Chapter 8: Governance and legal challenges of underground space use

A typical discussion on the merits of the use of underground space often follows the same pattern and consists of three distinct questions. The first is why would we even want to use underground space? The second is about whether it is possible. The third that immediately follows, and is typically posed as the final hurdle against the madness of the scheme: what about land ownership? This last question usually brings a smirk to the face of the person asking it, as if to say, ‘Try and get yourself out of this one!’ Apart from illustrating that not everyone is enthusiastic about the idea of using underground space, and that people seem to have a preconceived vision of what it entails, it does – rightly – throw up the aspect of governance and legal challenges. In this chapter, we will take a closer look at these issues. We start by looking at the oversight of underground space, followed by the regulatory controls governing land ownership, liability, building codes and the environment. The final section will discuss the question of managing underground space use.