Belgium’s adaptive reuse of cultural heritage is guided by regional legislations which vary but share common goals. For example, the Heritage Decree in Flanders (2013) and similar laws in Wallonia and Brussels facilitate the reuse of heritage sites while ensuring their historical integrity is maintained. These laws are often updated to reflect modern needs and sustainability goals. For instance, the transformation of Antwerp’s Handelsbeurs, originally built in the 16th century, reflects these principles by blending historical preservation with modern functionality​ (MDPI)​.

The concept of heritage in Belgium is broad and inclusive, encompassing not only tangible structures like buildings and landscapes but also intangible aspects such as folklore and traditions. This inclusive understanding allows for a dynamic approach to heritage preservation and adaptive reuse, as seen in projects like the Gare Maritime in Brussels, where a historical site has been repurposed for contemporary use while preserving its architectural essence. And adaptive reuse across various domains, such as turning the former Pacheco Hospital in Brussels into a housing complex for the elderly, preserving the building’s architectural heritage while providing contemporary benefits.​ (MDPI)​.

Heritage sites in Belgium enjoy protection under strict regulations, yet there is flexibility to allow and accommodate adaptive reuse. This balance is crucial to preserving the historical value of sites while permitting modern enhancements necessary for their sustainable use. Changes to heritage sites, such as structural modifications or usage conversions, require careful consideration and are typically overseen by local heritage agencies to ensure compliance with both regional and national standards.​ As mentioned, there is flexibility to accommodate adaptive reuse. For example, the old Dossin Barracks, now the Kazerne Dossin Museum, reflects careful adherence to protection statuses while integrating modern museum practices.

Belgian regulations encourage a balanced approach to heritage conservation. Local regulators are given discretion to decide how best to apply these rules, allowing for a tailored approach to each project. This is evident in the adaptive reuse of Ghent’s historic post office into a shopping centre, blending retail with preservation.

Recent initiatives aim to align heritage conservation practices with broader environmental and sustainability goals. These include enhancing energy efficiency and integrating green building practices into historic sites. The main actors in this process include regional heritage agencies, municipalities, and various NGOs, each playing a role in ensuring projects adhere to both preservation standards and modern needs​ (MDPI)​.

Updates to heritage regulations often aim to enhance sustainability and accessibility. These initiatives typically stem from governmental efforts to align heritage practices with contemporary environmental and social standards, as seen in the recent updates to energy efficiency requirements for heritage buildings.

In 1969 the Law on Cultural Monuments and Museums was adopted. It defines cultural monuments as “works of human activity that document material and spiritual culture and have scientific, artistic, and historical significance…”. Categories introduced include “world”, “national”, “local”, “ensemble significance”, and “for information” which are used as main protection statuses till today. The law was relatively rarely changed till 2009 when it was replaced by the Cultural Heritage Act – the current main law in Bulgaria that regulates cultural heritage protection and adaptive reuse. This legislation outlines the framework for protecting, preserving, managing, and utilising cultural heritage, continuing the good practices from the past with the new tendencies implemented. It seeks to balance the preservation of historical and cultural values with the evolving needs of society, allowing for thoughtful and re6spectful reuse of cultural heritage sites.

The concept of heritage is quite expansive, including both tangible and intangible elements. While there are specific sites and buildings listed as cultural heritage properties under the Cultural Heritage Act, the notion of heritage extends beyond these designated locations. The country boasts a rich cultural tapestry that includes diverse traditions, rituals, crafts, music, dance, and folklore, all of which contribute to its intangible heritage.

Changing or modifying heritage buildings or landscapes in Bulgaria is not a straightforward process and typically requires approval from relevant authorities, especially for properties with higher protection statuses. Requests for alterations or interventions must undergo a thorough review process, the regulatory timeframe for which is 4 months, to ensure that any proposed changes do not compromise the cultural or historical significance of the property. Depending on the protection status and significance of the property, alterations may be subject to conditions or restrictions aimed at preserving its authenticity and integrity.

