Buyers who are interested in purchasing in a proclaimed heritage suburb need to know what they may or may not alter or renovate. They should also understand what is expected of them as set out by the National Resources Heritage Act (Act 25 of 1999).
How old does an area or suburb need to be before it receives national heritage status?
The conditions and criteria regarding when a Heritage Impact Assessment needs to be conducted are set out in the Act and have nothing to do with the age of the site or the heritage status of the site. The Act states that if the development will alter the character of the site, a Heritage Impact Assessment is compulsory—without exceptions or exemptions.
According to the Act, the word “place” is used when referring to a feature of heritage significance. The concept of “cultural significance” or “heritage significance” is used when referring to the status of a feature. Several criteria are employed to determine the cultural significance of a place. These criteria are also supported by several values that are set out in the Act. Age is one of the criteria used to determine the significance of a place, but it is not the only or most significant aspect for determining significance.
According to section 34 of the Act, all man-made structures older than 60 years are protected by the Act. If a site is older than 100 years, it is classified as a site of archaeological significance and needs to be assessed by an archaeologist during a Heritage Impact Assessment. Another category refers to sites and features older than 75 years, specifically those with a military association.
These age criteria refer to all man-made features and would primarily imply anything non-natural, meaning farmsteads, urban areas of any type, size, and function, etc. The only tricky features are vegetation, as they can also have “cultural significance” irrespective of whether they were planted or not.
Do all properties that fall within the proposed development area receive the same status, even those that may have already been refurbished or modernised?
The Act is clear that when a Heritage Impact Assessment is conducted, such an assessment must include all heritage features irrespective of the 60-year age threshold. The heritage consultants must determine the cultural significance of every feature in the area proposed for development (the type of development is defined in Section 38(3) of the Act).
No two sites or features have the same cultural significance, and this level of significance needs to be identified and assessed individually and collectively to determine the heritage status of such a feature and the special context where they occur.
Few man-made features in the world exist in their original form. Buildings and structures must be assessed according to their current condition, including later extensions and alterations. The heritage consultant is responsible for determining the cultural significance of each feature according to its current condition and character. Later extensions and alterations do not disqualify a building or structure from its cultural significance.
What are the fundamental requirements when buying a house that has heritage status? How much of the inside and outside may be changed, and what do you do when upgrading damaged or worn materials such as roofs, nails, and doors?
If a “place” has been proclaimed officially as a site of Provincial or National Heritage status, this will be indicated on the title deed of the property, also indicating the extent of the proclaimed area. Such proclamation is done via publication in the Government Gazette, and reference to this publication and date will also appear in the title deed documents. Any work (demolitions, alterations, and new work) on such property must be submitted to the South African Heritage Resources Agency (SAHRA) in Cape Town for approval.
If a building or structure is older than 60 years and is not recorded in any way in the legal documents of the property, the age can only be determined by investigating the architectural drawings. If these do not exist, the relative dating will be conducted by an architectural historian. Such an assessment needs to be executed using the criteria for such an assessment set out in the Act (the same as for a Heritage Impact Assessment).
When acquiring a building or structure older than 60 years, the Act defines what is meant by “alter” and “alterations”. If the property and buildings are older than 60 years, a so-called Section 34 investigation is required prior to applying for a permit to demolish or “alter” the buildings or structures. The criteria for such an assessment are the same as for Heritage Impact Assessment.
This implies that the appointed architectural expert has the right to make recommendations regarding demolitions and any alterations to the building—interior and exterior. Such a person also has the right to critique proposed designs and design proposals. All proposed alterations must be indicated as a colour overlay on top of the original and “as-built” floor plans and elevations of such a structure as part of the submission to the Provincial Heritage Resources Agency (PHRA).
The scale and degree of renovations and modernisation are determined by the unique qualities of each building and site. The Act does not provide guidelines or hard regulations regarding this aspect of “protection and reuse.” A strong set of ethics guides heritage architects and conservationists in this decision, and they rely on the guidelines and principles of the /COMOS Burra Charter to do so. SAHRA is a signatory to the Burra Charter and uses this charter in its decision-making and assessments.
Does each municipality have different rules regarding heritage status as well as what can and cannot be done without approval?
A by-law must comply with the acts of the country, and the National Heritage Resources Act applies everywhere in the country, even at National Key Point sites. No municipality can override the obligations of the National Heritage Resources Act, except for the Cape Town Municipality. It has the capacity and competence to do as it pleases, as its municipal by-laws regarding heritage management are tighter and more refined than the specifications of the National Heritage Resources Act.
The effectiveness of the application and interpretation of the obligations in the Act depends on the officials at each municipality—resulting in the loss and damage of many heritage sites, buildings, and structures since 2000.
To backtrack slightly, the meaning and definition of “place” need to be checked against the definition in the Act. In practical terms, immovable heritage includes the following (not set out like this in the Act):
- Buildings – all man-made structures with a roof
- Structures – all man-made construction works other than buildings
- Infrastructural elements – roads, water furrows, canals, railway lines, pipelines, telephone lines, electricity lines, and fences
- Activity areas – all open areas considered to be of cultural significance to a group of people (excluding battlefields and cemeteries)
- Vegetation – all planted natural vegetation that is considered of cultural significance to a group of people
What are the consequences of not adhering to the requirements of a heritage property?
It is not the requirements of a heritage property but the requirements of the National Heritage Resources Act that come into play. Even a site younger than 60 years may have “cultural significance.” For this reason, a heritage specialist must be appointed to assess the property or properties prior to planning and design on the site.
Non-compliance with the requirements of the Act involves a legal process, usually starting with stopping the development and the removal of contractors from the site until the full Heritage Impact Assessment process is completed, the proposed development is approved, and the necessary permits have been issued. The extent of the impact assessment process is defined and set out in Section 38(3) of the Act and includes a public participation process.
If a building of cultural significance is demolished without any HIA process, the principal-agent (usually the architect, engineer, or any other professional person by agreement) is the responsible person for such actions. A fine or jail sentence is usually applicable.
A significant aspect to remember is “deliberate decay” or “deliberate neglect,” where a developer or landowner allows a site and buildings to be vandalised and demolished in order to degrade the property to such a degree that nothing is left or becomes so structurally unsound that buildings need to be demolished for health and safety reasons.
