The Homeowner’s Guide to Heritage Homes

Living in a home steeped in history holds a unique charm. But before you get swept away by the nostalgia and palpable sense of connection to the past, it’s important to understand the flip side of owning a heritage property – the legalities and implications. Whether you’re dreaming about buying one, or you’ve just come into an unexpected inheritance, there are a number of forces that will govern how you can manage, renovate, or even sell the property.

 

What is a heritage property?

A heritage property is a structure or site considered significant due to its cultural value. This value can be aesthetic, architectural, historical, scientific, social, spiritual, linguistic, or technological.

 

The National Heritage Resources Act (NHRA) of 1999 is the legislation involved in protecting our national treasures. It does this by:

• Identifying heritage sites: The NHRA helps to find and recognise places with importance due to their cultural value.
• Classifying heritage sites: It divides heritage sites into different categories based on their importance. These categories are Grade I, Grade II, and Grade III.
• Protecting heritage sites: The NHRA sets rules to protect heritage sites from damage or destruction, including rules that restrict altering, renovating or demolishing heritage properties.
• Regulating heritage activities: The NHRA regulates activities like construction, excavation, and research, requiring individuals to obtain permits before undertaking these actions.
• Enforcing the law: The NHRA has the authority to penalise individuals who violate regulations by damaging or destroying heritage sites.

 

When does your home become a heritage property?

The NHRA protects all structures over 60 years old, including their fixtures and fittings. However, simply reaching the 60-year mark doesn’t automatically make your home a declared heritage site.

 

How to check your property’s age and heritage status 

• Municipal plans – Check with your local municipality for the original building plans, which will contain the construction date.
• Provincial Heritage Resources Authority (PHRA) – These provincial bodies maintain heritage registers listing declared sites. You can contact your PHRA to verify your property’s status.

 

The Role of SAHRA and PHRA

• South African Heritage Resources Agency (SAHRA): This national body oversees heritage management in South Africa.
• Provincial Heritage Resources Authority (PHRA): Every province has a PHRA responsible for identifying, protecting, and conserving heritage sites within their jurisdiction.

 

Grades of heritage classification

The NHRA classifies heritage sites into three grades:

1. Grade I: Sites of national significance, such as the Union Buildings in Pretoria, which receive the highest level of protection.
2. Grade II: Sites with provincial significance, like St. George’s Cathedral in Cape Town. Protection regulations are still rigorous but may be slightly less stringent than Grade I.
3. Grade III: Sites with local significance, deemed important for conservation. These often face less stringent regulations.

 

My home qualifies as a heritage site – what now?

While your property may be over 60 and protected under the NHRA, it might not be a declared heritage site yet. If you believe your home holds cultural significance, you should apply to your PHRA for formal designation. They will evaluate the property’s aesthetic, architectural, historical, and other cultural values.

 

The pros and cons of owning a heritage property

Pros:

• Preservation allows you to become a steward of a piece of history.
• Protected areas provide stability, as they are less likely to be rezoned for development.
• Heritage properties often hold higher resale values, increasing their financial appeal.
• Financial assistance, such as loans or grants, may be available for maintenance and restoration.

Cons:

• Renovation restrictions require you to obtain approval from heritage authorities before making modifications.
• The approval process for development plans can be longer due to stricter scrutiny.
• Demolition restrictions mean that complete demolition is rarely permitted.
• Obtaining home insurance for a heritage property may be difficult or more expensive.

 

Renovating or altering your heritage property?

If you plan to modify, demolish, or develop your heritage property, there’s an additional administrative approval hoop for you to jump through, and you will need a permit from the relevant heritage authority to ensure that any changes are made with respect to the property’s historical and cultural significance.

 

Failure to obtain a permit before altering a declared or provisionally declared heritage site can lead to penalties, so it’s not something to play fast and loose with.  These penalties can include substantial fines, depending on the severity of the offence. You may be ordered to restore or reconstruct the heritage property to its original state, and severe violations of the NHRA can lead to criminal charges.

 

Owning a heritage property comes with unique responsibilities, but it also allows you to be a part of preserving South Africa’s rich history. Weighing the pros and cons will go a long way to helping you make an informed decision about owning a piece of the past.

 

Let us handle your heritage property

Owning a heritage property is both a privilege and a responsibility, offering a unique connection to South Africa’s rich cultural past. However, working around the legal complexities of heritage regulations can be daunting. At Hammond Pole, our experienced attorneys are here to guide you through every step – whether you’re looking to buy, manage, or renovate your heritage home.

 

Blog By: Neil Mc Kinon
Neil Mc Kinon – NeilM@hammondpole.co.za