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Buying listed buildings: the pros and cons

Heritage protected: Bermuda's listed buildings include well-known icons such as the Holy Trinity Cathedral in the City of Hamilton

Dear Heather,I have seen a house that I absolutely love and want to buy, it is very traditional and needs a bit of work. I am told it’s a listed building, what does that mean?BuyerDear Buyer,Bermuda has a system of identifying and protecting buildings of special architectural or historical interest, these buildings are called “listed buildings”.Bermuda’s architecture is often referred to as one of the island’s only indigenous art forms. Surveys have shown that Bermudians and visitors alike place a high value on the contribution that traditional architecture makes to their enjoyment of the island. This is clearly important in retaining Bermuda’s distinctiveness and attractiveness both as a place to live and as a top visitor destination. The list of buildings of special architectural or historical interest identifies and protects the best examples of our building heritage. The list includes a wide variety of structures, from forts and churches to houses and gateposts.Government decided to implement the formal protection afforded by the Development and Planning Act 1974 in response to Bermuda’s accelerating change of pace. Under section 30 of this Act, the minister has a statutory duty to compile lists of buildings of special architectural or historical interest. At present there are 791 buildings that have the benefit of this statutory protection. This includes well-known icons such as the Holy Trinity Cathedral in the City of Hamilton and three sets of gateposts in St George’s. It also includes lesser-known gems such as Longford in Warwick and Peppercorn in Southampton. In many other parts of the world, such as the US and UK, the careful conservation of important buildings is an accepted and positive part of the planning and development process. Qualifying criteria All of the buildings considered for “listing” are assessed against the following criteria:Architectural interest: buildings that are of importance because of their architectural design, decoration or craftsmanship.Historical interest: buildings that display important aspects of Bermuda’s social, economic, cultural or military history, or that have close historical associations with important people or events. Group value: this refers to a collection of buildings that possesses an important architectural or historical unity (eg Dockyard).Age and rarity: these are important considerations as, the older a building is and the fewer the surviving examples of its kind, the more likely it is to have rarity value.A building may qualify for listing under more than one of these criteria. The initial round of listing began in April 1991 when the Minister of the Environment appointed the Historic Buildings Advisory Committee to assist and advise on the compilation of a draft list. The minister then consulted all owners and occupiers of buildings on the list, giving them the opportunity to comment on, or object to the proposed listing. Every attempt was made to make the listing comprehensive, but it is likely that buildings will continue to be identified for listing in the future. In addition, individuals, community organisations and other bodies can propose buildings for listing at any time, by writing to the minister.How does that affect property owners? If you wish to demolish a listed building, or to alter or extend it in a way that affects its character as a building of special architectural or historical interest, you must apply for planning permission. Even relatively minor works, such as replacing windows, may affect the character of a listed building. It is therefore advisable to consult the Department of Planning before starting such works if you are in any doubt. It is an offence to demolish a listed building, or to alter or extend such a building in a way that would affect its character, without permission. The majority of buildings that are afforded this protection are in private ownership and presently provide, or can be adapted to provide, comfortable homes. The Government recognises this and accepts that there may be pressure to change or add to these homes to adapt them to modern living or to accommodate increased family size. However, the Government is committed to ensuring that when changes such as these are proposed, they are considered very carefully in order to conserve the special architectural or historical character of the building. Such changes have added to the charm of much of our important architecture. The main purpose of listing a building is to ensure that care will be taken over decisions affecting its future and that any alterations respect the particular character and interest of the building. Listing also ensures that the case for the preservation of a building is taken fully into account in considering the merits of any redevelopment proposal. Some owners are pleased that their properties have been listed, and so recognised as part of our heritage. The benefits of owning listed-buildings One of the tangible benefits of owning a listed building is that there are no fees payable for planning applications and building permit applications. For many proposals this will represent a significant cost saving. Owners of listed buildings also have the added benefit of being able to qualify for an interest-free loan from the Minister’s Heritage Fund in co-operation with Butterfield Bank. This can be for up to $100,000 per year, with a loan repayment schedule to a maximum of five years. The applicants would have to receive approval from Government first, and approach the bank thereafter, if they are seeking an interest-free loan. If applicants wanted a “pre-approval” for an interest-free loan and they hadn’t yet received Government approval, the bank can provide one, based on market rates which can be changed once approval is granted.These loans are made available exclusively to owners of listed buildings to help with the cost of maintenance on these much-treasured properties. In addition, the expertise of both the Department of Planning and the HBAC is available, free of charge, from the very outset of a project. Contact the Heritage Officer on 297-7778 to discuss your ideas. They will liaise with the HBAC and advise you and your architect on the best way forward before any costly detailed design work is commissioned. The Department of Planning is also able to advise on all matters pertaining to the repair and maintenance of listed buildings. Some parts of a listed building may be more important than others, and this could be significant if you are thinking of applying for planning permission for demolition or alteration of only part of the building. All of the listed buildings have a listed building record sheet that includes a description of the building. It also refers to any objects or structures, such as outhouses, butteries or boundary walls and gateposts, that form part of the listing. The HBAC will normally be consulted when a planning application is made for any alterations whatsoever to a listed building. Buildings are listed as grade one, two or three (with one being the most important) and HM, for historic monuments such as forts. Generally, there is greater flexibility with regard to alterations to a grade three building than there is with a grade one.*Portions of this article have been taken from Government-issued printed matter.•Heather Chilvers is among Coldwell Banker Bermuda Realty’s leading sales representatives. She has been working in real estate for 25 years. If you have a question for Heather, please contact her at hchilvers@brcl.bm or 332-1793. All questions will be treated in confidence. Read this article on Facebook: Ask Heather Real Estate