You found the location. The rent works. The foot traffic looks good. The landlord is ready to sign. But before you open the doors, there is another question every California retail tenant should be asking: Is this space actually accessible—and who is responsible if it isn't?

For many small business owners, accessibility requirements don't become a priority until they are planning a tenant improvement, applying for a permit, receiving a customer complaint, or facing an accessibility claim. By then, what could have been addressed during lease negotiations may have become a much more complicated and expensive issue. That's where California's Certified Access Specialist (CASp) program can become an important part of a tenant's due diligence and risk-management strategy.

What Is a CASp?

A Certified Access Specialist, commonly referred to as a CASp, is a professional who has been certified by the State of California based on specialized knowledge of state and federal construction-related accessibility standards. A CASp evaluates the physical accessibility of a business or commercial property and identifies conditions that may not comply with applicable accessibility requirements.

A CASp inspection can examine accessible parking and access aisles, routes from the public way and parking areas to the business, entrances, doors and hardware, sales and service counters, restrooms, signage, ramps, changes in elevation, and interior accessible routes. For a retail tenant, these aren't simply technical building-code issues. They are physical conditions associated with the location where you operate your business and serve your customers.

Why Should a Retail Tenant Care?

One of the biggest misconceptions surrounding accessibility is that it is automatically the landlord's responsibility because the landlord owns the building. The reality can be more complicated. A commercial lease may allocate responsibility for accessibility improvements between the landlord and tenant, but the language in a lease does not necessarily eliminate potential accessibility obligations or exposure.

This is why accessibility should be part of the conversation before signing a lease, renewing an existing lease, or investing significant money in tenant improvements. Imagine signing a five-year lease and investing substantial money into a new store only to discover accessibility problems involving the entrance, parking, restroom, service counter, or accessible route. At that point, the question isn't simply whether something needs to be corrected. The next question may be: Who is going to pay for it? That is a much better conversation to have while the lease is still being negotiated.

Not Every Accessibility Review Is the Same

Business owners should also understand that not every accessibility inspection carries the same significance under California law. Architects, engineers, contractors, consultants, and other professionals may have experience identifying accessibility issues. California, however, established the Certified Access Specialist program specifically to provide qualified professionals with specialized knowledge regarding construction-related accessibility standards.

There is also an important distinction between a general accessibility review and an inspection performed by a CASp in accordance with California's Construction-Related Accessibility Standards Compliance Act, commonly referred to as CRASCA. A CRASCA-compliant CASp inspection has specific inspection, reporting, and documentation requirements and may provide certain legal and procedural benefits when all applicable statutory requirements are satisfied.

What Is the CASp Advantage?

One of the most valuable aspects of a CASp inspection is simply knowing what you are dealing with. Most small business owners aren't accessibility experts, nor should they be expected to recognize whether the slope of an accessible parking space is excessive, whether a door provides sufficient clear width, whether restroom clearances are adequate, or whether a sales counter meets applicable accessibility requirements.

A CASp inspection provides an opportunity to identify these conditions proactively. Instead of waiting for a complaint or discovering accessibility problems during a remodel, the business owner can understand existing barriers, determine what may need to be corrected, prioritize improvements, and develop a reasonable plan for addressing them.

When a qualifying CASp inspection is performed in accordance with CRASCA and the applicable statutory requirements are satisfied, it may also provide the business or property owner with "qualified defendant" status and certain procedural protections if a construction-related accessibility claim is later filed. A CASp inspection does not prevent someone from filing a lawsuit, and it should never be presented as guaranteeing that a business will not face a claim. Its value comes from proactive identification, documentation, planning, and the specific protections California law makes available under qualifying circumstances.

A CASp Certificate Does Not Mean "Everything Is Compliant"

Another important point for business owners is understanding what the CASp Disability Access Inspection Certificate actually represents. The certificate demonstrates that the property has undergone an inspection by a Certified Access Specialist. It should not be interpreted as a blanket certification that every element of the property complies with all applicable accessibility requirements.

That distinction is important because a CASp inspection may identify barriers that still need to be corrected. In fact, identifying those conditions is one of the primary reasons to have the inspection performed. The inspection gives the business and property owner information they can use to develop a strategy for bringing identified conditions into compliance.

The Best Time to Find an Accessibility Problem

For a prospective retail tenant, one of the best times to evaluate accessibility is before signing the lease. At that point, the tenant still has an opportunity to understand the condition of the property and potentially negotiate responsibility for necessary improvements.

If a CASp inspection identifies significant accessibility work before the lease is executed, the landlord and tenant may be able to determine who will perform the improvements, who will pay for them, whether certain work must be completed before occupancy, and how responsibility for future accessibility improvements will be allocated. Accessibility can then become part of the same due-diligence discussion as rent, common-area expenses, tenant-improvement allowances, insurance, maintenance obligations, and other important lease provisions.

Once the lease has been signed, the tenant has invested heavily in improvements, and the business is operating, the tenant's negotiating position may be very different. For businesses already operating in a location, however, it is certainly not too late. A proactive CASp inspection can still help identify existing barriers and establish a roadmap for addressing them.

Tenant Improvements Can Change the Conversation

Accessibility also becomes particularly important when a tenant plans to remodel or modify a commercial space. Business owners sometimes assume that because they are only making relatively minor improvements inside their suite, accessibility conditions elsewhere on the property will not be affected. Depending on the scope of the project and applicable requirements, alterations can create accessibility obligations involving the path of travel serving the altered area.

That can potentially involve features beyond the immediate construction area, including entrances, accessible routes, parking, restrooms, drinking fountains, signage, and other elements. Understanding these requirements during the planning and budgeting stage can help prevent an accessibility obligation from becoming an unexpected project expense after plans have already been developed or construction has begun.

What Should You Ask Before Signing a Commercial Lease?

Before signing or renewing a commercial lease, retail tenants should have a conversation about accessibility just as they would about rent, maintenance, insurance, utilities, or tenant improvements. Ask whether the property has previously received a CASp inspection and, if so, request information regarding the inspection and any identified accessibility issues.

Tenants should also carefully understand what the lease says about responsibility for accessibility improvements. If improvements are required now or become necessary in the future, determine whether the landlord, tenant, or both may be responsible for completing and paying for the work. Depending on the property and the nature of the business, obtaining a CRASCA-compliant CASp inspection before making a long-term commitment to the location may also be worth considering.

Accessibility Is Part of Good Business Planning

Accessibility compliance isn't simply about measurements, building codes, or avoiding lawsuits. At its core, accessibility is about ensuring that customers with disabilities can access and use your business.

For California retail tenants, understanding accessibility conditions can also be an important part of evaluating the overall risk and cost associated with a commercial property. A CASp inspection can function as another form of due diligence—just like reviewing the lease, evaluating operating expenses, confirming zoning, examining parking, understanding insurance requirements, and calculating tenant-improvement costs.

Before investing significant money into a commercial location, understand the accessibility condition of the property and understand what your lease says about responsibility for correcting accessibility issues.

The best time to discover an accessibility problem is before it becomes an expensive surprise.

About the Author

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 and property owners throughout Southern California.

This article is intended for general educational purposes and is not legal advice. Business owners and tenants should consult qualified legal counsel regarding lease obligations, accessibility liability, and their individual circumstances.