New guidance from the UK's Equalities and Human Rights Commission (EHRC), approved by ministers, has confirmed that single-sex spaces, including toilets and changing rooms, must be used on the basis of biological sex.

This clarification means that transgender women, who are biologically male but identify as female, should not use facilities designated for women. The guidance, published on Thursday, follows a Supreme Court ruling last year that affirmed the definition of 'woman' under the Equality Act should be based on biological sex.

The code of practice, which is over 300 pages long, outlines how organizations and businesses open to the public should manage their facilities. It suggests that transgender individuals should instead be offered access to gender-neutral facilities or a third designated space. The EHRC stated that denying a trans person access to any services or facilities would likely be disproportionate and could constitute discrimination.

This new guidance is expected to impact a wide range of public settings, from shopping centers and gyms to hospitals and restaurants. Women and Equalities Minister Bridget Phillipson emphasized the aim is to enable individuals to live free from discrimination and harassment, stating the guidance provides clarity on implementing the law.

Recommendations within the guidance include the provision of self-contained, lockable gender-neutral toilets and changing rooms with floor-to-ceiling walls and wash basins. The EHRC indicated that these requirements might not be overly burdensome, suggesting services could allow disabled toilets to be used by transgender individuals if necessary. For establishments with only two existing toilets, the guidance proposes they could be converted into unisex facilities.

The guidance was initially sent to the government in September 2025 and has undergone ministerial review. It will now be presented to Parliament, where MPs and peers have a 40-day period to raise any objections. If no significant concerns are raised, the guidance will become legally binding, or statutory.

This development comes after a period of deliberation, with the EHRC noting that the government's examination of the document took longer than the anticipated six weeks. The aim of the code of practice is to provide clear direction on how to organize facilities in a way that respects both sex-based rights and the rights of transgender individuals.

Further details on the practical implementation and potential challenges for service providers are expected as the guidance moves towards becoming statutory. The EHRC aims to ensure legal compliance while addressing the complexities surrounding sex and gender identity in public spaces.