Regulierungsfalle Bestand: wie Vorschriften die Revitalisierung bestehender Gebäude erschweren/Regulatory trap of existing buildings: how regulations impede the revitalization of existing structures

The continued utilization of existing buildings is imperative for achieving climate targets. However such conversions and adaptations are often unsuccessful due to the constraints imposed by building regulations and civil law requirements, which can result in the loss of the protection afforded by existing structures. These structures are then subject to compliance with the prevailing building code requirements for new constructions, necessitating costly retrofitting measures, as evidenced by selected case studies. A potential solution to this issue lies in the application of building code requirements that were in force at the time of the original construction, even in cases of change of use or structural modification.

Civil law provisions also pose significant obstacles to the continued use of existing buildings during conversions or adaptations. Typically, these systems necessitate adherence to the prevailing technological standards, which existing structures often fail to meet without significant and costly modifications. A potential approach to address this issue is to refrain from a blanket contractual application of these

generally accepted technical standards and instead agree upon them on a case-by-case basis.