New statutory guidance was came into effect on Wednesday, August 5.

16:47, Wed, Aug 5, 2026 Updated: 16:53, Wed, Aug 5, 2026

Series of images of different spaces within an old office block

Stock image of a gents toilet sign. (Image: Getty)

New statutory guidance on the use of toilets and changing rooms as single-sex spaces came into force today, with analysis suggesting almost 13,000 toilets across Britain will have to be revamped to comply. The updated code that starts today (Wednesday, August 5) was issued by the Equality and Human Rights Commission (EHRC) and comes almost a year-and-a-half after the landmark Supreme Court ruling on biological sex.

It confirmed that a service must be used on the basis of biological sex to be classed as single-sex under the Equality Act, as per the ruling by the Supreme Court. This means single-sex toilets, changing rooms, hospital wards and refuges have to be used based on a person’s birth sex, and not by the gender with which they identify.

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It has been suggested that unisex services, like self-contained lockable cubicles, could ensure that there is 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”.

EHRC Guidance On Single-sex Spaces Enforced From Today

The statutory guidance came into effect on Wednesday, August 5 (illustrative image) (Image: Getty)

Described as giving “up-to-date examples of how the Equality Act applies to everyday situations”, it will be something that can be relied on in court if there are legal challenges, which Equalities Minister Bridget Phillipson previously suggested is expected “because this is a very contested space”.

While Britain’s equalities and human rights watchdog has stressed that its updated code of practice does not make new law or create new legal obligations, it provides services such as cafes and leisure centres with legally accurate, impartial and up-to-date guidance on existing law.

The code, which covers England, Scotland and Wales, also provides clarity on how the law is applied in practice, meaning many establishments yet to comply with the existing laws may need to change their facilities as a result.

Some campaigners had hailed the the April 2025 Supreme Court ruling as a victory that confirmed “women are women and men are men” – although others called it “incredibly worrying for the trans community”.

When the code was published in draft form in May – having been updated for the first time in more than a decade – EHRC chair Mary-Ann Stephenson described it as a “major milestone”.

The Press Association says its 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 as a result of the guidance.

At least 18,000 signs might also need to be changed, according to figures obtained by the news agency via a Freedom of Information (FOI) request to the EHRC earlier this year.

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, as per PA.

The EHRC said: “We have been clear that service providers, associations and public functions should not wait for the code of practice to be published to make any changes needed to comply with the law. As duty-bearers they must assure themselves of their legal responsibilities in their own specific circumstances and seek independent legal advice where necessary.”

In the face of previous criticism for the delay in publishing the code, the Government had repeatedly stressed it was “taking the time to get this right” and has suggested many firms "will already be largely compliant with the code so there will be no cost at all”.

The updated guidance affects a range of service providers, such as restaurants, leisure centres and hairdressers; public functions such as council services; and associations, like local sports clubs with at least 25 members.

Ms Phillipson, who lost her previous post as Education Secretary as part of a reshuffle by the new PM Andy Burnham but retained her equalities role, appeared before the Women and Equalities committee in June.

At the time, said it is her expectation that “because this is a very contested space, there will continue to be further debate, challenge, scrutiny, legal challenge”.

“That would be the case, whatever the draft code said,” she told MPs.

Asked about whether she was concerned about the financial and more general impact of legal challenges and “lawfare” on organisations, she said she understands some, particularly smaller ones without access to big budgets, might find this area “difficult”.

However, Ms Phillipson said she believes the code “provides for what is needed across the protected characteristics”.

Former home secretary Suella Braverman, who is now Reform UK’s equalities spokeswoman, said ministers had been “dragged kicking and screaming into adopting simple common sense and protecting women’s-only spaces”.

"The Government and EHRC now have no excuse in not enforcing and upholding the law," she added.

“That means getting tough with civil servants and public sector bodies who continue to buy into nonsensical woke definitions of gender and threaten the rights and privacy of British women and girls.”