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    • Starting a Small Business
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Heritage Properties

Heritage Permits

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Contact Us

Heritage Planning
[email protected]

Monday to Friday 8:30 am to 4:30 pm

Red-brick gate post, contrasting with an adjacent old cobblestone wall that has been repaired and repointed
Masonry Restoration

Historic buildings are often constructed with limestone, clay brick, stone, cast stone & concrete materials that require proper conservation.

View Masonry Restoration Guidelines

The City of Hamilton is able to manage physical changes to properties designated under the Ontario Heritage Act through the Heritage Permit process.

Not sure if your property is designated? Check the City’s Cultural Heritage Resource Mapping.

What is a Heritage Permit?

A Heritage Permit is required for any alteration, new construction or demolition affecting the cultural heritage values identified within a By-Law that designates individual properties under Part IV of the Ontario Heritage Act. Similarly, a Heritage Permit is also required for exterior alterations to structures and property, including construction and demolition, for any property located within the boundaries of a Heritage Conservation District, as designated by By-Law under Part V of the Ontario Heritage Act.

There is no fee for a Heritage Permit Application.

Applicants are encouraged to contact staff early in their project planning to confirm any Heritage Permit requirements.

Heritage Permit Guide & Review Subcommittee

Guide to Heritage Permits
Heritage Permit Review Subcommittee

The Province of Ontario, through the Ontario Heritage Act, has enacted legislation to assist with the protection and conservation of the Province’s heritage resources. The City of Hamilton has over 240 individually designated properties and seven Heritage Conservation Districts, which include another 360 properties.

Once a property is designated under the Ontario Heritage Act, the City is enabled to manage physical changes to these heritage resources through the Heritage Permit process. The Heritage Permit process allows the City to review site-specific applications to determine how the proposed changes to the property may enhance or adversely affect the integrity of the heritage resources.

There are two types of adverse effects to heritage resources: changes that result in the damage or loss of heritage features or materials; and, changes that result in the disruption of the overall character of the heritage resources.

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.

Examples of typical alterations that require a Heritage Permit:

  • Additions to the portions and elevations of individually designated heritage buildings as described in the designated by-law;
  • New construction within a Heritage Conservation District;
  • Demolition of all or part of individually designated heritage buildings;
  • Demolition of buildings and structures within a Heritage Conservation District;
  • Masonry cleaning and repointing;
  • Replacement or installation of new windows, doors, cladding material (vinyl, aluminium, stucco, masonry veneers, etc.), roofi ng materials, soffits, eaves troughs, and down spouts;
  • Porch/verandah or chimney reconstruction or construction;
  • Installation of dormers, skylights, awnings or shutters;
  • Installation of signage to a designated façade or on property in a Heritage Conservation District;
  • Installation of temporary/removable storm windows and doors;
  • Installation of vents, satellite dishes, meters, utility boxes, A/C units, etc.;
  • Painting of previously unpainted masonry or wood cladding;
  • Removal of architectural decorative details defined in the Reasons for Designation/Heritage Attributes;
  • Major landscaping alterations, including the erection of fences, grading, driveway widening, introduction of new parking and the installation of a swimming pool, on Part IV designated properties where they affect the Reasons for Designation/Heritage Attributes and within a Heritage Conservation District;
  • Removal of materials for testing or testing of new materials and repair methods for any of the above; and,
  • Installation of scaffolding and railings attached to a building or structure.

As a general rule, alterations to heritage properties should repair rather than replace original features, and should not permanently damage heritage materials and construction methods. Where replacement of materials or new construction is necessary, these should match or be compatible with the original. Reversible alterations that allow for the future restoration or reinstatement of heritage features are also preferred.

Examples of alterations that do not usually require a Heritage Permit:

  • Any interior alterations, unless interior elements are specifi cally defined in the Reasons for Designation/Heritage Attributes or if interior work will affect the external appearance of the property;
  • Structural repairs, unless they affect the external appearance of the building or overall structural integrity;
  • Painting, unless on previously unpainted masonry;
  • Continuing maintenance or small repairs with the same materials such as, repairs to soffi ts, weather stripping, eavestroughs, and downspouts;
  • Replacement of cladding material or roof treatments with the same materials, scale and dimensions (e.g. asphalt shingles with asphalt shingles, or wood siding with wood siding);
  • Repair of broken window glass;
  • Repairs to an existing fence, unless specifi cally defined in the Reasons for Designation/Cultural Heritage Attributes;
  • Planting and/or removal of minor vegetation; and
  • Replacement and repair of driveways and walkways with the same materials.

It is always best to contact Heritage staff directly to confirm if your specific project can proceed without a Heritage Permit.

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.

All Heritage Permit applications are reviewed at the monthly meetings of the Heritage Permit Review Subcommittee. Meetings are held on the third Tuesday of each month.

Application Due Date (By 4:30 PM) Meeting Date
November 29, 2022 December 13, 2022
January 3, 2023 January 17, 2023
February 7, 2023 February 21, 2023
March 7, 2023 March 21, 2023
April 4, 2023 April 18, 2023
May 2, 2023 May 16, 2023
June 6, 2023 June 20, 2023
July 4, 2023 July 18, 2023
August 1, 2023 August 15, 2023
September 5, 2023 September 19, 2023
October 3, 2023 October 17, 2023
October 31, 2023 November 14, 2023
November 28, 2023 December 12, 2023

Applications in the Cross-Melville Heritage Conservation District in Dundas are also reviewed by the Cross-Melville Heritage Conservation District Advisory Committee before being forwarded to the Heritage Permit Review Subcommittee. Cross-Melville HCD Advisory meetings are called as required.

Heritage Permit Application

Alteration or Demolition of Property Designated under Part IV or Part V of the Ontario Heritage Act

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 without a Heritage Permit.

A Building or Sign Permit will not be issued until you receive an approved Heritage Permit.

Owner Contact Information
Owner Contact Information
Applicant/Agent Contact Information
Applicant/Agent Contact Information
About the Property
Is the property different than the owner address?
Maximum 2 files.
100 MB limit.
Allowed types: jpg, pdf, doc, docx.
I solemnly declare that I am the Owner or the Authorized agent of the above named designated property and that all the information and statements provided in this application form and on the drawings and specifications are to the best of my knowledge and belief true and I make this Solemn Declaration conscientiously believing it to be true, and knowing it is of the same force and effect as if made under oath, and by virtue of The Canada Evidence Act.

Notice of Collection

The City of Hamilton collects Personal Information as defined by the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.M.56, as amended under the legal authority of Section 33(2) and Section 42(2.2) of the Ontario Heritage Act. Any personal information collected as part of this application will be used for the purposes of administering the heritage permit application and ensuring appropriate service of notice of receipt and/or complete application under Sections 33(4) and 42(3) of the Ontario Heritage Act, as applicable.

The names of owners and/or applicants, and the documentation submitted in support of the application process, will be publicly distributed, online or by other means, on the agenda(s) for the Cross-Melville Heritage Conservation District Advisory Committee, Heritage Permit Review Subcommittee and/or Hamilton Municipal Heritage Committee, as applicable, and discussed at the related meetings which are livestreamed and recorded.

By providing your email address, you are consenting to receiving emails from the City of Hamilton and/or their agents/contractors for the application for a Heritage Permit. Information collected for this initiative may be stored on servers located in Canada and the United States and may be subject to Canadian and/or American laws. Questions about the collection of this personal information can be directed to Manager of Heritage and Urban Design Section, Planning Division, Planning and Economic Development Department, City of Hamilton, 905-546-2424 ext. 7557.

 

Date modified
October 06, 2022
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