Making the Case for Heritage Designation to a Property Owner

Once a community decides on a commitment to heritage conservation, it can employ a set of tools to achieve its purpose. One tool is designation. The Ontario Heritage Act enables municipalities to recognize and protect individual properties or areas of historical or architectural value or interest. When municipalities designate a property or an area, they translate the recognition of historical or architectural value into a tangible measure of protection.

When a property is being considered by the community for designation, the case should be well researched and documented. The "reasons for designation" should contain the answers to the questions of "Why" the property has significance and is worthy of designation, and "What" part of the property and its physical structure contribute to its heritage character. The basis for designation should be sound, with the architectural and historical description and "reasons for designation" presented to the owner in detail. The owner should be approached, personally, and should have both the advantages and obligations of designation carefully explained.

The protection of heritage properties or areas will be better served by well-informed, sympathetic, property owners who are not frightened or mystified by the implications of designation. Successful conservation efforts can inspire public confidence and pride, and develop community support for conservation.

The information in this Conservation Note supplements previously published material on the designation process and the use of Parts IV and V of the Ontario Heritage Act. Although each recommendation for designation is unique, what follows will help you make the case for designating heritage properties or areas in your municipality and dispel some of the common misconceptions about designation.

What are the advantages to designating property?

• Designation is a local, community-based process.
• Designation helps conserve Ontario's heritage, an irreplaceable resource. Our built heritage is one of our most visible cultural assets; it is on view everyday on every street and is a prominent element that gives each community its unique character and its individuality. Protecting our heritage through designation strengthens a community's identity and distinctiveness.
• Designation recognizes the cultural value of significant heritage properties and the community's appreciation of them.
• Designation is not arbitrary or frivolous. Designation criteria are specific: the principle requirements are that the property possess historic and/or architectural value or interest.
• Designation provides for a consistent approach to heritage conservation. It helps ensure that alterations in the case of individual property, or development in districts, are consistent with the overall intent of the designation by-law or district plan.
• Designation can prevent unsympathetic changes to heritage properties, and delay demolition.
• Designation does not legally restrict the use of a property.
• Although designation is registered on the title of a property, it does not restrict the sale of property, or normally affect its resale value. Designation continues to be in effect when a property changes hands.
• Designation does not lower property values. A 1990 survey of designated properties in London and Kitchener, Ontario, revealed that "designation has not had a negative impact on price and could be said to have a correlation with increases in property values." The survey also found that heritage buildings had performed much better than average in the market-place over the last 30 years and that the price of heritage houses was not affected by a general downturn in property values. "There is no evidence that heritage designation has a negative affect" (Shipley, Robert. "Does Heritage Designation Affect Property Values?" The Canadian Appraiser, Spring 1992, pp. 26-30).
• Some municipalities provide grants or loans to the owners of designated properties. The Ontario Heritage Act (Part IV, Section 39) enables municipal councils to pass by-laws allowing them to make grants or loans to owners of designated property.
• Designation does not require an owner to restore a property to its original condition or its appearance in an earlier period.
• If an owner disagrees with a council decision regarding designation, alteration to a designated property, or repeal of the designation by-law, the owner may appeal the decision to the Conservation Review Board, which must hold a hearing on the matter. The final decision, however, resides with municipal council.
• Designation does not require property owners to open their property to the public.
• In municipalities with local architectural conservation advisory committees (LACACs), designated property owners have a source of information, contacts, and advice to assist them with their conservation questions.
• Designated heritage properties and areas make good economic sense. Designation of individual property or areas may serve as a focus for community renewal efforts. Economic development literature repeatedly stresses the importance of local quality of life, to which recognized heritage properties contribute.
• Designated properties can be recycled to lead useful and economically viable lives. When buildings are rehabilitated, the projects are labour intensive and are ideal sources of employment.
• It has been estimated that the rehabilitation of older buildings consumes 23% less energy than new construction; therefore, the drain on renewable and non-renewable resources is significantly lower than for new construction. The conservation of designated property reduces the strain on dump and landfill sites where up to 60% of available space is currently filled with demolition and construction waste. Conservation of designated property is more economically and environmentally sustainable than new construction.

What are the obligations of designation?

• Designation requires a property owner to seek the approval of municipal council, in consultation with its LACAC where one exists, for any property alteration which affects the "reasons for designation". Although the Ontario Heritage Act provides the owner with a mechanism to appeal council's decision to the Conservation Review Board, council has the final decision and council could deny the property owner the permission to alter.*
• Designation requires the property owner to seek the permission of municipal council, in consultation with its LACAC where one exists, to demolish a designated structure. If council refuses a demolition permit, the demolition may occur, following a delay of 180 days.
• The new owner of an individually designated property must give notice of the change of ownership to the municipal clerk within 30 days after becoming owner of the property.
• Although not stated in legislation, implicit in designation is the idea that an owner try to maintain the property and its heritage features.

For more information about designation, contact the Ministry of Culture in Toronto. Telephone: (416) 314-7145; Fax: (416) 314-7175; or E-mail: Heather.Thomson@mcl.gov.on.ca 

* In practice, a LACAC will normally assist the owner to find a sympathetic and acceptable solution that addresses the owner's needs.

This publication is not copyrighted and can be reproduced without penalty. Normal procedures for credit to the author and the Ministry of Citizenship, Culture and Recreation are appreciated.