Singe-sex spaces code on toilets and changing rooms to come into force

Aine Fox, Press Association Social Affairs Correspondent

Guidance on use of toilets and changing rooms as single-sex spaces will come into force under law on August 5.

The code, updated by Britain’s watchdog, comes into effect more than a year after a Supreme Court ruling hailed by campaigners as a victory confirming “women are women and men are men” – although others called it “incredibly worrying for the trans community”.

The code of practice, which covers England, Scotland and Wales and was published in draft form in May, confirmed 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 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”.

Press Association analysis suggests nearly 13,000 toilets and more than 5,000 changing-rooms could have to be revamped at gyms, hospitals and leisure centres across Britain at a cost of millions when the new guidance comes into force.

At least 18,000 signs might also need to be changed, according to figures obtained by PA.

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 £14.2 million per year for building work – though these sums could rise even higher.

The code – updated for the first time in more than a decade – was published by the 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.

For Women Scotland (FWS), who were behind the Supreme Court case, have previously 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.”

But a spokesperson for the Trans+ Solidarity Alliance described the guidance as “unworkable” and said it could “lead to widespread harm for trans people and those who don’t conform to gender stereotypes, and put businesses and charities in the crossfire of endless litigation”.

A Government spokesperson previously said the statutory guidance is “about giving organisations the guidance they need, not changing the law or creating new rules” and suggested “many businesses will already be largely compliant with the code so there will be no cost at all”.