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What does a heritage overlay mean for my property?

Published RapidSiteplan

It means the council has marked the place, or the street it sits in, as having heritage value, and work that changes how it looks has to be assessed for that first. Usually that is a planning approval, decided before the building approval and on different questions: whether the work fits the street, keeps what makes the place significant and uses materials that suit it. Inside the house, most work is left alone unless the listing says otherwise. Demolition, fences, carports, front additions and new openings facing the street are where the overlay bites.

What decides it?

Whether the place is listed on its own or sits in a heritage area changes how closely it is read. A listed house is assessed for its own fabric, so even a change at the back can need approval. A house in a heritage area is read mostly for what the street sees: its front, its roof form, its fence and whatever goes in the front setback. The kind of work matters as well. Repairs in matching materials are treated differently from a new carport in front of the house, and taking down a building or a front fence is often the hardest thing to get through.

Some councils also use character overlays, which protect the look of a street of older houses without listing each one. They work in a similar way: demolition and changes to the street front are read, and the rear of the lot is usually less constrained. The state keeps its own register for its most significant places, and a place on it answers to the state heritage body as well as the council.

Who decides?

The council decides the planning approval, often after its heritage adviser has looked at the drawings, and the certifier gives the building approval afterwards. For a place on the state register, the state heritage body decides too. A conversation with the council’s heritage adviser before anything is drawn saves redrawing later. The post on planning overlays explains how overlays sit on a lot and how to find them.

What goes on the site plan?

The site plan shows the house as it stands, the street boundary, the front setback and the new work with its distance to the street, so the council can see how much of it the street will see. For a heritage application the site plan is one sheet among several. Elevations of the street front, photos of the house and a note of the materials usually go with it.

Reading it for your own lot

RapidSiteplan reads the lot from its address, with the boundaries, the house traced from the aerial photo and the overlays mapped over the block where the state or the council publishes them, so an overlay shows before the design starts. Place the fence, the carport or the addition and the sheet dimensions its distance to the street and every other boundary. The fencing page shows the sheet for front fences, the post on fence heights covers the height question, and the council pages for every state show what each council maps. Start with the address. See the post on the special building overlay.

Common questions

What does a heritage overlay mean for my property? It means the council has marked the place, or the street it sits in, for its heritage value, so work that changes how it looks usually needs a planning approval before the building approval. Demolition, new fences, carports and additions the street can see are read most closely. The council decides, from drawings that show the street side.

Read next

What can I build without a permit in Victoria?In Victoria a small structure can be exempt from a building permit and still need a planning permit What is a complying development certificate in NSW?A complying development certificate is one approval for planning and building, for work that meets every fixed standard in NSW What does DA approval mean?DA approval means the planning authority has agreed to a development application, usually with conditions

General information only, not building or legal advice, requirements vary by council and change over time; always confirm with your council or certifier.

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