The new State Heritage Register lists items of particular importance to the people of NSW. But what are the legal, planning and management implications of listing? Heritage NSW looks at what it means when a house or property is listed on the State Heritage Register.
What is a heritage listing?
A heritage listing is recognition that your property is of heritage significance and is a place that we value for future generations. Heritage lists include buildings, places, works, relics, movable objects and precincts.
In NSW statutory protection is provided by listing items on the State Heritage Register and local environment plans produced by local councils.
Non-statutory heritage lists are produced by community organisations such as the National Trust and the Royal Australian Institute of Architects. These lists provide an authoritive statement and can function as an alerting device, but do not impose any legal obligations on owners.
What is the State Heritage Register?
The State Heritage Register is a list of places and items of particular importance to the people of NSW. The Register was established by the amendments to the NSW Heritage Act and commenced on 2nd April 1999.
Only items of State heritage significance are listed on the State Heritage Register.
The State Heritage Register includes all items formerly protected by Permanent Conservation Orders and items identified as State significant by State government instrumentalities.
The Register forms part of the State Heritage Inventory, an electronic database of all statutory-listed heritage items in NSW.
How do I find out if my property is listed on the State Heritage Register?
Anyone can access information on the State Heritage Inventory or State Heritage Register to check the listing status of an item or place. No special expertise is needed to use the electronic database. If you have an Internet connection you can access the State Heritage Inventory through the NSW Heritage Office homepage.
- Open the Heritage Office Home Page at www.heritage.nsw.gov.au
- Select Heritage Listings
- Select Search State Heritage Inventory and State Heritage Register.
Alternatively, staff at the NSW Heritage Office can help with any enquiries about listings on the State Heritage Register.
What incentives are available to owners with items on the Register?
A listing on the State Heritage Register means that the heritage item or place is eligible for financial incentives. It entitles owners to:
- access to funding under heritage funding programs run by the Heritage Office, including funding for the preparation of conservation management plans to assist in their management;
- access to Commonwealth funding where state listing may be a requirement;
- an automatic heritage valuation for the purposes of land tax and local rates;
- potential stamp duty, land tax and local rate concessions where a heritage agreement has been entered into.
Dennis McManus or Victoria Throp at the Heritage Office on (02) 9849 9576/577 can provide further information and guidance on financial incentives and other support services.
How does listing on the Register affect my property?
Listing on the State Heritage Register is a way of ensuring that any proposed changes to heritage items and places respect and retain those qualities and characteristics that make the heritage item special.
Listing on the State Heritage Register does not necessarily mean that owners cant make changes to their property. In fact, if the proposed work is approved and carried out in a way which respects the heritage significance of an item or place, it will often add to the value of the property.
Approval is needed for:
- any demolition
- alterations
- extensions
- new structures
- change of use
- subdivision
- removal of certain kinds of vegetation
- major changes to significant interiors
- disturbances of relics or landscapes.
How do I get approval to carry out the work?
Before undertaking any work, it is recommended that you contact the Heritage Office. If your property is listed on the State Heritage Register you will need to submit a Section 60 application to the Heritage Council for approval. Section 60 application forms are available from the Heritage Office on
(02) 9635 6155.
Alternatively, where the approval of local council is required, you can submit an Integrated Development Application (IDA) to local council. The council will then refer it to any State government approval bodies, such as the Heritage Council, which need to approve the proposal.
Note: A Section 60 application containing more detail may need to be submitted after an IDA is approved.
