A client finds the right commercial property. The location works. The economics make sense. The lease terms are coming together, or the purchase is moving toward closing. But there is another condition of the property that can have significant implications for both owners and tenants: accessibility.
For commercial real estate professionals in California, accessibility does not require becoming an expert in the Americans with Disabilities Act or the California Building Code. It does, however, mean recognizing when accessibility should become part of the due-diligence conversation. A Certified Access Specialist (CASp) inspection can help buyers, property owners, landlords, and prospective tenants better understand the accessibility condition of a property before they make significant financial commitments.
What Is a CASp?
A Certified Access Specialist, commonly referred to as a CASp, is a professional certified by the State of California based on specialized knowledge of state and federal construction-related accessibility standards. A CASp can evaluate a commercial property and identify physical conditions that may not comply with applicable accessibility requirements.
Depending on the property, an inspection may include accessible parking and access aisles, routes from the public way and parking areas, entrances, doors and hardware, ramps, restrooms, sales and service counters, signage, interior accessible routes, and other accessibility features. These conditions can affect the cost and suitability of a commercial property and may become particularly important when a new owner or tenant plans alterations.
Why Should a Commercial Realtor Care?
Commercial real estate professionals routinely help clients identify risks associated with a property. Accessibility can be another piece of that due-diligence puzzle.
Consider a tenant who is preparing to sign a long-term lease and invest substantial money in improvements. If significant accessibility barriers are discovered after the lease has been executed, the tenant and landlord may suddenly face questions about the scope of required improvements, cost, responsibility for completing the work, and what the lease actually says about accessibility.
The same principle applies to a purchaser acquiring an existing commercial property. The appearance of a building does not necessarily reveal its accessibility condition. An entrance may look accessible, a parking space may be marked with the appropriate symbol, and a restroom may have grab bars, but that does not necessarily mean those elements comply with applicable accessibility standards.
The realtor does not need to determine compliance. The value is recognizing when a qualified accessibility professional should be brought into the conversation.
Accessibility Can Affect the Economics of the Deal
Commercial real estate transactions involve far more than purchase price or monthly rent. Clients evaluate operating expenses, maintenance obligations, insurance, tenant-improvement allowances, parking, zoning, utilities, and the condition of building systems. Accessibility can have financial implications as well.
If an accessibility assessment identifies conditions requiring correction, that information may affect improvement budgets, construction schedules, lease negotiations, or decisions about whether a particular property is suitable for the client's intended use.
Discovering these conditions before a transaction is completed gives the parties an opportunity to discuss them. Depending on the transaction and advice from the appropriate professionals, the parties may be able to address responsibility for improvements, determine whether work should occur before occupancy, or account for anticipated accessibility work as part of the overall transaction.
The important point for the real estate professional is not deciding who is legally responsible. It is helping ensure that the issue isn't overlooked.
The Lease Doesn't Necessarily Tell the Whole Story
Commercial leases commonly allocate responsibilities between landlords and tenants, including maintenance, repairs, improvements, and compliance with applicable laws. Accessibility responsibilities may also be addressed in the lease.
But assigning responsibility through a contract and determining obligations under accessibility laws are not necessarily the same thing. A lease provision may determine which party has agreed to perform or pay for certain work, while state and federal accessibility requirements may involve additional considerations.
For that reason, commercial real estate professionals should be careful about telling a client that accessibility is simply "the landlord's responsibility" or "the tenant's responsibility." Questions about legal liability and interpretation of lease provisions should be directed to qualified legal counsel.
A realtor can still raise an extremely valuable question:
"Have we determined the accessibility condition of the property and who is responsible for addressing any issues that are identified?"
Not Every Accessibility Review Is a CASp Inspection
Clients may assume that an architect, contractor, property inspector, or other professional has already evaluated accessibility. Those professionals may have valuable expertise, but California's Certified Access Specialist program serves a specific purpose.
A CASp inspection performed in accordance with California's Construction-Related Accessibility Standards Compliance Act (CRASCA) has specific inspection, reporting, and documentation requirements. When the applicable statutory requirements are satisfied, a qualifying inspection may also provide certain legal and procedural benefits that are not automatically created by a general property or accessibility inspection.
This distinction can be important when a commercial realtor is discussing due-diligence options with a buyer, landlord, or prospective tenant.
What Is the CASp Advantage?
