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Planning & development

Heritage rules affect my property or project

Heritage protection in New South Wales operates at several levels at once: the State Heritage Register, local environmental plan listings, interim protections and a separate regime for Aboriginal cultural heritage. Each carries its own approval requirements, and works done without them can attract orders and significant penalties.

Jurisdiction
New South Wales
Page type
Situation guide
On this page

This page may be relevant if:

  • Your property is on the State Heritage Register or a local heritage list
  • You want to alter, extend or demolish a listed or potentially listed building
  • An interim heritage order or proposed listing has been made
  • Your project area may contain Aboriginal objects or places

What this usually means

  • Works affecting an item on the State Heritage Register generally need approval under the Heritage Act 1977, although standard exemptions cover a range of maintenance, repair and minor works.
  • Locally listed heritage items and conservation areas are protected through the local environmental plan, so alterations usually require development consent supported by a heritage impact assessment.
  • An interim heritage order can protect a building or place at short notice while its significance is assessed, and stops most works while it is in force.
  • Aboriginal objects and places are protected under the National Parks and Wildlife Act 1974: harming them is an offence, and works in sensitive areas may need an Aboriginal heritage impact permit supported by due diligence assessment.

What commonly matters

  1. The level of listing

    State, local and interim protections carry different approval pathways and different decision-makers; the first task is establishing exactly what applies.

  2. Scope of the works

    Exemptions and minimum-standards obligations mean some works can proceed and some are required; the line needs to be drawn precisely.

  3. Evidence of significance

    Heritage outcomes usually turn on expert assessment of significance and impact, and the right consultant brief is decisive.

  4. Aboriginal cultural heritage

    Due diligence before ground disturbance protects both heritage and the project; permits take time and are best sequenced early.

How we help

  • Confirm the listings and controls that apply to the property
  • Advise on approval pathways, exemptions and maintenance obligations
  • Coordinate heritage consultants and prepare or respond to applications
  • Act on interim heritage orders, proposed listings and enforcement

This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.

Frequently asked questions

General information only, not legal advice. The position depends on your circumstances.

My building is on the State Heritage Register. Can I still renovate it?

Usually yes, with approval. Works affecting an item on the State Heritage Register generally require approval under the Heritage Act 1977 (NSW), but standard exemptions cover a range of maintenance, repair and minor works, and applications supported by a considered heritage impact assessment are regularly granted. The starting point is establishing exactly what the listing covers, which of the proposed works fall within an exemption, and which need approval, because the answer shapes the design, the program and the consultant team.

What is an interim heritage order and how long does it last?

An interim heritage order is a temporary protection that can be placed over a building or place, commonly while its heritage significance is assessed. While the order is in force, most works that would affect the item cannot proceed without approval. The orders are time-limited, but the assessment they trigger can lead to permanent listing, so the order period is generally the right time to put significance evidence and the owner's position before the decision-maker rather than waiting for the outcome.

Do I need an Aboriginal heritage permit before earthworks on my site?

It depends on the land and the disturbance proposed. Aboriginal objects are protected under the National Parks and Wildlife Act 1974 (NSW) wherever they are located and whether or not they are recorded, and harming them is an offence. Carrying out the due diligence code of practice before ground disturbance identifies whether there is a real risk, and where impacts cannot be avoided an Aboriginal heritage impact permit may be required. The permit process involves consultation and takes time, so it is generally sequenced early in a project rather than left to the construction phase.

Where to start

Heritage constraints affecting your property or project?

A preliminary review can identify the decision, the material available, any stated date and the questions requiring legal or expert assessment.

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A preliminary call is a short conversation to check whether we can help, at no charge, and not legal advice. Please don't send confidential or time-sensitive material until we confirm in writing that we can act.

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