Victoria is known for preserving its historically significant properties, which give the state its much-admired charm and character. However, there are some things you need to consider if you're looking to buy a Heritage-listed home. Even though we can all appreciate the inherent charm of Heritage-listed locations such as Kensington and the beauty of a heritage home when buying, it's best to go in informed. 

A heritage property has timeless appeal, but there are some rules and restrictions you should know. 

Have you ever dreamed of living in a beautiful Victorian terrace, an elegant art deco house, or a quaint character cottage?   

With their timeless beauty, heritage homes in Victoria, particularly the inner northwest suburbs such as Kensington and North Melbourne, are highly coveted. Still, they come with a lot of responsibility, too. The owner of a heritage property is subject to a wide range of restrictions, especially when it comes to altering or renovating it. 

Here's what you need to know... 

What is the definition of a heritage property? 

Essentially, heritage properties have been assessed as having historical, aesthetic or social features that deserve to be preserved for future generations. Although most people think of grand 19th-century structures and grand towering terraces as quintessential heritage in Melbourne and particularly inner suburbs, homes from the 1970s and later may also be considered a level of heritage.  

Eight standard criteria are used to determine if a home has heritage value in Victoria. Heritage Victoria says these include historical significance, rarity, research value, aesthetic value, technological value, and social value. Besides the home's main structure, heritage status can include outbuildings, gardens, or surrounding areas, as well as the site where it sits. 

Heritage listing - what does it mean? 

In Victoria, heritage is protected in two ways. 

Victorian Heritage Act 2017 protects approximately 700 private dwellings that are historically significant at a state level. A permit (or permit exemption) is required before work can be carried out inside or outside these heritage-listed properties, which are listed on the Victorian Heritage Register.  

More than 300,000 properties - about eight per cent of all properties in Victoria - are considered historically significant by their local communities or municipalities and are protected through a heritage overlay. In some cases, these properties are significant in their own right, while others contribute to the overall character of a heritage precinct, although they are not individually significant. The location of certain "non-contributory" properties within a heritage district may also result in their inclusion in an overlay.  

For changes evident from the street, such as demolition, relocation, construction, external alterations, and exterior painting, properties covered by a heritage overlay usually require a planning permit from the council. There is no need for permits for general maintenance, repairs, interior alterations, or repainting. 

Are there any other heritage controls? 

Cultural heritage sensitivity controls apply to areas near places of Indigenous cultural significance, such as certain named waterways. A Cultural Heritage Management Plan may be required for homeowners in Port Melbourne and Middle Park before any significant changes or development is undertaken.  

What obligations does a heritage homeowner have? 

Property owners with heritage-listed properties are legally required to maintain them and ensure they do not fall into disrepair. If you fail to do so, Heritage Victoria may issue a repair order and impose heavy penalties.  

The rules regarding maintenance of properties protected by a heritage overlay will vary from local council to council, but many municipalities have laws regarding unsightly or neglected buildings. 

Can I renovate a heritage-listed property? 

Despite popular misconceptions, it is possible to renovate or make changes to a heritage-listed property with Heritage Victoria's permission. Typically, heritage protection covers the entire property, including the land and buildings, so removing trees, demolishing outbuildings, or moving fences will require a permit.  

If you are planning a renovation, Heritage Victoria recommends contacting them as soon as possible, not just to find out what is permissible and what isn't, but also to seek the advice of their heritage architects. The permit exemption may allow you not to need to apply for the full permit in some cases.   

In general, permission will be granted for bathroom and kitchen renovations if original features are preserved, such as ornate tiling.  

How do you renovate a home that has a heritage overlay? 

In contrast to heritage listing, heritage overlays usually regulate only external modifications to buildings, although permits may occasionally be required to make internal changes. For example, routine maintenance to the exterior is usually permitted, but any work that changes the home's appearance, even painting the home a different colour, will generally require a planning permit to ensure it does not impact the streetscape.  

There are some instances in which you may require a permit even for the smallest of modifications such as demolishing a carport, constructing a fence, external painting, or adding a water tank. 

A new bathroom or kitchen, as long as they don't affect the exterior, should be permitted, but if the house is classified as significant, council approval may be required. So before calling in the tradies, you should speak directly to your local council's planning department. Remember to factor extra time - and money - into your renovation project to allow for permit approval, which can take up to 12 months. 

If I don't get the necessary permits, what happens? 

Any violation of local heritage rules can result in hefty penalties. In more severe cases, the local council can issue an infringement notice or a "stop work order." In some cases, a breach may be escalated to the courts. Fines can reach $193,428. 

State heritage laws impose even higher penalties. For example, if you conduct any work on a heritage-listed property without permission, you can be fined up to $793,056, imprisoned for five years, or both.  

Check out fees and penalties on Heritage Victoria's site.  

What are the benefits of investing in heritage homes? 

Even though heritage homes require extra care and attention, as well as extra costs, well-kept properties with historic character are highly sought after and often sell for premiums. In the case of heritage overlay areas, for example, the areas have a distinctive character that makes them highly valuable, sought after, and in demand. This includes character precincts with a heritage overlay, such as Kensington, North Melbourne, Flemington and Ascot Vale, where properties, both heritage or otherwise, are in high demand (*Include price guide link) and directly benefit from the heritage overlay.  

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