Bulgaria’s heritage conservation regulations are rather strict as procedure. However, the actual process of reviewing and control of every separate project gives enough flexibility for adaptive reuse and contextual development depending on the intervention qualities and argumentation. The key is ensuring that changes and adaptations respect the historical and cultural significance of the properties while balancing preservation with modern needs.

Regulation change initiatives connected to the Cultural Heritage Act in Bulgaria serve diverse purposes, ranging from modernization, digitalization and enhanced protection to community engagement and sustainable development. These initiatives may originate from various sources, including government bodies, experts, NGOs, and public feedback, reflecting the collaborative and dynamic nature of cultural heritage preservation efforts. The latest initiative has been submitted to the Parliament for a first reading in April 2024. The initiative comes from the Ministry of Culture and the National Institute for Immovable Cultural Heritage (NIICH). The main novelties concern organisational changes related to the responsibilities connected with the conservation of the heritage sites. It is proposed to relocate a large part of the document conciliation for interventions on heritage from the NIICH to the Ministry of Culture, and the time required is reduced from 4 to 2 months. The regional level entities (NUTS 2) aimed at facilitating and decentralising some of the activities for preservation of the local heritage are removed, but the creation of territorial units of NIICH is stated. Municipalities are to maintain a public register of endangered heritage sites. The process of using the legal mortgage mechanism by the local authorities in case of non-compliance with conservation measures by their owners is improved. Significant efforts are being made to define deadlines for identification and final evaluation of heritage sites (this is expected to take about a year a site). A deadline of 3 years is set for sites without regimes to acquire them. Temporary conservation rules are established according to the category of the heritage site for interventions in them until specific regimes are determined.

In Cyprus, the main laws governing cultural heritage protection and adaptive reuse encompass the Antiquities Law (No. 1/1973), which establishes the legal framework for safeguarding archaeological sites, monuments, and artefacts. Complementing this legislation are provisions within the Town Planning and Housing Law (No. 90(I)/1991), addressing urban planning and development considerations that intersect with heritage preservation. Additionally, environmental legislation and adherence to international conventions, such as the UNESCO World Heritage Convention, play vital roles in ensuring the protection of Cyprus’s cultural heritage. Furthermore, local regulations and bylaws implemented by municipalities further contribute to the management and conservation efforts at the regional level. Since its inception in 1973, the Antiquities Law has served as the cornerstone of heritage protection in Cyprus, guiding initiatives to conserve the nation’s rich archaeological legacy while facilitating responsible adaptive reuse endeavours.

The concept of heritage encompasses a wide range of tangible and intangible elements that hold cultural, historical, and societal significance. In Cyprus, heritage is approached with a comprehensive perspective, encompassing not only specific sites and buildings but also intangible heritage, cultural landscapes, and protected areas. This broader understanding acknowledges the interconnectedness of various elements that contribute to Cyprus’s cultural identity and collective memory.

Common examples of heritage in Cyprus include:

Archaeological Sites: Cyprus boasts a wealth of archaeological sites dating back thousands of years, including ancient cities, temples, tombs, and settlements such as Kourion, Salamis, and Choirokoitia.

Historic Buildings and Monuments: The island is adorned with numerous historic buildings and monuments spanning different architectural styles and periods, such as Byzantine churches, Venetian fortifications, Ottoman-era structures, and colonial-era buildings in cities like Nicosia and Limassol.

Intangible Heritage: Cyprus celebrates its intangible heritage through traditions, rituals, festivals, music, dance, cuisine, crafts, and oral histories passed down through generations. Examples include traditional folk dances like the sousta, traditional Cypriot cuisine, and the intricate art of Lefkara lace-making.

Cultural Landscapes: The island’s landscapes, shaped by human activity over centuries, also hold significant cultural value. These include agricultural terraces, traditional villages nestled in the Troodos Mountains, and the picturesque vineyards of the wine-producing regions.

Protected Areas: Cyprus is home to several protected areas, including nature reserves, national parks, and marine protected areas, which not only conserve biodiversity but also safeguard cultural landscapes and archaeological sites within their boundaries.

