Regulating sustainable construction in Europe: An inquiry into the European commission's harmonization attempts

Van Der Heijden, J and Van Bueren, E (2013) Regulating sustainable construction in Europe: An inquiry into the European commission's harmonization attempts. International Journal of Law in the Built Environment, 5(1), pp. 5-20. ISSN 1756-1450

Abstract

Purpose – The purpose of this paper is first, to gain insight into how the European member states have addressed the concept of sustainability in their building regulatory frameworks; and second, to gain insight in the effects of harmonization attempts of these frameworks by the European Commission (EC). Design/methodology/approach – Data on the member states' building regulatory regimes were gathered using a survey questionnaire. The survey questionnaire addressed over 60 different aspects of sustainable construction that may, in various ways, be regulated by the member states. Findings – The data obtained show mixed results. Some aspects of sustainable construction show far-reaching homogeneity, whilst others do not. It appears that current EC directives have a positive effect on homogeneity of sustainable construction regulation throughout Europe. However, this does not provide a firm base to advise more directives, as these often appear a too resource-intensive tool to achieve sustainable construction in a timely fashion. Additional and complementary approaches to such directives are proposed. Originality/value – The paper presents an overview of how European member states have addressed various aspects of sustainable construction in their construction regulatory frameworks. This provides valuable insights for further studies on regulatory change, regulatory convergence and divergence, and policy outcomes related to sustainable construction in the European Union. Also, the study presents a number of approaches to achieve homogeneity that may complement earlier approaches taken by the EC.

Item Type: Article
Uncontrolled Keywords: building regulations; construction works; Europe; European commission; policy making; regulation and enforcement; sustainable construction
Index terms: Europe, building regulation, European Union, construction work, enforcement, policy making, sustainable construction, survey, questionnaire, regulation, methodology
Subjects: physical geography and landforms, research methods, health safety and environment, sustainable construction, regulatory law, political science, data collection methods, policy studies, operations management
Topics: Governance, Sustainability, Project Management, Geographical Context, Research Practice, Health and Safety, Legal Issues
Descriptive scope: 5 PCTEA

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here