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Owning a place in the Queensland Heritage Register

Having your property in the Queensland Heritage Register is a way of acknowledging and protecting its heritage values.

Buying, selling and leasing

Entry of a place in the Queensland Heritage Register does not diminish property rights. There is no legal restriction on the sale or lease of a heritage place. Subdivision of a heritage property requires development approval, but if that is given there is no restriction on how that property is sold or to whom.

A property’s Certificate of Title records that it is entered in the Queensland Heritage Register. A Certificate of Affect verifies if a property is or is not entered in the Queensland Heritage Register. A Certificate of Affect can be obtained online at Smart Service Queensland or by lodging a Form: Request for a Certificate of Affect (Word, 917K)‡.

Making changes

Entry in the Queensland Heritage Register does not exclude changes, additions or the construction of new buildings, provided work does not detract from the heritage values of a place.

Most types of proposed changes to Queensland Heritage Places are regarded as development and need to be assessed by EHP.  Read more about development.

Maintenance and minor repairs

Some types of maintenance and minor repair work require approval from EHP.  Generally, these can be undertaken without application to EHP as long as the work is done in accordance with conditions set out in the General Exemption Certificate - Queensland Heritage Places (PDF, 247K)*.

Owners of Queensland Heritage Places are not obliged to fully restore their property.  However, owners are advised to maintain their place to ensure it is protected from serious or irreparable damage or deterioration. Owners may be required to undertake essential maintenance work to protect their property from weather, fire or vandalism. Read more about essential maintenance.

Heritage Agreements

The Queensland Heritage Act 1992 (PDF)* provides for Heritage Agreements between property owners and EHP. Heritage agreements are designed to give certainty for owners whilst ensuring the cultural heritage significance of a place is conserved. Heritage Agreements specify a range of activities including development work, use, public access and maintenance and conservation work standards. Unless stated otherwise, a Heritage Agreement is listed on the certificate of title of a place and is binding on the owner or occupiers.

Conservation Management Plans

A Conservation Management Plan (CMP) guides the conservation and management of a heritage place.  Prepared by a heritage professional, a CMP identifies the heritage values of a place, sets out policies to guide conservation and future change and provides strategies to put policies into action. Used by owners, managers and approval authorities, a CMP guides decision making to ensure the heritage values of a place are maintained. A CMP is an essential management tool for heritage places with complex needs or which are undergoing adaptation and change.

Refer to Guideline: Conservation management plans (PDF, 576K)* to find out how to create and use a conservation management plan.

Public access

There is no legislative requirement for owners to open their properties and heritage registration does not give the general public the right to enter a property without express permission from the owner. However,some owners open their heritage properties to the public, usually on an entry fee basis, either for themselves or to raise funds for a charitable cause.

Records

Owners and managers are encouraged to keep a log book to record maintenance and other work carried out at a heritage place.  As a continuous record of a place over time, a log book is a useful reference for future owners/managers. Similarly, other records that document the place, for example, historical documents, photographs, survey data, should also be kept.

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‡ Requires Microsoft Office files viewer

Last updated
29 July 2013