Municipal Heritage Register
By Dave Beynon & Kelly Linton
The Ontario Heritage Act requires municipalities to keep a Register of properties of culture heritage value or interest. This register must include all properties that have been designated under Part IV of the Act. This legislation also encourages municipalities to include in this Register non-designated property of cultural heritage value or interest. As a result, the Centre Wellington Municipal Heritage Register includes two types of heritage properties:
“Designated“ Properties – identifies and protects the heritage features of a property by requiring a heritage permit before any renovations or alternations can be initiated. Designation also provides protection from demolition.
“Listed” Properties – Heritage permits or special permissions are NOT required prior to any alteration or addition to the property, and there are no legal restrictions listed on title. When a property is “Listed” it simply provide the municipality with 60 days notice allowing sufficient time for Heritage Centre Wellington staff to make an informed recommendation to council on whether to permit demolition or formally designate a property under Part IV of the Ontario Heritage Act.
It is important to remember that in accordance with the Ontario Heritage Act “Listed” properties cannot become “Designated” without written notice to the owner.
How does the community benefit from a Municipal Heritage Register?
The first step in preserving the heritage resources of our community is to identify and document those properties of cultural value or interest. In addition to providing sufficient time to review demolition permit requests, the Municipal Heritage Register provides several other benefits, including;
- Fostering community identity and pride by drawing attention the valuable heritage features of our community;
- Promoting knowledge and understanding of our community’s shared heritage;
- Providing easily accessible information about cultural heritage value for land use planners, property owners, developers, the tourism industry, educators and the general public; and
- Providing an opportunity to leverage heritage resources to contribute to positive community-building and economic development
How did my property get “Listed” in the Municipal Heritage Register?
Heritage Centre Wellington is a council-appointed citizen-based committee that advises council on heritage matters. The committee that worked with township staff to create the Centre Wellington Municipal Heritage Register by compiling photographs and conducting preliminary research on urban and rural residential commercial and institutional properties across our municipality. This was no small effort and required hundreds of volunteer hours.
Upon compiling this initial list of photos and related research information, the sub-committee then used the following criteria (based on those recommended in the Ontario Heritage Took Kit):
- Design/Physical value – property uniqueness, degree of craftsmanship, artistic merit, material or construction method.
- Contextual – landmark, important in defining maintaining or supporting the character of an area, physically linked to its surroundings.
- Historical/Associative Value – demonstrates or reflects the work/ideas of an architect, builder, designer or other individual significant to the history of the community.
- Integrity – property unchanged or sensitively restored, original character preserved or destroyed.
The above criteria resulted in each property being scored, and based on this scoring, properties were identified as being either ‘A’ or ‘B’
Okay, so what does that mean to me as a homeowner with a property that is now “Listed”(but not designated)?
Owners whose properties have been “Listed” in the Municipal Heritage Register have no added restrictions on future alterations or additions.
Simply put, the owner of a home built in 1850 that has been included as a non-designated, “Listed” property has to go through exactly the same permitting process as the owner of a home built in 2012. No heritage permits or special permission is required prior to any alterations or additions to the property, and there are no legal restrictions listed on title.
The only implication to a property being “Listed” is a 60 day waiting period (up from a 30 day period) prior to any proposed demolition permit application. This extended waiting period allows Heritage Centre Wellington and Township staff to review any possible historic significance of the property before a decision on a demolition request is made.
My property is not included in the Register and I think it ought to be OR I don’t think my property should be included in the Heritage Register – what is the procedure to have my property reviewed?
The Ontario Heritage Act requires that council consult with Heritage Centre Wellington before any non-designated, “Listed” property is added to or removes from the register.
Recognizing that the Municipal Heritage Register is meant to be a “living” document, an open and transparent process has been put in place to add to or remove properties from this list upon further investigation/additional information.
Adding a property – property owners who deal that their property should be added to the register as a non-designated, “Listed” on the register may request Heritage Centre Wellington’s reconsideration of their inclusion. For properties ranked ‘A’ owners are required to submit a Heritage Assessment Report prepared by a Professional Heritage Planner to demonstrate that the property has no architectural, cultural or contextual heritage value or significance. For properties ranked ‘B’ the heritage assessment may be prepared by the individual property owner for Heritage Centre Wellington’s consideration and recommendation to council. Council’s decision shall then be final and binding.
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Market Watch
Farmland Prices on the Rise
Rising agricultural values and tight inventory have pushed the price of Ontario farmland up significantly in the past year. Shortages of quality farmland were observes in most centres studied, with pent-up demand fuelling unprecedented momentum across the province. Shortages have sparked competition and pushed prices up as much as 28% in some acres. With commodities on the upswing and greater export opportunities to supply emerging markets, this trend is expecting to continue and shows growing confidence in the future of Ontario’s agricultural real estate.
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HST Rebates
HOW IT WORKS FOR THE BUILDERS
Builders may continue the same process that they are presently using.
The Agreement of Purchase and Sale would include HST and any rebates would be assigned to the Builder. The application for the rebates would follow the current format. The Buyer would fill out the application form applying for the rebate. The Buyer would then execute a document transferring the rebate to the builder and builder would then remit the net tax with supporting documentation.
It is important to note that the Buyer must qualify for the rebate. This means that the Buyer must be using it as the primary residence. A Buyer who is purchasing a new home as an investment to turn over for a profit might not qualify for the rebate. The Agreement of Purchase and Sale should identify these requirements for the Buyer in circumstances where the Seller will not charge extra. Where the Buyer does not qualify, the Builder will look to the Buyer to reimburse the Seller for the rebate portion of the HST.
The Agreement would be worded to say that the Buyer would not be charged an extra if they qualified. Using this approach is mandatory because of the court cases allowing a deduction if the words “included in” are used and the property is not exempt.
An amendment was created to the legislation on June 19, 2009. If a Buyer was to purchase a new home from a builder, the Buyer would receive a rebate of a portion of the tax for properties that sold for $400,000.00 or less. Unfortunately, until the amendment, if the price was $400,001.00 then the full amount of the tax would apply.
With the amendment, the government recognized that the new home industry would face almost certain devastation. As such, now the government will provide a rebate for seventy-five percent of the tax payable to a maximum of $24,000.00, regardless of the price paid for the property. Consequently, if a Buyer pays $500,000 for a newly constructed home the net tax will be $16,000.000 after deducting the $24,000.00 credit.
Price of Eligible New Home (not including GST or HST) |
GST Portion- New Housing Rebate |
Ontario Portion – New Housing Rebate |
Total Rebates |
| $350,000 | $6,300 | $21,000 | $27,300 |
| $400,000 | $3,150 | $24,000 | $27,150 |
| $450.000 and above | $0 | $24,000 |
$24,000 |