Frequently Asked Questions
Who administers the Heritage Property Program?
Planning and Development Services is primarily responsible for day-to-day administration, through planners who form the Heritage Property Program Team. The team provides information and advice to heritage property owners and the public. The same team provides administrative support for the Heritage Advisory Committee and Regional Council through regular contact with other internal staff including Development, Engineering and Legal Services.
The Heritage Advisory Committee is an advisory body and its activities are subject to Regional Council review and confirmation.
For example, the Heritage Advisory Committee makes recommendations to Regional Council on the following matters:
- The registration of buildings, streetscapes, conservation areas and sites;
- Applications to substantially alter the exterior appearance of registered properties;
- Applications for development agreements under the Land Use By-Law which may affect registered heritage property or amendments to the municipal planning strategy affecting heritage policies;
- Proposals for the erection of monuments or sculptures on municipal-owned land; and
- Other matters, such as building or other regulations which affect the attainment of the intent and purpose of the Heritage By-Law.
Informally, the Committee may also provide advice to property owners and developers on appropriate alterations to heritage buildings.
The Heritage Advisory Committee(HAC) meets monthly and its Sub-Committees meet as often as necessary. The Committee presently consists of two members of Regional Council and 10 citizens of the region appointed by Council from various professions, occupations, or related fields-of-interest.
REGISTRATION
How does a property qualify for registration?
Owners are encouraged to submit applications for registration, available online or from the Heritage Property Program Office.
Properties, once researched, are evaluated by the Heritage Advisory Committee using a point system. Factors which are considered are age, historical associations, compatibility with surroundings, and architecture. If a building, site, or streetscape attains a certain basic score, it qualifies for recommendation by the Heritage Advisory Committee to Halifax Regional Council.
What happens when the Heritage Advisory Committee makes a recommendation to register a property?
If Regional Council wishes to consider the Heritage Advisory Committee's recommendation, it must notify everyone with an ownership interest. Council must then provide an opportunity for those owners to have their views heard by Council. Once an owner is notified, Regional Council must decide within 120 days whether or not a property will be registered; during that time no substantial alteration in appearance or demolition of the property may be carried out without Council approval. Prior to the hearing or the Council decision, owners can meet with municipal staff and the Heritage Advisory Committee to discuss the reasons for the recommendation and the implications of registration.
What happens if Regional Council decides against registering the property?
Council will pass a motion not to approve the Heritage Advisory Committee's recommendation. The Council decision will be sent to the owners by the Municipal Clerk and copies will be deposited at the Registry of Deeds. This completes the application process; and the property will not be added to the Municipal Registry of Heritage Properties.
What happens if Regional Council decides in favour of registration?
The property will be included in the Municipal Registry of Heritage Properties. From that point forward, substantial alteration of the exterior appearance will need Regional Council approval. Owners are formally notified of the Council decision by the Municipal Clerk and copies of this Notice are deposited at the Registry of Deeds.
Will my property get special recognition by the Municipality?
Regional Council will have a plaque placed on the registered heritage building with the owner's permission and the Municipality's expense. Some heritage buildings in or near the downtown area are also featured in walking tours and in promotional literature.
Will registration affect the use I can make of my property?
Yes, however this depends on where in the Municipality the property is located.
The City of Halifax in 1989 and City of Dartmouth in 1999, amended their Municipal Planning Strategy and Land Use By-Law to allow owners of registered heritage properties to apply for an incentive to make better use of their properties by entering into a development agreement with the City that will allow uses of the building or site for purposes other than those permitted.
Owners may also, by development agreement, make alterations or additions that would not meet the requirements of the Land Use By-Law. These options are intended to encourage greater flexibility of use with respect to heritage properties, provided that their heritage integrity is not compromised and that the character of any adjacent residential neighbourhoods is maintained. In the Halifax County area and the Town of Bedford a similar incentive policy does not exist.
Anyone wishing to discuss the options noted above should contact the staff of the Planning and Development Services, Heritage Property Program.
BUILDING ALTERATION
How do I get Municipal approval for building alterations?
