Enforcing sustainability in construction law : legal fragmentation, life-cycle regulation, and reform pathways

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Agapiou, Andrew (2026) Enforcing sustainability in construction law : legal fragmentation, life-cycle regulation, and reform pathways. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 18 (2). ISSN 1943-4162 (https://doi.org/10.1061/jladah.ladr-1461)

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Abstract

This article critically examines the fragmented legal landscape governing sustainability in the UK construction sector and proposes an integrated enforcement framework aligned with the UN Sustainable Development Goals (SDGs). Drawing on a life-cycle-based conceptual model, the article identifies regulatory and contractual intervention points from project inception through demolition. The analysis considers private and public law instruments—including contract drafting, planning conditions, building regulations, and public procurement law—and identifies key weaknesses in the enforceability of sustainability obligations. Comparative insights from Sweden, the Netherlands, and Australia illustrate how other jurisdictions have codified life-cycle responsibilities through procurement reform and statutory planning mandates. The article also incorporates recent UK case law developments to show growing judicial willingness to uphold sustainability-linked obligations. Equity and environmental justice principles are then introduced to frame how legal reforms can avoid reinforcing structural inequalities. The article concludes with a series of targeted legal reforms to strengthen enforceability across instruments, grounded in current regulatory trends and judicial logic. These findings are relevant to policymakers, legal practitioners, and industry professionals seeking to embed sustainability as a legally binding, project-wide obligation.

ORCID iDs

Agapiou, Andrew ORCID logoORCID: https://orcid.org/0000-0001-8598-9492;
CORE (COnnecting REpositories)