Regulating sustainable construction in Europe

• Author: Jeroen van der Heijden
• Position: Australian National University, Canberra, Australia and University of Amsterdam, Amsterdam, The Netherlands

1 Introduction

The construction industry and the buildings it produces have a major negative impact on our ecological environment. In the European Union (EU), buildings account for roughly 40 per cent of all energy consumption and about 35 per cent of all greenhouse gases ( EC, 2007 ). Battling climate change and having the targets of the Kyoto Protocol in mind, the European Commission (EC) has introduced and implemented a range of policies and programmes to improve the environmental performance of its construction sector and its built environment (for an overview, see WGBC, 2011 ). The most far-reaching attempts to do so are a range of directives aimed at harmonising the construction regulatory frameworks in EU member states. Such harmonisation serves a dual goal: on the one hand it decreases current barriers to free trade of goods and services among EU member states (an economic goal); on the other hand it provides the EC the opportunity to address societal risks such as climate change on a European level (a social goal).

The best-known EC attempt to harmonise its member states' sustainable construction regulatory frameworks is the Energy Performance of Buildings Directive (EPBD). This directive was issued in 2002 and recast in 2010. The original directive requires, among others, that member states set minimum energy performance requirements for residential and commercial buildings – that is, for new construction work and for major renovations. Further, the 2010 recast requires, among others, that member states ensure “nearly zero energy buildings” by the end of 2020; provide fiscal and financial incentives to encourage sustainable construction that complies with higher energy levels than regulated; and, require that energy performance certificates must be provided in all buildings and be displayed in public ( EC, 2010a ). Other illustrative directives are the Energy End-use Efficiency and Energy Services Directive, which requires member states to draw up national action plans to achieve 1 per cent annual energy savings over nine years starting in 2008 ( EC, 2006 ), and the Waste Framework Directive, which obliges member states to meet a 70 per cent recycling target for construction and demolition waste by 2020 ( EC, 2008 ). It is through the transposition of these directives in the member states' national construction regulatory systems that these directives come into effect.

This paper addresses the degree of homogeneity in the sustainable construction regulatory frameworks of EU member states. It asks to what extent a range of topics related to sustainable construction are addressed in these frameworks of member states. Further, it queries how the EC may achieve further homogeneity in these frameworks and increased attention for sustainable construction among member states. The paper is based on an in-depth study of the sustainable construction regulations of EU member states carried out in 2010.

The paper is structured as follows. We start with presenting the research approach and definitions used. Then we set out the research findings. Finally, we discuss the potential causes of these findings, and present alternative strategies to harmonisation that may improve homogeneity among European sustainable construction regulation.

2 Research approach and definitions

The research presented is based on an EC-commissioned study (project number: ENTR/09/006). This study aimed to screen national construction regulations in the field of sustainable construction in order to provide a broad view of current regulation of sustainable construction in Europe and to provide recommendations to the EC on how to improve sustainable construction throughout Europe ( Vermande and Van der Heijden, 2011 ). The study was undertaken between January and November 2010.

2. 1 Concepts and definitions: regulation, construction regulations, sustainable construction

When comparing policy instruments, such as construction regulations, across a range of EU member states one immediately finds that different terms and concepts are used in the different countries. In some countries the term “construction regulations” refers to the technical regulations that apply to construction works or construction products and that are laid down in building codes. In other countries it has a broader meaning, also including local government planning and zoning regulations, environmental regulations, and regulations for safe working conditions ( CEBC, 2006 ; Meijer and Visscher, 2006 ). The term “construction regulation” also has different meanings for different people – professionals in the construction industry, academics and policy makers alike ( Van der Heijden and De Jong, 2009 ).

Furthermore, in practice, much construction is not “regulated” through legally binding provisions: many provisional requirements, quasi-mandatory regulations, and informal advisory documentation on accepted solutions exist under the formal regulations. As such, a strictly legalistic view on the topic would only provide partial insight into current regulation of sustainable construction in EU member states.

To overcome potential issues of a too narrow definition, it was decided to use a broad definition for the term “regulation” ( Scott, 2001 ). Within this study, regulation is understood to include:

central or state/regional laws, codes, decrees, ordinances;

requirements, either mandatory or advisory, imposed by insurance regimes, professional registration bodies, etc; and

“quasi-mandatory” standards, codes, approved documents and guidance and other documents which have a “deemed to satisfy” status under the legal framework.

Following on from this definition, construction regulations were understood to include all those regulations (laws, ordinances, decrees, standards, codes, etc.) imposing mandatory or semi-mandatory requirements or provisions on the planning, the design, the execution, the maintenance and the use of construction works.

2. 2 Defining sustainable construction

The study only aimed to cover a subset of those construction regulations, particularly those that address sustainable construction. But what is sustainable construction? As with the term regulation, sustainable construction has different meanings for different people (for an extensive review of possible definitions, see Wheeler and Beatley (2009) ). It would be beyond the scope of this paper to provide an in-depth discussion of all definitions and approaches to “capture” the term sustainable construction. What is relevant to note is that the study's main conceptualisation relates “sustainable construction” to the notion of the “triple bottom line” ( Dyllick and Hockerts, 2002 ; Elkington, 1998 ), with a focus on the three “traditional pillars” of sustainable construction: ecological quality, economic quality, and social quality ( Wheeler and Beatley, 2009 ). Using academic, grey and professional literature, these terms were made operational as follows.

Defining ecological quality

Ecological quality focuses on:

“Energy”, which addresses topics such as energy performance, the use of renewable energy sources, the implementation of energy efficiency techniques (e.g. low-energy light bulbs), thermal insulation, and the reduction of air-permeability.

“Water”, which deals with topics such as the implementation of water conservation techniques, the implementation of water efficiency techniques (e.g. low-water flush toilets), and water metering.

“Waste and pollution”, which attends to topics such as the minimisation of waste during construction, the registration of waste production (e.g. in site waste management plans), the separation/recycling of waste, and the limitation of the emission of CO2, ozone depleting gases, and greenhouse gases.

“Protection of biodiversity and natural environment”, which takes up topics such as the conservation of flora, wildlife and natural habitats on site.

“Minimization of the use of resources”, which tackles topics such as the use of recyclable and renewable materials, and the refurbishing and redeveloping of existing buildings instead of demolition and new development.

Defining social quality

Social quality centres on:

“Adherence to ethical values during development”, which addresses topics such as ethical trading throughout the supply chain and the provision of a safe and healthy work environment.

“Provision of adequate local services and facilities”, which deals with topics such as the provision of information to local community during construction activities, the provision of space for training...