Heritage Conservation Areas

Answer taken from www.heritagebc.ca.

Property value depends on many variables, and heritage status – being on a heritage register, in a conservation area, or designated – is just one of them. Opponents to heritage regulation may say that any restrictions on future use or alterations will make a property less attractive in the market place. In fact, there is no solid evidence to support such a generalization. Alternatively, some studies have shown that residential heritage property actually increases in value faster than other properties, and holds its value better during market slumps.

Answer taken from www.heritagebc.ca.

Municipal and regional governments can create a Heritage Conservation Area, which establishes guidelines within a given neighbourhood or district, and may list individual properties for protection. They may also enter into a Heritage Revitalization Agreement, which is a formal, written agreement between government and a property owner. Heritage Conservation Areas are designated within Official Community Plans and Heritage Revitalization bylaws must be registered with the provincial Land Title Office. A Heritage Conservation Area will often include designated properties and properties on the Community Heritage Register, another tool of local governments. A register is an official list of properties recognized by government as having heritage value or interest, but does not confer legal protection, and is not registered with the Land Title Office.

Answer taken from www.heritagebc.ca.

An often misunderstood term, “heritage designation” in B.C. most often refers to a property protected by a municipal bylaw. The power to designate property as heritage is available to local government under the Local Government Act. There are several hundred municipally designated heritage properties in B.C.

If there is a desire to protect a building with a heritage designation bylaw, government will in almost all cases first attempt to get the compliance of the owner (often called a “friendly” designation). Owners often do comply, and in fact may seek designation if there is the opportunity of financial incentives as a result. In some cases, however, the owner may resist, in which case council may be reluctant to pursue designation, especially if there is a concern that the owner may seek financial compensation, which is possible if a loss in market value can be demonstrated.

Once a property is designated by bylaw, the owner must obtain a Heritage Alteration Permit to make alterations. Designation is generally limited to the building exterior, although since 1994 amendments to provincial heritage legislation made interior designations possible, we are now seeing some of those as well.

A local government heritage program should recognize that some changes to protected heritage property are inevitable. Heritage buildings must be useful and safe like any other. Rather than adopting an inflexible attitude, then, the regulating body (municipal staff, community heritage commission, and council) should work with the owner to implement reasonable and necessary changes, while at the same time protecting the building’s essential heritage qualities.

Designation travels with the title, and must be registered with the provincial Land Titles Office. There is no reason for anyone to buy a protected heritage property unaware.

A prospective buyer of a designated heritage property should check with the local planning department to get the details of the designation bylaw, and particulars about the municipal heritage program. In some cases, financial incentives may be available.

It is common in many communities with well-established heritage programs to place plaques on designated heritage buildings. This has been the source of some confusion about the purpose of designation. While many designated buildings are in fact some of the grandest in town, designation is technically not a form of commemoration. However, local government may choose to use it in this way. To further add to the confusion, the federal government uses the term “designation” for commemorative purposes, as when it creates a National Historic Sites. Federal designation confers no legal protection. The provincial heritage minister can also protect heritage property through designation, but generally prefers to leave such decisions to the local level.

Hi Christopher, We have heard similar comments from a few folks on Forestbrook. The area that is included is up for discussion and the City is looking for input from residents. We hope that you will complete the survey when it is available on Jan. 31 and share this feedback formally. 

We recognize that some houses have been renovated significantly. The new guidelines will not require you to do anything to your house. If in the future you do decide to rebuild or renovate significantly, then you would need to apply for a Heritage Alteration Permit and demonstrate how you are meeting the guidelines, should they be adopted as part of the OCP.

Hi there, The interest in celebrating Penticton's heritage through the OCP was a common theme through all of the engagement activities. These areas were identified by Penticton residents (including several homeowners in these areas) and the OCP Task Force as having heritage qualities that could be celebrated and protected through the OCP. Staff put forward these streets based on this input and touring the streets to see which ones still have the heritage character largely intact. The City is now reaching out to homeowners of these streets through direct mailouts and other means to involve them in the conversation. Through this process, the City wants to hear from homeowners specifically to see if there is interest in formalizing the character of these neighborhoods. Revising the area is an option. Please consider attending the information sessions and completing the survey available Jan. 31 to share your views.

Manor Park Avenue has not identified as a potential Heritage Conservation Area prior to now either in our public engagement or in the City’s review of possible areas. However, if there is interest and there is a strong heritage rationale (which is required to create an HCA by the Local Government Act), it can certainly be explored. It is also possible to create Heritage Conservation Areas in the future and add them to our Official Community Plan.