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Sweden and its Nordic neighbors are recognized as leaders in the energytransition required to counter the threat of climate change.1 However, thereis no specific law for the energy transition in Sweden. Rather, there area number of circumstances which have led to the energy transition inSweden. Despite being a relatively geographically large country, Sweden hasa rather small population and is much less densely populated than otherEuropean countries. Its plentiful natural resources, historical events andvarious economic incentive systems (codified in laws) have also contributedto the energy transition in Sweden.

The purpose of this aricle is to present the results from a Swedish legal research project – the REKO project – and to analyse how its findings are relevant for EU member states facing the implementation of the amended Energy Performance of Buildings Directive.We have identified that a major obstacle to renovating towards a sustainable built environment involves unclear legal construction, including which buildings are protected or designated as culturally valuable, and when a legal pre-assessment is needed. We find that this obstacle is being compounded by an overall problem in the lack of relevant knowledge among property owners, energy experts, and decision-makers. We can conclude that the interpretation of the law regarding the protection of heritage values and the requirements for energy efficiency measures is quite clear. However, it is difficult for the property owners and the average person to understand how these different sustainability goals relate to each other. A clarification in the law may therefore be needed, not least in order to ensure legal certainty for property owners. Additionally, in light of the amended directive, clarification in the law may be necessary to specify that energy requirements must be adjusted if they risk harming the heritage value in a way that is prohibited. 

Sverige har, genom att skriva under flera olika internationella avtal, åtagit sig att skydda vårt kulturarv för nuvarande och kommande generationer. I den svenska lagstiftningen finns också flera regler som syftar till att skydda kulturvärden. Bland annat får inte byggnader som är särskilt värdefulla ur bland annat kulturhistorisk synpunkt förvanskas. Ändringar av alla byggnader ska ske varsamt. Hur kommer det sig då att kulturvärden fortsatt går förlorade?

Cultural values are integrated in most of the national and international goals formulated to reach a sustainable future. According to the Swedish legislation the cultural environment is a public interest that must med weighed against other public as well as private interests in planning- and building processes. However, with the increasing attention to climate issues and the ambition to decrease the use of fossil energy sources, the preservation of the cultural environment may come into conflict with energy issues. The article describes how today’s legal complex has developed and elaborates on its deficits when put into practice. The results point towards improved law enforcement. We also suggest measures that need to be taken in order to adopt an holistic approach on energy efficiency issues and the assurance of adequate knowledge in the planning and building processes in order to reach a sustainable manage of the built environment.  

Cultural values in the physical environment are explicitly protected by international agreements and their preservation for future generations is specified as a goal of sustainable development. According to Article 9(3) of the Aarhus Convention, environmental organisations have the right to appeal decisions and omissions by authorities relating to the environment. This article examines whether this legal obligation applies in different situations where cultural values in the physical environment may be affected. In order to determine whether such values are covered by this right, the legal concept of the environment is analysed. We then examine how cultural values in the physical environment are protected according to the national law, as well as how rules for environmental organisations’ right of appeal have been implemented and applied by Swedish courts. We conclude that cultural value in the physical environment is an environmental issue in the sense of the Aarhus Convention and thus covered by the right of appeal. In addition, we argue that decisions that “relate to the cultural en- vironment” should be interpreted extensively and that it can be difficult to distinguish cultural values in individual objects from their surrounding envi- ronment and landscape. Decisions that affect individual objects of cultural value can therefore often be covered by the right of appeal according to the Aarhus Convention.

The housing and service sector account for nearly 40 percent of the total energy usage in the European Union (EU). Improving energy efficiency in the building stock is therefore of vital importance to ensure climate goals. However, increasing the energy efficiency of existing buildings can lead to conflicts with other sustainability goals, such as the preservation of cultural heritage values of the built environment. How this conflict is handled in practice will depend on the design of the legislation and ultimately, the legal system. Not only is legislation on the protection of cultural values necessary, the legal system as a whole must be coherent and without deficits, loop-holes and conflicts contradicting goal fulfilment. Moreover, the norms must be effectively applied and complied with. Results of an interdisciplinary research project assessing the effectiveness of the Swedish legal system in reaching energy goals while preserving heritage values, show that meeting sustainability goals are jeopardized by not applying the law in accordance with the intent of the legislator. This paper elaborates on the deficits identified and how they can be improved in order to handle sustainability conflicts.

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.