For a real estate transaction, one of the greatest benefits of a CASp inspection is information. Rather than discovering accessibility barriers after the transaction, a client can better understand the physical condition of the property before making significant decisions.
A CASp inspection can identify existing accessibility barriers and provide information that can be used to develop a strategy for addressing them. When a qualifying CASp inspection is conducted in accordance with CRASCA and applicable statutory requirements are satisfied, it may also provide a property owner or business with "qualified defendant" status and certain procedural protections if a construction-related accessibility claim is later filed.
A CASp inspection should not be presented as lawsuit prevention or a guarantee against future claims. Its value is in professional evaluation, documentation, proactive planning, and the specific protections that California law may provide under qualifying circumstances.
A CASp Certificate Is Not a Certificate of Compliance
This is another important distinction for real estate professionals. A CASp Disability Access Inspection Certificate indicates that the property has undergone a CASp inspection. It does not necessarily mean that every accessibility feature at the property complies with all applicable requirements.
A CASp inspection may identify barriers that still require correction. That is not a failure of the inspection—it is one of the reasons the inspection is valuable. The owner or business receives information about the property's accessibility condition and can develop a plan for addressing identified issues.
Therefore, seeing a CASp certificate at a property should lead to another question: What did the CASp inspection report identify?
Tenant Improvements Can Trigger Additional Considerations
The condition of the existing property is only part of the conversation. Accessibility can become particularly important when a new tenant intends to remodel a commercial space.
Alterations can create accessibility obligations involving the path of travel serving the altered area, depending on the project and applicable requirements. That can potentially bring entrances, accessible routes, parking, restrooms, drinking fountains, signage, and other features into the project discussion even when they are outside the immediate area being remodeled.
For a tenant who has carefully budgeted for a build-out, unexpected accessibility work can affect both cost and schedule. Identifying potential issues earlier gives the tenant, landlord, design professionals, and contractor an opportunity to account for them during planning instead of discovering them after plans have been developed or construction has started.
The Best Time to Ask About Accessibility
For many commercial transactions, the best time to ask accessibility questions is during due diligence—before the lease is signed or the property is purchased.
A commercial realtor does not need to inspect door clearances, measure parking slopes, determine restroom compliance, or interpret accessibility regulations. Those responsibilities belong with qualified professionals.
The realtor can, however, help clients recognize accessibility as an issue worth investigating. Asking whether the property has previously undergone a CASp inspection, whether an inspection report is available, whether identified corrections remain outstanding, and whether a new CASp inspection should be considered can add another layer of informed due diligence to the transaction.
CASp as Part of the Commercial Real Estate Team
Successful commercial transactions often involve a team of specialists. Depending on the deal, that might include attorneys, architects, engineers, contractors, lenders, environmental consultants, property inspectors, insurance professionals, and accountants.
A CASp can be another specialized resource.
Just as a commercial realtor wouldn't be expected to perform an environmental assessment or structural engineering evaluation, the realtor doesn't need to become an accessibility expert. The professional value comes from recognizing when an issue falls outside the realtor's expertise and connecting the client with the appropriate resource.
That can be particularly valuable when representing a client who is preparing to make a substantial investment in a property or enter into a long-term commercial lease.
One More Question Before the Deal
Accessibility doesn't need to complicate every commercial real estate transaction. But it shouldn't be ignored either.
Before a client purchases a commercial property, signs a long-term lease, or invests heavily in tenant improvements, consider adding one more question to the due-diligence conversation:
"Do we understand the accessibility condition of this property?"
If the answer is no, a Certified Access Specialist can help provide that information.
For commercial real estate professionals, understanding CASp isn't about becoming an accessibility expert. It's about recognizing another potential property risk, knowing when to bring in the appropriate professional, and helping clients make better-informed decisions before the transaction is complete.
The best time to identify an accessibility issue is while your client still has options.
Jason Pasiut is a California Certified Access Specialist (CASp) and founder of Sandac LLC – Solutions Advisory Network, Disabled Access Compliance Division. He has more than 25 years of experience in building code administration, plan review, inspection, permitting, and building department operations. Sandac LLC is a disabled veteran-owned business providing accessibility consulting and CASp inspection services to businesses, property owners, and commercial real estate professionals throughout Southern California.
This article is intended for general educational purposes and is not legal advice. Real estate professionals and their clients should consult qualified legal counsel and other appropriate professionals regarding lease obligations, accessibility requirements, liability, and individual transactions.
