An older home on a big block can look like an ideal subdivision. If the house, or the street it sits in, is heritage listed, the process changes. There is an extra approval to get, and the question is no longer only whether the lots meet the minimum size, but whether the split would harm what makes the place significant.
This guide explains the layers of heritage protection, how each state treats subdivision, what assessors look at and how to find out whether your property is affected.
Two layers of heritage protection
Every state runs two broad layers of heritage protection.
- State registers cover the most significant places. Examples are the NSW State Heritage Register, the Victorian Heritage Register, the Queensland Heritage Register, the State Register of Heritage Places in WA and the South Australian Heritage Register.
- Local listings are made by councils through the local planning scheme. In NSW they appear in Schedule 5 of the local environmental plan, in Victoria in the Heritage Overlay, and in SA through the Local Heritage Place and Historic Area overlays.
A property can be affected because the house itself is listed, or because it sits inside a heritage area or precinct even if the house is not individually listed. Some places are on both a state and a local list, and then both sets of rules can apply.
Can you subdivide a heritage-listed property?
Can you subdivide a heritage-listed property? Often, but it needs approval and is not automatic. A heritage listing does not usually ban subdivision outright. Instead, assessors look at whether the new boundaries would harm the place's heritage significance, including its setting and the land around the main buildings.
The way that approval works differs by state.
New South Wales
Does subdividing in a NSW heritage conservation area need consent? Yes. Under the standard heritage clause in NSW local environmental plans, clause 5.10, development consent is required to subdivide land on which a heritage item is located or land within a heritage conservation area.
For places on the State Heritage Register, works that have a moderate or greater impact on heritage significance also go through Heritage NSW under section 60 of the Heritage Act 1977.
Victoria
Do I need a permit to subdivide land in a Heritage Overlay in Victoria? Yes. Clause 43.01 of Victorian planning schemes says a permit is required to subdivide land in the Heritage Overlay. Councils issue these permits, and one of the decision guidelines is whether the subdivision will adversely affect the significance of the heritage place.
Planning Victoria notes that where a place is also on the Victorian Heritage Register, an approval from Heritage Victoria is needed.
Queensland
Places on the Queensland Heritage Register are protected by the Queensland Heritage Act 1992. The Queensland Government's definition of development on a heritage place includes reconfiguring a lot, which is the Queensland term for subdivision. Councils can also list local heritage places in their planning schemes, and those are assessed under the council's heritage overlay code.
Western Australia
Entry on the State Register is reserved for places of State significance. Under the Heritage Act 2018, a proposal likely to affect a registered place must be referred to the Heritage Council for advice. The Heritage Council's policy says it will require a Heritage Agreement as a condition of its support for proposed subdivisions of State registered places.
Locally, places can be on a council heritage list made under the local planning scheme. The Department of Planning, Lands and Heritage points out that a local heritage survey is not the same thing as a heritage list.
South Australia
The Planning and Design Code applies heritage overlays. For State heritage places and areas, applications include a referral to the Heritage Minister, who can direct decisions. The Local Heritage Place and Historic Area overlays carry demolition controls.
Tasmania and the ACT
Heritage Tasmania says a discretionary permit is needed where a subdivision or boundary change affects a registered place's setting or its historic lot curtilage, and its guidance is to keep the main structures and significant elements on a single title. In the ACT, development on a registered place needs a development application to the Territory Planning Authority.
What assessors look at
The details vary, but the same ideas come up across the states:
- Setting. The space around a place, such as gardens, views from the street and the relationship to neighbouring buildings. WA's Heritage Council defines setting as the immediate and extended environment of a place.
- Curtilage. The land that belongs with the heritage place. A boundary drawn too close to a listed house can cut off part of its historic grounds.
- Significant elements. Outbuildings, fences, trees or other features named in the listing. Tasmania's guidance is to keep these on one title with the main building.
- Streetscape. In heritage areas, a new lot and the home that follows can change the pattern of the street.
A heritage impact statement, prepared by a heritage consultant, is commonly asked for so these questions can be answered for the specific site.
Demolition is a separate question
Many subdivision designs need an existing house, shed or extension removed. In heritage areas that is its own approval. Victoria's Heritage Overlay requires a permit to demolish or remove a building, including part of a building or a fence, as Glen Eira City Council explains. NSW's clause 5.10 also lists demolition as needing consent. In South Australia, the Local Heritage Place and Historic Area overlays both carry demolition control.
That means a design that relies on removing a heritage building faces a much harder test than one that keeps it and places the new lot elsewhere on the block.
How to check whether your property is listed
How do I find out if my property is heritage listed? Each state has an official heritage search. NSW has the State Heritage Inventory, Victoria the Victorian Heritage Database and VicPlan, Queensland the Queensland Heritage Register search, WA the inHerit portal and SA the Heritage Places search. Local listings can also sit in the council planning scheme, so your council can confirm them.
A few tips:
- Look for both the property itself and any heritage area or precinct around it.
- In Victoria, the Victorian Heritage Database holds overlay data from only some planning schemes, so VicPlan or the council is the better check for the Heritage Overlay.
- A planning certificate or property report from your council will usually show heritage controls.
Getting advice
Heritage rules are applied place by place, and the listing's statement of significance often decides what is possible. A town planner with heritage experience, working with a licensed surveyor, can tell you whether a subdivision layout is likely to be supported and what reports the council will want.
If you would like a first look at the zoning, heritage and other constraints on your address, you can check your block with Subdivision Checker.
This guide is general information only. For advice on your property, speak with a licensed surveyor or town planner in your state.