Legal Aspects on Cultural Values and Energy Efficiency in the Built Environment—A Sustainable Balance of Public Interests?

Abstract

Improved energy efficiency and increased use of renewables within the building stock is crucial to ensure the achievement of international and national climate goals, such as bringing about a carbon neutral society. The existing buildings needs to be retrofitted and heated by renewable energy sources. However, this may lead to conflicts with other sustainability goals, such as the preservation of cultural heritage values within the built environment. The design of the legal system can be assumed to have a decisive role in well-developed Rechtsstaats in how these conflicts are handled. One important criterion for the achievement of overall sustainability objectives is that the legal system as a whole is coherent and without deficits, loopholes, and conflicts contradicting goal fulfilment. Moreover, the norms must be effectively applied and complied with. This article presents and elaborates on deficits in the legal system and its application, in particular within the land use planning and building legislation and the heritage protection law, in handling the conflicts between reaching energy goals while preserving heritage values and achieving a sustainable development. The important deficits identified include the lack of legal requirements on the adoption of holistic approaches and the assurance of adequate knowledge in the planning and building processes. The analyses have been carried out through interdisciplinary cooperation within the research project Law, Sustainable Energy Use and Protection of Heritage (RECO), funded by the Swedish Energy Agency.

Keywords

• legal system
• conflict of public interests
• energy efficiency
• cultural heritage
• cultural values
• preservation