What does it mean if the house is designated heritage?
Designation does not freeze a house. It names particular attributes and puts a consent step in front of work that would affect them, and the by-law itself is where you find out which ones.
The short answer
It means a municipal by-law protects named features of that property, and altering them needs written consent from council. Demolishing a building on the property needs consent even where no protected feature is affected. Robin Patel, a REALTOR® in the Greater Toronto Area, reads the by-law before a buyer counts on a renovation.
Written forBuyers in the GTA looking at an older house that turns out to be individually designated under the Ontario Heritage Act, and owners of a designated property planning an alteration, an addition or a demolition.
The short version
- An individually designated property is protected by a municipal by-law that describes the specific heritage attributes being protected.
- Consent in writing is needed for an alteration likely to affect those attributes, so the by-law description is the operative text rather than the age of the house.
- Demolishing or removing a building or structure on the property needs consent whether or not the demolition would affect the heritage attributes.
- Council may consent, consent on terms and conditions, or refuse, and there is an appeal to the Ontario Land Tribunal within 30 days of the notice of decision.
- If council does not serve notice of its decision within the time the Act allows, it is deemed to have consented to the application.
What designation actually protects
A municipality designates an individual property by passing a by-law, and that by-law contains a description of the property's heritage attributes. The Act defines heritage attributes as the attributes of the property, buildings and structures that contribute to their cultural heritage value or interest. Those named attributes are the thing being protected, not the house in general.
This is the distinction that matters most and the one most often missed. Designation does not freeze a property in place. It identifies particular features and puts a consent step in front of work likely to affect them, which means the first question about any plan is not how old the house is but what the by-law actually lists.
Those named attributes are the thing being protected, not the house in general.
Alteration and demolition are treated differently
For alterations, the Act says no owner shall alter the property, or permit its alteration, if the alteration is likely to affect the property's heritage attributes as set out in the by-law, unless the owner applies to council and receives consent in writing. The trigger is the effect on the listed attributes, so work that does not touch them sits outside the provision.
Demolition is wider, and this is the part that catches people planning a rear addition or a new garage. Consent in writing is required to demolish or remove any of the heritage attributes, and separately to demolish or remove a building or structure on the property whether or not the demolition or removal would affect the heritage attributes. The second limb does not ask whether anything protected is involved.
| Proposed work | What the Act requires |
|---|---|
| Alteration likely to affect a listed attribute | Apply to council and receive consent in writing |
| Alteration not likely to affect a listed attribute | The alteration provision is not engaged on its own terms |
| Removing a listed heritage attribute | Consent in writing |
| Demolishing a building or structure on the property | Consent in writing, whether or not heritage attributes are affected |
| What council may decide | Consent, consent on terms and conditions, or refuse |
The decision, the clock, and what happens if it runs out
Once an application is complete, council consults its municipal heritage committee where one exists and then must consent, consent on terms and conditions, or refuse, and serve notice of that decision on the owner. The ordinary period is 90 days after the completeness notice is served, or a longer period the owner and council agree on.
There is a provision many owners never hear about. If council fails to serve notice of its decision within the time the Act allows, council is deemed to have consented to the application. And where council consents on terms and conditions, or refuses, the owner may appeal to the Ontario Land Tribunal within 30 days after receiving the notice of decision.
How to check before you commit
Designation is discoverable. Where a designating by-law comes into force without appeal, the Act requires the clerk to ensure a copy of the by-law is registered against the affected properties in the appropriate land registry office, so it is the kind of thing a title search is there to surface.
Finding out that a property is designated is only half of it, though. Ask for the by-law itself and read the description of heritage attributes, because that description is the operative text against which any future plan will be measured. A renovation budget built before anyone has read it is a guess.
Written by
Robin PatelSalesperson · The Agency Toronto
Updated
Published
Read in your language
A machine translation, not Robin’s words. For anything that decides money, ask him in Gujarati or Hindi directly.
