Estetikkbestemmelser i norske byggeregler: Historisk utvikling og nåtidig anvendelse

Abstract

During the recent decade, aesthetics has been subject to increasing focus in public architectural discourse in the Nordic countries. The demand for beauty is repeatingly accompanied with a call for legislation to ensure aesthetic quality in the built environment. This argument calls for an investigation of aesthetic regulation in building code, concerning possibilities of upholding aesthetic requirements through the rule of law. Aesthetic concerns have continuously been a part of building code, the history of regulation throws light on present law, hence this article covers the development of the entire building code since its origins in 1827, with main focus on recent decades. The study shows historic continuity with timely adaptations, including stepwise intensification and pluralization of aesthetic regulation up to a law reform implemented in 1997. The current law of 2008, however, represents simplification with implicitization/invisibilization of aesthetic requirements, in addition to inconsistent legal terminology. Treatment of building permit applications in the 1980s and 90s was characterized by restrictive statutory interpretation, instigating production of governmental guidance material to uphold the intentions of the building code. This fairly extensive material is not updated to accompany current law, in spite of its simplifications increasing the probability of restrictive interpretation of aesthetic requirements. Aesthetics was one of four areas mentioned in the mandate of the law committee, this can hardly be said to have been maintained. Currently there is a need of revision of building code, to enable its intended function as a compelling authority for upholding beauty in the built environment.