Owning a Heritage PlaceIf you are, or think you might be, the owner of a heritage place, then you have come to the right place. This section of the website provides information for owners and potential owners of heritage places. For general information about heritage, levels of heritage listing, and how it is managed in South Australia see Overview of Heritage in SA.
Is my property listed?Places that have been confirmed or interim listed in any National, State or Local heritage lists are included in the South Australian Heritage Register, a database maintained by the Heritage Branch of the Department for Environment and Heritage (DEH). To check if your place is listed, contact the Heritage Branch on (61 8) 8124 4960 or by email. Internet access to the SA Heritage Register database is currently not available. However for State Heritage Places the following fields are available on the Australian Heritage Places Inventory (AHPI) website:
For some places a statement of heritage significance is also included. In the future the AHPI coverage will be expanded to include local heritage places. The process of uploading data to the AHPI is automated and occurs fortnightly. Note that the default settings of the AHPI search page are to search all Registers and all States, so you need to scroll down and set the State and Source fields to meet your requirements. What are the benefits of heritage listing?Importantly, any place entered in the SA Heritage Register remains the property of the owner. The public does not gain any right of access to the place. Benefits of heritage listing can include:
How will listing affect me?Can I make changes to my place?As with any property, heritage places can be altered or developed, but it is first necessary to obtain development approval. The Development Act 1993 requires that any 'development' must be approved by the relevant planning authority (usually the local Council). For State Heritage Places, some additional types of work require development approval (eg. non-structural alterations, painting and other conservation work such as re-roofing or salt damp repair). When planning alterations or additions, the heritage significance of the place needs to be considered. This can mean avoiding new construction of inappropriate scale and form, or not using particular materials or finishes. Approval is generally not given to completely or substantially demolish those parts of a listed property that contribute to its heritage significance. Note however that the development approval process may take a little longer. Development applications affecting State Heritage Places are referred to the Heritage Branch, and the Development Act allows the assessment period to be extended by up to six weeks. Will the property's value be affected?Probably not. Some people fear that heritage listing will reduce their property's value. This may be the case when an old building is being used for a purpose well below the most commercially valuable use permitted by the zoning: for example, a cottage in a commercial zone on a major road. These cases are not common. A house in a residential zone should not suffer any loss in value. It may even experience a rise because of the certainty of knowing its heritage character is protected, and this benefit can flow on to nearby properties because the listing helps to protect the character of the streetscape. Further reading: Will insurance premiums be affected?Heritage status, on its own, should have no effect on insurance premiums. Insurance cover should reflect the age, construction and condition of the building, regardless of heritage listing. It is a common misconception that, if a heritage place is destroyed, the owner will be required to rebuild it to its original form. In reality, total destruction usually means its heritage value will be lost, and will not be regained by building a replica. There is no legal requirement to rebuild a place destroyed in accidental circumstances. In cases of partial damage, the retention of elements that contribute to a place's heritage value is encouraged. Each situation is evaluated according to its merits. Generally speaking the value of a place will be best retained by carrying out repairs in a manner sympathetic to the original construction, regardless of whether the place is heritage listed or not. For information about heritage-friendly insurance companies, contact the Heritage Branch. Is demolition permitted?Not normally. If demolition is thought to be necessary, a development application would need to be lodged with the local council explaining the reasons in detail. Are there penalties for carrying out work without approval, or demolishing a State Heritage Place without approval?Demolition or other unapproved development, damaging or reducing the heritage value of a State Heritage Place, or ignoring a Stop Order, are serious offences. Penalties are provided for in both the Development Act 1993 and the Heritage Places Act 1993. Am I required to carry out special maintenance?The Heritage Places Act 1993 requires people to take 'reasonable care' of a State Heritage Place. As with any property, it is in the owner's interest to carry out ongoing maintenance and repair work to protect the value of the property and avoid expensive remedial work. Is it necessary to employ qualified professionals or tradespeople to carry out building work?There is no legal requirement to do so. However, it makes sense to use experienced professionals and tradespeople when undertaking conservation work. This will protect the heritage significance of the building and help to safeguard the property as a financial investment. The Heritage Branch or local heritage adviser can often refer owners to skilled tradespeople. Who should I contact in the case of accidental damage, such as fire, flood or earthquake damage?Contact the Heritage Branch and your local council as soon as possible. If a building is not structurally sound or secure the owner will be given immediate approval for stabilisation and repairs. What financial help is available?Owners of State Heritage Places can apply for SA Heritage Fund Grants. Assistance may be provided to conserve those aspects of a place that contribute to its heritage significance, but not for new development. Conservation Plans can also be funded. Other sources of funds and incentives become available from time to time, so it is always worth phoning the Heritage Branch for advice or checking the Grants page on the Heritage web site. Where can I get advice?DEH Conservation Architects offer free advice to owners of State Heritage Places on maintenance and repair work. There are also Heritage Advisers in some Council areas who will assist owners of local or State Heritage Places with conservation advice. See the list of Councils with Heritage Advisory Services. DEH also produces publications containing practical conservation advice on issues such as painting, rising damp, cleaning stone masonry and devising a maintenance check list. Some publications can be downloaded from the publications page on the Heritage web site. Printed copies of some publications are available through the Department for Environment and Heritage Information Line on (61 8) 8204 1910. What is the difference between State and Local listing?
More information How are places entered in or removed from the SA Heritage Register?How are places nominated for the SA Heritage Register?Individuals or organisations can nominate a place for entry as a place of State significance in the South Australian Heritage Register. The nomination form (50Kb PDF) is available on-line or by contacting the Heritage Branch. DEH also assesses the heritage resources of South Australia through a systematic program of heritage surveys. Does an owner have any say in the registration process?DEH Heritage Branch staff, acting on behalf of the SA Heritage Council, discuss proposed heritage listings with property owners well before the listing process is commenced. A letter is first sent to the owner offering to discuss the proposed listing. If the SA Heritage Council then decides to provisionally enter the place in the Register, it must write to the owner setting out reasons why it considers the place is of heritage significance. The SA Heritage Council must also publicly advertise the provisional entry and inform the Heritage Minister and the local Council. After a place is provisionally entered in the Register, a period of three months is given to owners and other interested parties to consider the proposal. Any person may make a written submission for or against the entry of a place in the Register, and may then be heard in person by the SA Heritage Council if they wish. If, after this process, the provisional entry in the Register is confirmed against the owner's wishes, she/he can lodge an appeal with the Environment, Resources and Development Court. Can a property be taken off the Register?Yes. The SA Heritage Council has the power to remove confirmed entries of State Heritage Places from the Register. Its judgements are based on whether a place has retained sufficient heritage significance to still meet the listing criteria in section 16 of the Heritage Places Act 1993. My place is in a State Heritage Area - what does that mean?Legally, every place in a State Heritage Area is treated as a State Heritage Place. To find out about State Heritage Areas see About State Heritage Areas. How can I find out more about my place? |
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