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Heritage Listing – What you Need to Know

By 23 December 2014Special Law
heritage listing

Recently Toowoomba residents have been surprised at the cost to relocate a men’s toilet on Russell Street due to proposed changes to the cities roads. The toilets must be removed and restored due to their listing on the Queensland Heritage Register. The cost of this process is estimated at over $100,000. The toilets history and entry into the Heritage Register can be viewed here.

Purchasing Property Listed on the Queensland Heritage Register 

When looking to purchase a house in Queensland, you may stumble across a property that is listed on the Queensland Heritage Register. These are places that satisfy at least on of the eight criteria listed in the Queensland Heritage Act, and range from lighthouses and community halls through to suburban houses and rural homesteads.

These areas are protected for present and future generations and as such can be onerous on owners. Owners can be restricted in their modifications to the property, and often will be required to either forgo renovations, or do them in such a way as to retain the original fabric of the property, and promote the original methods of construction.

There are no legal restrictions placed on homeowners when selling or leasing a heritage place, nor is an owner obliged to restore the property.

The Department of Environment and Heritage Protection has a list of publications that can assist homeowners, and potential buyers, in dealing with heritage protected property that can be found here.

Exemptions and Removals

You may also wish to apply to be exempted, immune or removed from the list if the place no longer satisfies the cultural heritage requirements for entry. For further advice on the removal of a property from the Stage Heritage Registry you can contact McNamara Law on 1300 574 974.