Design for Lease and Reuse: a strategy towards a circular built environment

Abstract

In the face of climate change, environmental degradation and biodiversity loss, it is crucial to address circularity within the construction sector, as it is not only a fundamental pillar of the EU economy, but also an industry that takes up considerable amounts of raw materials and produces a large quantity of waste. Within this industry, buildings are also responsible for substantial energy consumption and CO2 emissions. In response, this thesis introduces and proposes the implementation of the Design for Lease and Reuse (DfLR) model as a circular strategy for the EU construction sector. The thesis focuses its analysis on the EU legal framework on buildings, exploring the potential applicability and adoption of this newly introduced model.

The DfLR model concerns the leasing of modular building components for use (and reuse) in buildings, so that less waste is generated and the value of building products, as well as their embodied energy and CO2 emissions, are retained in the economy for longer periods of time. Accordingly, the concept of the DfLR model consists of two parts:

(i) the modular design of building products (or modules) which allows for reuse once a building is no longer needed; and, (ii) the product-as-a-service or leasing business model to place the reusable modules on the EU internal market, allowing for their relocation where they might be needed.

The novelty of this research lies not only in combining the already established concepts of modularity and leasing, but in analyzing the model from a legal perspective, discovering how it could be developed under the EU legal framework on construction products. This thesis also examines the DfLR model under the EU waste legislation and reviews how the area of energy efficiency could benefit from the potential implementation of this model. For the purpose, this thesis focuses on the following EU legal instruments: old and new Construction Products Regulation (CPR), Ecodesign for Sustainable Products Regulation (ESPR), Waste Framework Directive (WFD), Energy Efficiency Directive (EED) and the Energy Performance of Buildings Directive (EPBD).

The thesis is divided in 6 chapters, organized as follows:

Chapter I presents the problem, the research question, the methodology and the structure of the thesis.

Chapter II introduces the concept of modularity as a circular construction strategy and explores circular business models, as basis for the DfLR model.

Chapter III analyses the old and new CPR to determine the requirements that building products must meet to be placed and made available on the EU internal market. The concept of used building products is studied and the ESPR is reviewed as a possible source of inspiration for the construction sector in this matter.

Chapter IV explores the status of used building products under the WFD. Particularly, the links between the regulatory scope of the WFD and the new CPR concerning used products are discussed.

Chapter V reviews the EED and the EPBD in order to establish the relevance of the DfLR model to the EU transition towards an energy efficient and decarbonized construction sector.

Chapter VI highlights the findings of the thesis, determining if the current EU legal framework for the construction sector allows the adoption of the DfLR model.

This research arrives to the main conclusion that the current EU legal framework for the construction sector offers an opportunity for the potential development of the DfLR model. Nevertheless, active participation of the Commission is needed if the goal is to actually achieve it. Specifically, the new CPR provides the Commission with the possibility to lead the development of circular strategies—such as the DfLR model—that address the reuse of construction products. However, it remains to be seen which path the Commission and the overall implementation of the CPR will take.