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Resilient legal framework for climate adaptation in construction

Client

Federal Institute for Research on Building, Urban Affairs and Spatial Development (BBSR) in the Federal Office for Building and Regional Planning (BBR)

Project period

2022 – 2023

Result

Extensive decision-making basis for urgent amendments in construction law

Heatwaves, heavy rain, storms: the effects of climate change on existing buildings are considerable. Legal requirements are an important factor for enhancing resilience in the construction sector. We recommend better integration of climate adaptation into the existing legal framework, both in terms of content and language.

The starting point

The consequences of climate change for buildings and infrastructure are diverse and far-reaching. The increasing frequency and intensity of extreme weather events is not only associated with considerable costs, but also poses risks to human health, such as heat-related deaths or hazards due to damaged building structures. Climate adaptation is therefore of great importance, with the interaction between buildings, neighborhoods and the surrounding area playing a major role.

Currently, the legal regulations only take changing conditions into account to a limited extent. This illustrates the relevance of the BBSR research project “Further development of climate impact-adapted construction in building planning and building regulations law”, which was carried out as part of the “Future Building” research program of the Federal Ministry of Housing, Urban Development and Building in the period 2022 – 2023.

Our contribution

For the research project, we examined spatial planning and building planning law as well as building regulations law. The focus was on the question of whether and to what extent the federal laws contain requirements regarding adaptation measures. We also analyzed the regulatory areas of the federal states and local authorities. Additional reference was made to the requirements of specialist legislation, the Federal Building Administration and private regulators.

We recommend clarifying the language of some laws in order to simplify their proper application. In addition, the precautionary principle needs to be more firmly anchored. In terms of state and regional planning, contingency planning and land management could become mandatory, in order to promote climate adaptation. We also consider stricter requirements regarding the choice of location, including the creation of area load tables, to be sensible.

Contact

Senior Consultant

Dr. Claudia Lösch