Heritage designation (building)

A buyer of premises in an older building can meet this when planning renovations or changes to a storefront. Parks Canada’s Canadian Register describes a historic place as one formally recognized for its heritage value by an appropriate authority within a jurisdiction. This entry covers Ontario only; check the rules where you are. See zoning compliance checks and legal non-conforming use.

What Ontario’s Act says

Under s.29 of the Ontario Heritage Act, a municipal council may designate a property by by-law if it meets any prescribed criteria and the designation follows that section’s process. Under s.33(1), no owner of a designated property may alter it, or permit its alteration, if the alteration is likely to affect its heritage attributes as described in the by-law, unless the owner applies to council and receives written consent, subject to the rest of s.33, which lets council delegate consent to staff in some cases and has transition rules for older designations. Section 34(1) applies a similar rule to demolishing or removing heritage attributes or any building or structure on the property. Section 27 requires the municipal clerk to keep a register of properties of cultural heritage value or interest.

What to check or ask

• Whether the property is on the municipal register or designated by by-law
• What the by-law says the heritage attributes are
• Whether past alterations received written consent