Heritage properties
If your property is listed in the Queensland Heritage Register you can still change your property, add to it or construct new buildings. However, you have to make sure the work does not detract from the heritage values of the place.
Most proposed changes to Queensland heritage properties are regarded as development and need to be assessed.
Definition of development
Development refers to all types of work on a heritage place (a place in the Queensland Heritage Register) including:
- changes to property titles
- changes to the use of a place
- changes to built, archaeological, natural or landscape features
- changes to protected areas.
Development is defined in the Sustainable Planning Act 2009 (PDF, 2.56MB) as reconfiguring a lot, material change of use, operational work and building work.
Because of heritage conservation requirements, building work on a heritage place includes work such as painting, maintenance, changes to interiors, repair work, excavating archaeological artefacts or disturbances to land that damages or exposes archaeological relics.
Why we regulate development
Places in the Queensland Register (or a local heritage register) have historic, aesthetic or other cultural values that are important to the community.
The main purpose of adding a place to a heritage register is to protect its heritage values.
We achieve this by regulating heritage place development. Ideally, heritage places should be actively used and maintained, and changes should be kept to a minimum. Development that damages or destroys a place’s heritage values is not permitted except in special circumstances where there is no feasible alternative.
Application process
We assess all development proposals to ensure heritage places retain their significance while accommodating your needs. Heritage place management is a specialised field. You should seek advice from qualified persons when preparing applications.
Before you submit your development application, we encourage you attend a pre-lodgment meeting to discuss development options and issues. Contact us to arrange a meeting and ask for a Heritage Officer in your region.
Development approval
Approval can be granted by one of the following:
General Exemption Certificate
- No application required.
- Used for most minor work and maintenance to keep a place in good condition.
- No fees apply.
- Read more about general exemption.
Exemption Certificate
- Apply directly to the Department of Environment and Heritage Protection (EHP).
- Used for simple work that does not have a detrimental impact on the cultural heritage significance of a heritage place. Exemption certificates are for work that is not covered by General Exemption.
- No fees apply.
- Read more about exemption certificate.
Development applications
- Apply under the Integrated Development Assessment System (IDAS).
- Applications are usually lodged with local government and then referred to EHP for assessment.
- Local government fees may be applicable.
- Read more about development applications.
Development by the state government
- Apply directly to the Department of Environment and Heritage Protection.
- Applications are considered by the Queensland Heritage Council who make a recommendation to the relevant Minister.
- No fees apply.
- Read more about development by the state government.
Penalties
Penalties apply for:
- carrying out unapproved development work
- failing to report archaeological artefact discoveries
- interfering with archaeological discoveries and shipwrecks.
These penalties include fines, orders to correct damage and non-development orders.
If a heritage property is under threat of damage or demolition, the Minister can make a stop order. The order prohibits you from continuing or starting work that may destroy or reduce the cultural heritage significance of the place.
More information
Development of local heritage places is regulated by local government. For information about these regulations, contact the local government for the area in which the place is located.