While specific sites and buildings hold particular importance, Cyprus recognizes the importance of a holistic approach to heritage conservation that encompasses both tangible and intangible aspects. This inclusive perspective ensures the safeguarding and promotion of Cyprus’s diverse cultural heritage for future generations.

In Cyprus, heritage protection statuses are primarily regulated through various legal mechanisms and administrative procedures aimed at safeguarding cultural, historical, and natural heritage. The main protection statuses and mechanisms include:

1. Listed Buildings and Sites: Certain buildings, archaeological sites, and monuments of significant cultural or historical value are listed on official registers maintained by the Department of Antiquities. Listing affords them legal protection, making any alterations subject to approval and supervision.
2. Conservation Areas: Designation as a conservation area aims to preserve the character and architectural integrity of historically significant urban or rural areas. Development within conservation areas is regulated more strictly to ensure that changes are compatible with the area’s character.
3. World Heritage Sites: Cyprus has several sites inscribed on the UNESCO World Heritage List, such as the Painted Churches in the Troodos Region and the Neolithic Settlement of Choirokoitia. These sites benefit from international recognition and protection, with measures in place to conserve their outstanding universal value.
4. Scheduled Monuments: The Antiquities Law empowers authorities to designate certain archaeological sites and monuments as scheduled monuments, providing them with legal protection against unauthorised excavation, alteration, or destruction.
5. Environmental Protection: Natural heritage sites, including protected landscapes, habitats, and ecosystems, are safeguarded through environmental legislation aimed at conserving biodiversity and ecological integrity.

Changes to heritage buildings or landscapes in Cyprus typically require obtaining permits and approvals from relevant authorities, such as the Department of Antiquities, local planning departments, or municipal councils. The process often involves submitting proposals outlining proposed alterations or developments, accompanied by detailed plans and assessments of potential impacts on heritage values. Authorities evaluate these proposals based on criteria such as cultural significance, architectural merit, historical importance, and compatibility with conservation objectives. Public consultation and stakeholder engagement may also be integral to the decision-making process, particularly for projects with significant implications for heritage conservation. Overall, while changes to heritage buildings or landscapes are possible under certain circumstances, they are subject to rigorous assessment and scrutiny to ensure that they are carried out responsibly and in line with heritage protection objectives.

Heritage conservation regulations in Cyprus are generally stringent, reflecting the nation’s commitment to preserving its rich cultural legacy. These regulations aim to protect significant historical, architectural, and archaeological assets while also promoting sustainable development and adaptive reuse where appropriate. However, within these regulations, there exists a degree of flexibility that allows for adaptive reuse of heritage buildings, sensitive restoration projects, compatible development in designated areas, innovative conservation approaches, and consideration of public benefits. This flexibility permits the integration of modern needs and sustainability goals with the preservation of cultural heritage, ensuring that heritage assets are safeguarded while contributing to the vitality of communities. Authorities often exercise discretion and engage in dialogue with stakeholders to strike a balance between conservation objectives and development needs, thus ensuring that Cyprus’s heritage is preserved for future generations.

The heritage conservation system in Cyprus typically encourages a balanced approach that allows for both the strict application of regulations and flexibility depending on the circumstances. Local regulators are granted some degree of discretion to interpret and implement heritage conservation regulations, considering factors such as the specific characteristics of the heritage asset, the proposed changes or developments, and the broader context of the surrounding area.

In some cases, where the preservation of a heritage asset is paramount and any alterations pose a risk to its integrity, local regulators may opt for a strict application of regulations. This approach ensures that heritage values are upheld and that any proposed interventions undergo thorough scrutiny to minimise potential negative impacts.

Regulation change initiatives in heritage conservation may arise from various sources, including government agencies, heritage organisations, academic institutions, professional associations, and community groups. These initiatives aim to review, update, or introduce new regulations to address emerging challenges, improve effectiveness, and adapt to evolving priorities in heritage conservation. The purposes of such initiatives can vary but often include enhancing effectiveness, promoting innovation, responding to changing needs, streamlining processes, addressing legal and policy frameworks, and fostering community engagement. Regulation change initiatives often involve collaboration among multiple stakeholders, including government agencies, heritage professionals, advocacy groups, and the public. They may entail research, consultation, and stakeholder engagement to gather input, assess needs, and develop consensus around proposed changes. Ultimately, the aim is to create regulatory frameworks that balance the protection of cultural heritage with the need for sustainable development and adaptive management, ensuring that heritage assets are preserved for future generations to enjoy and appreciate.

