the meaning of the law, has the right to request reasonable accommodation. Financial assistance may also be granted to the person carrying out the reasonable accommodation work.

Digital requests for citizens and businesses

Applications for financial aid, derogation, solution having equivalent effect and reasonable accommodation can be made on the MyGuichet.lu platform.

Requests for derogation, solutions having equivalent effect and reasonable accommodation are sent to the Accessibility Advisory Board for its opinion. The minister makes his decision after consulting the council.

For citizens, the explanatory texts concerning accessibility are available at https://guichet.public.lu/fr/citoyens/citoyennete/accessibilite/mesure-accessibilite.html

For companies, the explanatory texts concerning accessibility are available at https://guichet.public.lu/fr/entreprises/urbanisme-environnement/construction-amenagement-site/accessibilite/mesure-accessibilite.html