Last week we started our legal section off by giving some case studies to show the impact law has had on the field of historic preservation. This week we will dig a little deeper into property rights and clarify where that line is between citizen and government when it comes to historic properties.
To be clear we are not talking about intellectual property rights, a topic that has been getting a lot of press lately. We are talking about real estate. For sake of clarity we will focus on buildings in this post rather than open land or nature preserves.
As we established last week, local landmark ordinances were founded on a law referencing property rights. The idea of a “taking” found presence in the Penn Station case, the reaction to which was the forming of landmark commissions. The goal of any landmark commission is to preserve significant buildings and maintain the historic character of neighborhoods.
There are many different factors that influence how a property is regulated. As with all real estate, the most important factor is location!
If a property is located in a historic district it is going to have a set of guidelines tied to what you can and can’t do with it. In most cases your real estate agent will tell you when a property is located in a historic district, and the best ones will use it as a selling point – more on that later. If the building is located in a historic district it is associated with a theme. The job of the local historic preservation commission is to ensure that the district retains its character and exemplifies the theme, therefore they review any and all work done to properties within the historic district. The thing that allows them to review work done on your property is the landmark ordinance.
What are 5 things, concerning your historic property, that will likely prompt a rejection from your local landmark commission?:
1. Putting an addition on the public-facing facade of your building
2. Change roof lines on the public-facing facade of your building
3. Change window configuration on the public-facing facade of your building
4. Paint your building a color that was not able to be produced at the time your building was built
5. Change the cladding material on the public-facing facade of your building
This is not an exhaustive list, but you get the point. The common theme here is what can be seen from the public right-of-way shouldn’t be messed with. Historic Districts are usually based on themes such as a great example of such-and-such architectural style or exemplary of this time frame or building type. The main things that give buildings character are their windows, roof lines, cladding material, ornamentation and paint, so changing any of those is not cool with the commission.
What does this list not include? Interiors. You can open your kitchen into your dining room into your living room for an open concept. You can combine that tiny 5th bedroom into that tiny bathroom to create a master bathroom.
And what happens if you don’t follow the word of the preservation commission? Nothing. Well… almost nothing. Your neighbors probably won’t be very happy with you. Your property will likely be excluded from the historic district, causing you to miss out on tax incentives.
Oh, did we forget to mention that? That is the whole point of landmarking buildings (besides protection) – to incentivize their upkeep. More on that next week.