Germany has about one million archaeological sites, settlements, churches, farmhouses and workers´ dwellings, castles and palaces, parks and gardens, industrial and administrative buildings which are listed as monuments.

In conformity with the jurisdictional and legislative requirements, both the federal and the sixteen states governments of Germany are responsible for formulating, developing and applying, as far as possible, a policy whose principal aim is to co-ordinate and to make use of all the scientific, the technical, the cultural and other resources available to secure the effective protection, conservation and presentation of the cultural heritage. The capacity of local governments to support adaptive reuse depends, in part, on the financial resources at their disposal which varies widely across the country.

The federal Building Code (Baugesetzbuch, BauGB) regulates several points related to adaptive reuse of heritage buildings. Additionally, the federal Building Code makes several stipulations that guide the process of developing land-use plans. Developing legally binding land-use plans is within the competency of the local entity of the municipality (Kommune), but they have to take into account other plans developed at federal, state  (Länder) and local municipal (Kommune) levels, including the preparatory land-use plan (Flächennutzungsplan).

The federal Building Use Ordinance (Baunutzungsverordnung (BauNVO)), revised in 2017 allows for greater flexibility in the land-use plan and the mixing of different uses in an area (dwelling, offices, retail, other small enterprises, civic activities and others) as long as they do not disturb the quality of life. This ordinance thus has made possible to reassign certain areas in the land-use plan formerly fixed for specific uses (dwelling, industry etc.) to “urban areas” thus opening the way to adaptive reuse of buildings, in particular from industrial and retail sites to dwelling.

In the state of Thüringia, Germany, according to section 2 paragraph 1 ThürDSchG, cultural monuments (synonym: monuments) are things, material assemblies and parts of things in whose preservation there is a public interest for historical, artistic, scientific, technical, folkloristic or urban planning reasons as well as for reasons of preserving the historical village image. The factual term and the seven significance criteria justify the so-called monument eligibility, the interest in preservation leads to monument value.

Generally, in the bureaucracy of heritage protection, there is an administrative distinction between legal heritage protection (Denkmalschutz) and heritage preservation agency (Denkmalpflege). The former has legal competency, the latter provides the scientific argument. Aside from the Heritage Conservation Law at state level, there are also regional ordinances (Landesbauordnungen), as well as local ordinances (Ortsstatute and Gemeindeordnungen) that can protect the appearance of individual monuments or areas against modifications or additions. Under the BauGB, the municipal government may pass the heritage preservation statute (Erhaltungssatzung) in order to protect the appearance and character of a neighbourhood, and to regulate new building projects. In general, heritage protection decisions are thus being made by the local (lower) heritage authority (Untere Denkmalschutzbehörde) who need to give permission for construction, modification or demolition related to listed buildings.  

An important programme for adaptive reuse in the past years has been the urban heritage conservation programme (Städtebaulicher Denkmalschutz) of federal, state and municipal levels of government, as it became an important funding source for urban heritage conservation. Originally funded to cover the costs of regenerating neglected areas in the new (former East) German states, between 1991 and 2008 it generated 4.6 billion euros. The program was expanded to cover the old (former West) German Länder as well since 2009. This programme made a direct link between inner-city development and urban heritage conservation, supporting integrated urban renewal.  It includes an integrative approach combining concerns of refurbishment, economic development, social engagement in neighbourhoods and citizen participation with heritage protection.  The program was also mentioned as good practice because of good quality management, providing expert advice, research support, and integrated social development strategies. Since an application for support through this program requires a heritage protection ordinance, it is a program in which heritage protection can be experienced by citizens as an enabler rather than an obstacle.