The basic procedure of applying for a building permit at the Municipality's Inspection Services office must be followed. If the application involves a substantial alteration of the building's exterior appearance, it will be referred to heritage staff for evaluation and, if necessary, to the Heritage Advisory Committee for recommendation to Regional Council. In granting approval, Council may require that certain conditions will apply; such conditions may or may not be the same as those recommended by the Heritage Advisory Committee. Sometimes even small changes, such as exterior paint colours or roofing, need approval from the Heritage Planner. Please contact the Heritage Property Program Office for further clarification.
Are there guidelines for altering heritage properties?
Yes. Guidelines for the Alteration of Municipally Registered Heritage Properties were established in 1989 and designed to encourage preservation and enhancement of registered heritage properties.
Can I get advice on my plans before making an application?
Yes. A member of the Heritage Property Program Team is available by phone or a scheduled meeting to discuss any alteration which would change the exterior appearance of a heritage building. If necessary, a site visit to the property will be arranged. In addition, staff can arrange for a preliminary discussion of the proposed alteration with the Heritage Advisory Committee. This practice gives the Committee a better understanding of the application and it also provides the applicant with advice before the design is finalized.
How long does it take to get approval?
The time needed to process the application depends on the extent and nature of work. If the application does not involve substantial exterior alterations, then Planning Services may approve the heritage alterations, usually within two weeks. If the alterations are substantial and require Regional Council approval, then an additional two to four weeks may be required. The Committee will make every effort to make a recommendation to Council within thirty (30) days of the date of application in accordance with the Heritage Property Act. The approval process can usually be shortened by early discussion with municipal staff and the Heritage Advisory Committee.
What can I do with the interior?
The Heritage By-Law controls the exterior appearance only of registered heritage buildings. Interior alterations, therefore, do not require heritage approval. However, building permits must be applied for, as required by municipal by-laws.
BUILDING DEMOLITION
How do I get Regional approval to demolish my property?
Approval to demolish a municipally registered heritage property can take up to a year. First, an application for a demolition permit is applied for at the Development Services Office. The application is then referred to the Heritage Property Program Team. The Heritage Property Program Team notifies Heritage Advisory Committee and Regional Council of the demolition application. Within sixty (60) days of the application, a Public Information Meeting is held by the Heritage Advisory Committee to gather public comments. The Committee then forwards a recommendation to Regional Council indicating for or against the application. Regional Council then must decide to grant approval of the demolition application or require negotiations to occur over the next nine (9) months as a means of preserving the heritage building. Regional Council is required to have the Advisory Committee's recommendation but is not bound to follow it.
What happens if Regional Council refuses my application for a demolition permit or a substantial alteration?
Section 16 of the Heritage Property Act provides that where permission to demolish or to alter the exterior appearance of the property is not given, the owner may carry out the demolition after one year delay from the date of application. The practical effect of this provision is that it allows time for the owner of a registered heritage property and the Municipality to negotiate a solution.
DE-REGISTRATION
Is it possible for a heritage property to be de-registered?
An amendment to the Heritage Property Act in 1985 provides for a process of de-registration which involves an application by the owner, the holding of a public hearing, and a decision by Regional Council.
ODDS AND ENDS
Are there penalties for failure to comply with the Heritage By-Law?
The Municipality can seek certain rights of action and remedies through the Courts where exterior alteration or demolition is undertaken in contravention of or in non-compliance with the provisions of the Heritage Property Act. For the precise nature of these provisions, reference should be made to the Heritage Property Act.
Where can I get a list of heritage properties in Halifax Regional Municipality?
The official Halifax Regional Municipality Registry of Heritage Properties is maintained by the Municipal Clerk. A list may be obtained from the Planning and Development Services Office in Alderney Gate.
Sources of Information
The above-noted questions and answers are meant to provide information for the general public. These questions and answers are not meant to replace the Heritage By-Law and the Heritage Property Act, but rather to supplement these legislative references. The Heritage By-Law and the Heritage Property Act (1980) are the official Sources of Information and these sources take precedence.
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