From August 5, 2026, a new UK rule will require single-sex toilets, changing rooms, hospital wards, and refuges to be used based on a person's birth sex, not their gender identity. This change could affect up to 18,000 facilities, including 13,000 toilets and more than 5,000 changing rooms, which may need to be revamped to comply.
What the New Guidance Says
The Equality and Human Rights Commission (EHRC) has issued new guidance on single-sex spaces, which takes effect on August 5. The guidance clarifies that service providers must designate single-sex facilities based on biological sex. However, it also suggests that unisex services, such as self-contained lockable cubicles, can ensure provision for all users. The code notes that 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.”
Impact on Businesses and Providers
EHRC chairwoman Mary-Ann Stephenson 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.”
A Labour Party government spokesperson added: “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.”
Reactions from Campaign Groups
Some campaigners, including NION (Not In Our Name) Women, 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) commented: “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.”
The draft code emphasises that a provider’s size and existing facilities will determine how they follow the law. The guidance aims to balance the rights of all users while ensuring clarity for service providers.
