Value as a Legal Tool for the Preservation of Monuments in Flanders and Wallonia: Between Conservation and Adaptation

Abstract

The recognition of our built environment as a cultural asset worthy of protection has stimulated corresponding legislation. In the listing process, heritage value has evolved from being a tool to determine the significance of buildings to becoming a selection criterion in legislation. However, value is open to interpretation, which leads to challenges of transparency, effectiveness, and the practical implementation of the protection process. We aim to better understand the scope and use of heritage value, in the context of the international debate on the issue, by tracing the historical development of the heritage conservation laws in Flanders and in Wallonia. The databases of the two agencies for immovable cultural heritage offered information on and access to protection rulings that reflect the practical implementation of heritage value criteria. Interviews with representatives involved in the listing process provided insights into the role of value as a legal tool. We then assessed the challenges and opportunities arising from applying value criteria. The ambiguity of value offers the possibility of discussing the adaptive reuse strategy in light of the current legal situation. We conclude that legislation must reflect the adaptive reuse strategy applied in practice to remain relevant and reflect the needs and views of society.

Approaches to sustaining people–place bonds in conservation planning: from value-based, living heritage, to the glocal community

“…At the national legislation level, heritage legislation has also begun to incorporate social values into the process of designation, assessment and management. Countries such as Australia, Belgium and the United Kingdom have launched various initiatives to engage the general public in identifying, assessing and designating historical buildings and sites that are of historical interest at the local level (Byrne et al 2003, Ludwig 2016, Lesh 2019Augustiniok et al 2022). Notably, the integration of 'social value' into legislation empowers local stakeholders, often nonexperts, to actively participate in decisions relating to heritage designation and management.…”