Heritage Conservation Areas: Maintenance

Maintenance standards establish minimum requirements for the care and maintenance of heritage properties within the heritage conservation area (HCA). Heritage site maintenance standards can also be used for the care and maintenance of real property, both land and improvements, that are designated.

While the Standards and Guidelines offers an accepted practice and standard in Canada (source), the local government will establish maintenance standards that are specific to the character-defining elements and values of the HCA. Different maintenance standards may be established for different types of protected properties within an area.

Heritage site maintenance standards are intended to:

• Communicate to property owners the minimum maintenance expectations that have been established for the area;
• Ensure that properties are maintained (at least) to an acceptable level or condition;
• Enable local government to apply to court for a maintenance order.

Maintenance standards may also be used as a condition of grant funding, which could be part of the local government’s incentive package.

An example of maintenance standards in use:

A heritage conservation area is established by local government in a historic residential area. The local government adopts, by bylaw, maintenance standards for the buildings in the area. An important historic building, left vacant for many years, is at risk of being “demolished through neglect” and is a danger to passersby. The local government applies to the Supreme Court for an order of compliance with the maintenance standards. The order is granted, but the owner refuses to undertake the required work. Consistent with the terms of the court order, the local government undertakes the required work and the owner is required to reimburse the local government.

A local government provides grants to property owners for the restoration of their commercial buildings. As a part of the management of the grant program, the local government identifies a need to establish maintenance standards for buildings that receive funding. Local government contracts with a qualified heritage consultant to draft the maintenance standards, and adopts the maintenance standards by bylaw. Buildings subject to the maintenance standards are monitored for compliance.

(source)

The basic process:

• Local government establishes criteria to identify those classes of properties subject to heritage site maintenance standards. Only properties that are designated or are within a heritage conservation area may be subject to heritage maintenance standards. Maintenance standards do not apply to properties that are only on a community heritage register.
• Local government drafts heritage site maintenance standards.
• Local government adopts, by bylaw, heritage site maintenance standards, and communicates maintenance expectations to property owners.
• Local government monitors properties subject to the maintenance standards and, if necessary, enforces the standards. A heritage inspection may be ordered to verify that the maintenance standards are being met.

Enforcement provisions for maintenance standards include application by the local government to the Supreme Court to order the property be brought up to the required standards.

(Source: Heritage Conservation: A Technical Manual for Local Governments)

Heritage Conservation: A Community Guide offers two examples

1. A heritage conservation area is established by local government in a historic residential area. The local government adopts, by bylaw, maintenance standards for the buildings in the area. An important historic building, left vacant for many years, is at risk of being “demolished through neglect” and is a danger to passersby. The local government applies to the Supreme Court for an order of compliance with the maintenance standards. The order is granted, but the owner refuses to undertake the required work. Consistent with the terms of the court order, the local government undertakes the required work and the owner is required to reimburse the local government.
2. A local government provides grants to property owners for the restoration of their commercial buildings. As a part of the management of the grant program, the local government identifies a need to establish maintenance standards for buildings that receive funding. Local government contracts with a qualified heritage consultant to draft the maintenance standards, and adopts the maintenance standards by bylaw. Buildings subject to the maintenance standards are monitored for compliance.

This guide provides an overview of Heritage Conservation Areas through research and commentary. Application of this heritage conservation tool is not prescriptive, as it can be adapted to each situation. Local governments and regional districts wanting to implement the heritage conservation tools should seek legal counsel as required.

SPECIAL NOTE: It is intended this guide will develop through community input. If you have best practices and case studies that would benefit this guide, please contact Heritage BC.