Toronto's hard lofts are, by definition, buildings that had a life before housing. Many sit in former industrial areas the City has studied for heritage value. Heritage status is governed by the Ontario Heritage Act, and it comes in three forms that are often confused.
1. Listed on the Heritage Register
A property can be listed on the City's Heritage Register without being designated. Under s.27 of the Act, the owner of a listed (non-designated) property must give the City at least 60 days' written notice before demolishing or removing a building on it. Listing does not, by itself, require permits for alterations.
2. Individually designated (Part IV)
A designation by-law under Part IV describes the property's heritage attributes. Under s.33, an owner may not alter the property in a way likely to affect those attributes without applying to the City and receiving consent. The by-law is registered on title, so your lawyer will see it in a title search.
3. Inside a Heritage Conservation District (Part V)
A Heritage Conservation District (HCD) covers an area rather than a single building. Under s.42, an owner in a designated district needs a permit to alter any part of the property other than the interior of a building, to erect a building or structure, or to demolish one, subject to whatever exceptions the district plan sets out.
The King-Spadina HCD, which covers much of the area around King Street West and Spadina Avenue, was designated by By-law 1111-2017 with a district plan, and Council adopted a revised plan in 2022. If you are looking at lofts in or near King West, check whether the address is inside the district boundary and whether it is a contributing property.
What it means inside a loft condominium
- Interior work in your unit is generally outside the Part V permit requirement, but it still needs any building permit the work requires, and the condominium's declaration, by-laws and rules still apply.
- Exterior elements such as windows, masonry and storefronts are usually common elements, so changes are the corporation's decision and, where heritage rules apply, may need heritage approval.
- Heritage-sensitive repairs to old masonry or original windows can affect the reserve fund plan. It is reasonable to read the reserve fund study with that in mind.
How to check a specific building
Search the address on the City's Heritage Register and ask your lawyer to look for a registered designation by-law. The loft catalogue on this site records original uses and conversion years, but it is not a record of heritage status, and nothing here should be read as saying a given building is or is not designated.