Heritage Permits

According to the Ontario Heritage Act, no owner of a designated property shall alter the property or permit the alteration of the property if the alteration is likely to affect the property’s heritage attributes, unless the owner applies to Hamilton’s City Council and receives written consent. This consent is obtained through a Heritage Permit and is administered by Heritage staff in the Planning and Economic Development Department.

Heritage Permits are required for all individually designated properties (under Part IV of the Ontario Heritage Act), where the proposed alteration affects the property’s heritage attributes as described in the designation by-of a Heritage Conservation District (under Part V of the Ontario Heritage Act). To determine whether or not your property is designated, please refer to the City of Hamilton, Heritage Planning website or contact Heritage staff. There is no application fee for a Heritage Permit.

A Building Permit, Sign Permit or certain other City approvals will not be issued for a property that is designated under the Ontario Heritage Act until the applicant has received an approved Heritage Permit.

A Heritage Permit should not be confused with a Building Permit that is required under the Building Code Act.

The information required varies depending on how you want to alter your property.

As a minimum you should be prepared to provide:

• Plans and Elevation Drawings, to scale, of the existing and/or proposed building(s) or structures, including:
  • Overall dimensions;
  • Specific building elements (signs, windows, awnings, etc.); and,
  • Construction materials and details.
• A Survey/Site Plan: an accurate plan of the property showing its area and boundaries, as well as the footprints of all existing buildings, driveways, and major landscape features;
• Photographs: overall photographs of the property and photographs of the specific area you wish to alter (electronic copies are encouraged). Additional photographs of the  streetscape (showing the existing site and adjacent buildings) should be included wherever possible and when applicable;
• Catalogues, product samples and/or paint chips showing the products to be used; and
• Applications for restoration of original features can also be supported with research or historical documentation, including archival photographs of the property, or pictures or plans of similarly styled buildings.

For large and complex construction activities, the applicant should seek assistance from an architect, architectural technologist, or others familiar with heritage buildings.

It is highly recommended that applicants meet with staff to discuss their application prior to submission, as this may save significant time in the application process. If in doubt about the heritage status of your property and/or if a Heritage Permit is required, please contact staff. We are here to help.

Providing all of the requisite information and completing the application form in full will also expedite the approvals process. An incomplete application cannot be processed and the official notice of receipt (as required under the Ontario Heritage Act) will not be issued until all of the documents have been submitted and the application is complete. The submission of electronic copies of drawings and photos, in addition to hard copies, is also encouraged.

Heritage staff are available to meet with applicants to review all documentation prior to the formal submission of an application. Consultation with the Heritage Permit Review Sub-committee or the Cross Melville Heritage District Advisory Committee prior to formal submission of an application is encouraged, particularly for complex projects, such as the construction of a new building in a Heritage Conservation District or additions to existing structures.

When you submit an application, staff will review the application and the supporting documentation. Once the application is considered to be complete, staff will issue an official notice of receipt as required by the Ontario Heritage Act.

After Submission

• A brief summary of the application is included on the agenda for the monthly meeting of the Heritage Permit Review Sub-committee or the Cross-Melville Heritage District Advisory Committee. Applications must be received at least two weeks prior to the meeting date.
• Applicants and/or their agents are encouraged to attend the committee meeting(s) to explain the application and answer any questions.
• Following review by the Heritage Permit Review Sub-committee or the Cross-Melville Heritage District Advisory Committee a decision is made to approve, approve with conditions or deny the application and the applicant is notified in writing. The decision is made by:
  • Staff - the approval of minor alterations is delegated to the Director of Planning; or
  • Council - for the approval of complex applications, applications for demolition and applications for new buildings or structures or if the staff recommendation is for denial.
  • Under the Ontario Heritage Act, a decision must be made within 90 days of issuing a notice of receipt.
• The issuance of a Heritage Permit under the Ontario Heritage Act is not a waiver of any of the provisions of any by-laws of the City of Hamilton, the requirements of the Building Code Act, the Planning Act, or any other application legislation.

The City of Hamilton’s Heritage staff and the volunteer review committees endeavour to arrive at a satisfactory solution for each Heritage Permit application. Discussions with the applicant along with minor revisions to the application usually result in successful applications. Pre-submission consultation with staff and the volunteer review committees can identify these issues prior to the initiation of the formal process.

However, if the municipality denies an application, the applicant can appeal the decision to the Conservation Review Board (for alterations to individual properties designated under Part IV of the Act) or the Local Planning Appeal Tribunal (for demolition of individual properties designated under Part IV of the Act or for any work to property in a Heritage Conservation District under Part V of the Act).

Undertaking work without an approved Heritage Permit is an offence and the Ontario Heritage Act allows for financial and other penalties. Anyone convicted of contravening the Act may receive a maximum fi ne of $1,000,000. In addition, the Act allows the Council of the municipality the option of restoring the property, building or structure to its previous condition and to recover the cost of this restoration from the owner.