NEARLY 13,000 toilets could have to be revamped at gyms, hospitals and leisure centres across Britain at a cost of millions when new guidance on single-sex spaces shortly comes into force.
The change will also impact more than 5000 changing-rooms, meaning at least 18,000 signs might need to be changed, according to figures obtained by the Press Association.
Public-sector bodies, such as local councils, are estimated to face unadjusted costs for cleaning the new-look facilities totalling £20.6 million, together with £14.2m per year for building work – though these sums could rise even higher.
Thursday marks the end of the 40-day scrutiny period since the updated guidance was laid in Parliament, during which time it could have been rejected.
Parliamentary procedure means it could still be a number of weeks before the code formally comes into force, however.
The code of practice, which covers England, Scotland, and Wales and was published in May, said a service must be used on the basis of biological sex in order for it to be classed as single-sex under the Equality Act, as per the Supreme Court ruling in April 2025.
This means single-sex toilets, changing-rooms, hospital wards and refuges must be used based on a person’s birth sex, not the gender with which they identify.
It has been suggested unisex services such as self-contained lockable cubicles could ensure provision of toilets and changing-rooms for all, with the code noting it would be “very unlikely to be proportionate to put a trans person in a position where there is no service that they are allowed to use”.
The code – updated for the first time in more than a decade – was published by the UK Government eight months after being handed over from the Equality and Human Rights Commission (EHRC) and in the face of criticism for the delay, with the Government insisting it was “taking the time to get this right”.
The updated guidance will affect service providers such as restaurants, leisure centres and hairdressers; public functions such as council services; and associations such as local sports clubs with at least 25 members.
When the code comes into force, a range of organisations are likely to have to make changes to public amenities in order meet their obligations under the 2010 Equality Act.
Trans advocacy groups have criticised the draft code for leaving transgender people in the UK with "less rights". More than 160 MPs have signed a motion in the House of Commons calling for it to be scrapped.
Bridget Phillipson, the UK women’s and equalities minister, ducked the long-awaited Commons debate when it was first introduced, sending a junior minister instead.
A financial impact assessment published alongside the code in May included a central estimate of £703.1m for the total 10-year cost of implementing the required changes, but provided only limited details of how this would be spent.
New data obtained by the Press Association from a Freedom of Information request to the EHRC reveals a fuller breakdown of costs, along with the number of facilities potentially affected.
The impact assessment assumes an estimated 12,895 toilets could be affected by the introduction of the new guidance, along with 5526 changing-rooms and 18,422 signs.
Some 10,563 toilets in privately-run facilities have been counted in the estimates, along with 1154 in the public sector and 1178 in voluntary organisations.
The 5526 changing-rooms cover 4527 in privately-run facilities, 494 in public spaces and 505 in the voluntary sector.
Most of the signs (15,091) also fall into the private category, with 1648 and 1683 in the public and private sectors respectively.
All the costings have been adjusted for what is known as “optimism bias” – the tendency for planners initially to pick the most optimistic levels for a project’s budget and duration.
For example, the central estimate of total spending of £703.1m was first set at £547.7m, before the adjustment was applied.
The unadjusted estimate of cleaning all the revamped facilities is set at £20.6m for the public sector, £21.0m for the voluntary sector and £188.6m for the private sector, totalling £230.2m.
After adjustments, this total rises to £299.2m.
Unadjusted construction costs are estimated as £14.2m for the public sector, £14.9m for the voluntary sector and £133.2m for the private sector, totalling £162.3m.
Following adjustments, this total rises to £211.0m.
Alongside cleaning and construction costs, the £703.1m also covers spending for training staff on the changes to the code as well as organisations having to update their internal policies on who is allowed to use specific toilets and changing-rooms.
The impact assessment stated that estimated costs arise from obligations imposed by the Equality Act, rather than because of the code itself.
When the code was first published, EHRC chair Mary-Ann Stephenson acknowledged there will be a financial impact to some businesses, but suggested that “in a lot of situations the cost is not going to be very high”.
In a PA interview in May, she said: “Most service providers already have male and female toilets, and will also have, for example, a unisex accessible toilet.
“If you’re a small provider, the code gives the example of a small community centre, that might be enough. A larger provider might need to do more.
“Sometimes it’s a case of just thinking about the signage on the door and some very small providers may only have one toilet that’s unisex already, so they won’t need to do anything.”
Some campaigners – including NION (Not In Our Name) Women – who said they represent “the many organisations who believe in practical, trans-inclusive services” have raised concerns about the code.
In an open letter, they said: “We reject the false choice between protecting women and treating trans people with dignity, and believe women’s rights are best advanced when we stand in solidarity with our trans siblings.”
For Women Scotland (FWS), who claimed victory in the Supreme Court ruling last year, hailed the publication of the guidance in May as a “significant milestone in ensuring women’s rights are upheld and protected”.
A FWS spokesperson this week said: “It’s important to remember that the code does not represent a change in the law, just practical help for implementing it.
“If businesses have been complying with the law, there shouldn’t be a need for major changes.”
A UK Government spokesperson said: “Many businesses will already be largely compliant with the code so there will be no cost at all. For those that do need to make changes, these are likely to be small, such as changing signs on existing facilities.
“This is about giving organisations the guidance they need, not changing the law or creating new rules.
“The draft code is clear that a provider’s size and the facilities they have available will be factors in how they follow the law.”