In Italy, the discourse about cultural heritage and its enhancement has long been focused more on protection than on the reuse of buildings. For this reason, the main regulations dealing with this topic are those related to urban planning. In this regard, the primary national legal framework is established by the National Planning Law (Legge Urbanistica) issued in 1942. The law has been amended over time (in 1967 with respect to the conservation of “historical centres”) and it establishes all the permits and plans required for reuse and rehabilitation of buildings and zones. It delegates to regions the duty of defining regional policy goals, locating infrastructures and special zones and defining the socio-economic and environmental framework for local plans. The regions share with the state the general setting for urban policies and the implementation of EU policies but they are very autonomous on this side so they can respond to this commitment by emanating laws and rules able to respond to specific needs of each territory. 

Stepping back to national regulation, the primary legal framework for heritage protection and enhancement is outlined in the Cultural Heritage and Landscape Code (Codice dei beni culturali e del paesaggio – CBCP). This code defines cultural assets and landscapes, their associated values, and the tools for their conservation. According to this law, conservation encompasses all activities aimed at preserving the integrity, identity, and functional efficiency of a cultural asset in a systematic, planned, and coordinated way. It also includes efforts to promote cultural heritage for public enjoyment. The concept of ‘public enjoyment’ emphasises the social significance of cultural heritage and its role in citizens’ cultural development.

The Code is implemented through the institution of Soprintendenze, which are regional peripheral organs (the most recent regulatory provision is established by the Decree of the President of the Council of Ministers dated December 2, 2019, no. 169). They belong to the Italian Ministry of Culture, except in three regions: Trentino Alto-Adige, Sicily, and Valle d’Aosta. In these regions, due to their autonomous statutes, the Soprintendenze report directly to the regional authorities instead of the Ministry. Their competences are established by the Code, particularly regarding the protection and enhancement of cultural heritage and landscape.

The State and the Regions (through the organ of Soprintendenze) identify buildings and areas to be protected through a “declaration of interest.” According to the Code, cultural constraints are recognized on a case-by-case basis, based on the cultural interest determined by the State “for movable and immovable assets that are 70 years old and created by deceased authors” (art. 12). By law, the authorization of Soprintendenze is required for any intervention in a listed building or protected area, where they can either block or approve projects based on building constraints. 

The main tool by which this duty is fulfilled is the Regional Landscape Territorial Plan (Piano Territoriale Paesistico Regionale – PTPR), as outlined by the Code. The PTPR represents the primary means for integrating heritage protection and urban planning. It catalogues cultural assets and landscapes and has a maximum duration of five years. The PTPR defines interventions and restrictions concerning listed buildings and protected landscape areas. This entails obtaining ‘landscape permission’ for actions such as restoration involving demolition and reconstruction, expanding the building beyond its original form, urban renewal, and so on. The PTPR is the outcome of a joint work between the Ministry of and regional authorities. The regulations of the PTPR take precedence over other plans. It has been observed that the overlap of responsibilities and plans frequently leads to inconsistencies in territorial governance and management. On a sub regional level other instruments can be set to provide a framework for local intervention. The most important one is the Master Plan (Piano Regolatore Generale) that legislates at the municipal level by identifying specific planning goals and determining land-use. It can be replaced by other tools such as the structural/strategic plan, the land use regulation, and an operational plan (regarding development areas and/or public facilities).

This review of laws and regulations regarding cultural heritage demonstrates that in Italy, the field is primarily addressed in terms of its protection and economic enhancement rather than its cultural and societal value.

Spain, the 5th country with the most UNESCO heritage sites, has an ample framework for cultural heritage conservation and adaptation. Cultural heritage has a legal framework that must be understood when it is being managed. In Spain, it is regulated by Law 16/1985, of 25 June, on Spanish Historical Heritage (known by the Spanish acronym, LPHE), Law 10/2015, of 26 May, on the Safeguarding of Intangible Cultural Heritage (known by the Spanish acronym, LPCI), and Royal Decree 111/1986, of 10 January, on the Partial Development of Law 16/1985, of 25 June, on Spanish Historical Heritage. 

