# Forum More Stuff Debate & Technical Discussion  Heritage Listing ???????????

## Way out west

Hello, we recently got a letter from the council stating they want to list our house as Heritage.............. We are 100 percent against it, so is there anything we can do ???? As we have started fixing the old place up e-g new kitchen, We also plan to do work on the front of the house, new timber balcony & bullnose roofing all around, could any-one tell me what rights I have ?????

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## Black Cat

The letter should explain that, but if it does not, then you will need to write to Council explaining your objections. In most circumstances this will require you to demonstrate that the house does not represent the values that the proposed listing cites - eg, it is not a good example of its style, it is not associated with the person it has been attributed etc. That can be pretty difficult to do if the survey has been done competently, but if, as is often the case, the survey was slapdash, then you may stand a chance of succeeding in your objection. Personally I would be thrilled if my house were to be listed as it has frequently been demonstrated that a well-maintained listed building is considerably more valuable than a similar one with no listing. But each to their own.

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## Black Cat

BTW - what you propose to do to your house (apart, possibly for the veranda work) is unlikely to be effected by the listing which will usually only effect external changes.

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## Artiglass

> BTW - what you propose to do to your house (apart, possibly for the veranda work) is unlikely to be effected by the listing which will usually only effect external changes.

  This is incorrect. I understand you thinking this but so many people have said to us the same as you just did and in our discussions with heritage council have found it to be incorrect information.
As our house is about to be heritage listed too, it affects everything they consider the FABRIC of the house. 
 (I) WORKS REQUIRING REFERRAL TO THE
HERITAGE COUNCIL
Examples of the kind of works that must be referred to
the Heritage Council include:
 alterations and additions
 construction of new buildings
 conservation and remedial works
 demolition
 relocation
 excavations
 re-roofing
 changes of exterior colour schemes
 signage
 interior works
 subdivision/amalgamation
 change of use 
(II) WORKS THAT CAN BE UNDERTAKEN WITHOUT
HERITAGE COUNCIL APPROVAL
Normal maintenance can be undertaken without
approval provided it does not affect the significant
fabric of the place. Normal maintenance is defined in
the Burra Charter as the continuous protective care of
the fabric, contents and setting of a place.
Some examples of maintenance not requiring referral to
the Heritage Council include:
 Cleaning gutters and downpipes (as opposed to
replacing deteriorated gutters and downpipes).
 Repainting previously painted surfaces in the same
colour scheme.
 Refixing loose roof sheeting using like for like
method of fixing (as opposed to replacing roof
sheeting).
If you are considering works to a State Registered place
and are unsure as to what constitutes general
maintenance, it is recommended that you contact the
Heritage Council for assistance in determining whether
a development referral is required.    http://www.heritage.wa.gov.au/assets...Guide_0404.pdf

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## Black Cat

That would apply if the building is in NSW, is considered to be of State Heritage significance and is on the State Heritage Register. Way out West has received a letter from the Council, not the heritage Council, which means that the listing is on the local Plan, not the State Heritage Register - local plan provisions are not so stringent, and vary from council to council. Internal works are rarely, if ever, impacted by a local listing.

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## Artiglass

Our house is about to be local heritage listed too. From what I gather each state in Australia and some councils vary in what they say we can and cannot do with our houses. Interesting that there isnt some conformity.....but thats the way it is in Australia  :Smilie:

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## Make it work

Before I bought it, my house was heritage listed with the local council, it was removed from the listing at the request of the previous owners. I believe they removed it because they felt that it would lower the resale value and they were considering selling, which they did.
Council asked me if I would consider relisting it but I declined, possibly because of uncertainty as to what it may limit me doing to the place in the future.
There were a few compelling reasons to list the main one being 50% reduction in council rates and some financial grants to help with repairs and maintenance, this was 15 years ago and I don't know if this is still applicable or if it is typical of all councils.
I would consider relisting it if asked.

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## fishnmick

Our house in Brisbane is 110 years old this year, we are already having trouble with getting insurance. Our insurance broker advised us never to let the house become heritage listed as the insurance would almost be impossible to get .
For that reason alone I would not want it to happen.

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## Artiglass

> Before I bought it, my house was heritage listed with the local council, it was removed from the listing at the request of the previous owners. I believe they removed it because they felt that it would lower the resale value and they were considering selling, which they did.
> Council asked me if I would consider relisting it but I declined, possibly because of uncertainty as to what it may limit me doing to the place in the future.
> There were a few compelling reasons to list the main one being 50% reduction in council rates and some financial grants to help with repairs and maintenance, this was 15 years ago and I don't know if this is still applicable or if it is typical of all councils.
> I would consider relisting it if asked.

  Here where we are in W.A. you have a say in whether or not you have an objection to the heritage listing but it can and will go ahead despite your objection if they feel its necessary.

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## Artiglass

> Our house in Brisbane is 110 years old this year, we are already having trouble with getting insurance. Our insurance broker advised us never to let the house become heritage listed as the insurance would almost be impossible to get .
> For that reason alone I would not want it to happen.

  ours is insured with RAC.................we were told a similar thing but it seems to be an old wives tale or a commonly used phrase and can be argued quite admirably with the assistance of the heritage council.  Reason some insurance companies baulk is due to high costs of rebuilds or repairs if something causes you to have to claim, ........however if the place burns down its no longer what it once was and cant be replicated and no longer will be the heritage home it used to be. You cant replace it exactly.

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## Moneypitt2

Has anyone succeeded in fighting a listing?

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## Marc

This gives you a view from the heritage council side. https://www.environment.nsw.gov.au/r...infolawyer.pdf

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## Moneypitt2

Thank you, very useful. Its incredible how we allow what is essentially a tax on certain properties and people applied subjectivity.  
Has anyone ever had their property removed from a listing?

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## Marc

Plenty of people do that. It involves a bit of accelerant and a match.

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## UseByDate

And a smidgen of plausible deniability.

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## pharmaboy2

my in laws successfully blocked a heritage listing-  a report that points out how much it had been changed from original was the main reason - I'd engage a heritage architect or perhaps town planner. 
often a bit of money is at play in these things - a couple of thousand dollars in pro reports could well be a good spend of money

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## Bros

> Plenty of people do that. It involves a bit of accelerant and a match.

  Yes heritage listed places are prone to catching fire.

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