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A heritage easement agreement is another tool to ensure the preservation of a building and control its demolition. This is an agreement between the owner and the city and is recorded on the title. A heritage easement agreement identifies the elements of a building that must be preserved over the long term and may also specify permitted modifications and developments. A cultural heritage owner is encouraged to contact Heritage Preservation Services before applying for a permit. The review of building permit applications is part of the regular permitting process and delays are unusual. It should be noted, however, that major changes generally require further discussion with the Council. Under the Ontario Heritage Act, a municipality may adopt a charter that enters into hereditary constructibility (legal agreement) with an owner of the cultural heritage. The agreement sets out the requirements for the maintenance of the property or a specific cultural heritage and requires that the property be properly insured. The agreement is registered on the ownership of the property and is binding on the future owners. An information brochure on heritage easements is available, as is Markham Council`s policy on when a hereditary easement may be applied for by a landowner. For example, to protect its investment in public funds, Markham required a hereditary easement agreement as a condition of funding certain financial support programs, as well as a requirement for certain development permits. Markham uses heritage easement agreements to further protect cultural heritage resources.
As with any property, city approval is required if you intend to make structural changes or additions, change your signage, or erect awnings. Heritage Preservation Services does not issue its own permits, but reviews applications for heritage permits. Monument preservation staff work closely with other departments of the city to protect and maintain cultural heritage resources. The City of Toronto considers heritage preservation to be a priority, and the Toronto Official Plan includes a policy statement on Council`s intention to protect and enhance significant heritage properties under its jurisdiction. A building, structure or location can be considered important for a variety of reasons. It can be a recognized architectural or cultural landmark that can refer to an important person, an important event in the history of the city, or a critical period in the development of a particular neighborhood. A building can be exceptionally well designed or a feature of the community. A building does not have to be “old” to be an important cultural heritage.
Many modern buildings and structures, such as Roy Thomson Hall and the CN Tower, are important elements of our heritage and symbols of our city. A property doesn`t have to be a large public building – small houses, warehouses, industrial buildings and bridges are also valuable legacies of the past and deserve to be protected and preserved. In this case, the municipality issues a law that “designates” the property as important for cultural heritage. Please note that when I use the word “heritage, it means more than just “old buildings.” In fact, there are many criteria in terms of architectural issues, cultural heritage, or even landscape issues that a municipality can use to designate a property. Properties are designated as individual properties under Part IV of the Heritage Act or as part of a “heritage conservation district” under Part V of the Heritage Act. Most importantly, the landlord retains the right to appeal to the Ontario Municipal Board against a refusal to grant a demolition permit for the building, whether in terms of individual designation or county membership. Thus, the owner remains on the positive side of the dangerous line described in the two examples above. A heritage easement agreement is a tool used to ensure the preservation of a building and control its demolition. This is an agreement that is concluded between the owner and the city and recorded on the title.
Although these terms are often used interchangeably, they are different. “Inscribed” means that a property is included in the inventory for architectural, cultural or historical reasons. Listing is an administrative process, while “naming” gives the property legal status through a specific municipal ordinance under the Ontario Heritage Act. Listed and designated objects are saved in the inventory. The name is also written on the title deed of the property. The eviction procedure is set out in the Ontario Heritage Act. The inscription of a building as cultural heritage does not constitute a legal restriction on ownership, while the designation of a building gives the City Council the legal authority to ensure that modifications are appropriate to the listed character of the property. In the city of Toronto, this is also called a “list”; that is, to appear on a “list” of cultural heritage objects. Until the Ontario Heritage Act was amended about six years ago, being “listed” or “listed on the Heritage Register” didn`t mean much.
However, with the changes to the act, registration has become more important, so that a registered property can be denied a demolition permit for a period of 60 days so that a municipality can move on to the next step, which is the “designation” of the property by a by-law […].