Based on these premises, it is important to consider that, in this country, the creation of the State of Autonomous Regions involved the transfer of a number of powers to the cities and autonomous regions in various areas that affected their territory, including allocation of powers in matters of culture. The basic distribution of powers in this regard is established in Article 6 of the LPHE. Paragraph b) of this article states that the competent bodies responsible for protecting culture shall be “the national government when it is expressly stated or it becomes necessary for them to intervene to defend against illegal export and spoliation”, as well as “with regard to Spanish Historical Heritage assets that are assigned to public services managed by the national government or that form part of the National Heritage”. 

All other cases, in other words, assets of regional and local public ownership and assets of private ownership, a key element of social development and, therefore, an essential asset. As stated in Art. 6 (a) of the LPHE, are subject to management by the autonomous regions, competent in terms of their own assets, assets belonging to private entities and individuals, and those as- sets that have been assigned thereto in terms of management or ownership. 

The distribution of powers is organised through the bodies responsible for the guardianship of cultural heritage in each case. At the national level, the power lies with the Directorate General of Cultural Heritage and Fine Arts of the Ministry of Culture and Sports, and in the regional context, the organism in charge is the Department of Culture of the corresponding territory or body. It must be borne in mind that, depending on the region, or even the political party in power, the name of these bodies may vary. In any case, and provided that it entails cultural heritage management, national laws will apply, in other words, the LPHE and the LPCI, as well as current regional legislation on cultural heritage. 

The concept of heritage in Spain is inclusive and broad, encompassing both tangible and intangible cultural assets. Tangible heritage includes monuments, historical buildings, archaeological sites, and cultural landscapes. Intangible heritage covers traditions, languages, rituals, and other cultural expressions. This broad application reflects a holistic understanding of cultural heritage as integral to national identity and societal cohesion.

In Spain, the LPHE establishes three levels of protection: assets of cultural interest, the highest category of recognition and protection for (known by the Spanish acronym BIC) and immovable assets due to the uniqueness of their values; General Inventory of Movable Assets; and a basic level, defined in Article 1.2 LPHE, which integrates the Spanish historical heritage given its characteristics. Moreover, at the maximum level of protection, whether or not BIC is declared, one type of assets considered to be in the public domain and, therefore, these assets are inalienable, guaranteed against seizure and imprescriptible, is included. This is the case of archaeological heritage. 

Regional legal schemes created other categories, although the figure of BIC is always present, being able to coexist with other levels of protection such as the level of asset of heritage interest (AHI) contemplated in the regions of Castilla-La Mancha and Madrid. Likewise, some regions establish other categories of protection for assets that do not meet the BIC requirements, such as the inventory of immovable assets in Navarra or designated assets in Aragon. The definition of each of these categories, as well as the specific scheme required by each level of protection, is set out in the corresponding regulations. There are also provisions applicable to different types of heritage according to their nature, which represent a strengthening of their protection: archaeological, ethnographic, documentary and bibliographic heritage. Environmental regulations are also applicable to natural heritage as well as to mixed assets (cultural and natural heritage, as is the case of cultural landscapes). 

Regarding the guardianship of cultural heritage by municipalities and provincial councils, Law 7/1985, of 2 April, Regulating the Local Sphere, as well as national and regional regulations on culture, are applicable. It can therefore be deduced that, in compliance with the provisions on urban planning and the environment, city councils are competent in the drawing up of urban planning tools such as special supplementary plans to the General Urban Planning Plans (GUPP), the inventory of assets with Spanish historical heritage values, the custody of the BIC and the dissemination of the existing cultural heritage in their municipal area. Provincial councils, on the other hand, collaborate with the city councils of the territory under their administration to safeguard cultural heritage through legal, economic and technical assistance. 

The legal regulations also make special mention of promotion measures with the aim of favouring conservation, maintenance and renovation works, as is the case of the 2% allocation for culture, or measures including national or local tax reductions or exemptions, such as exemptions on the payment of asset tax (IBI) for some BIC assets. As for the State, the necessary assessments in order to apply some of these measures that affect movable assets, such as donations, are carried out by the Board of Qualification, Valuation and Export of Assets of Spanish Historical Heritage and in some autonomous territories through their counterparts.