Exemption - Heritage Properties

If you plan to do some building works to a listed heritage building, you are required to lodge a Development Application (DA). However, you may be exempt from the need for DA consent for certain works of a minor nature.

Heritage listed properties

There are a broad range of significant heritage locations, buildings and items throughout Bayside. Heritage Items are protected under the Botany Bay Local Environmental Plan 2013 and the Rockdale Local Environmental Plan 2011 and are listed in the heritage schedules of those documents (Schedule 5).

The State Heritage Inventory, on the Office of Environment & Heritage website, contains information on heritage buildings, ranging from basic identification information such as name, address and listing, to detailed descriptions, histories, significance and images.

Heritage Properties Exemption

Clause 5.10 of the Botany Bay Local Environmental Plan 2013 and Rockdale Local Environmental Plan 2011 relates to heritage conservation. Subclause 5.10(3) permits some minor works to be undertaken without consent. Minor works generally include repairs and maintenance of heritage buildings, painting of a residential building in a colour scheme devised by Council's Heritage Advisor or replacement of building elements on a "like for like" basis.

What do I need to do?

You must check with Council to determine whether the works you intend to do could be considered as "minor" prior to commencing the work. The form titled "Exempt from the Need for Consent for Minor Works to a Heritage Item" is to be submitted to Council, accompanied by details of the proposal for consideration together with any plans, product brochures, colour samples or photos. There is no fee for lodging this form.

Council will confirm whether or not a development application is required within 28 days of lodging the form.

What happens next?

If the minor works you are planning are judged by Council to be exempt, you will receive written confirmation that your works do not require consent. You cannot commence work until you have received written confirmation from Council and you should keep the confirmation for your records.

If you have any questions or need assistance relating to this matter, please contact Council's Heritage Advisor on Tuesdays on 1300 581 299.

Development and heritage

Council cannot grant consent to a Development Application involving a heritage item or most development in a conservation area without considering how the development would impact on the heritage significance of the item or of the conservation area.

To enable Council to make an assessment a Statement of Heritage Impact (SoHI) may be required with Development Applications submitted for a heritage item or within a conservation area. For large developments a Conservation Management Plan or Conservation Management Strategy may be required.

Frequently Asked Questions

I want to buy a heritage listed property what does that mean?

Properties are heritage listed because they have important historical, social or aesthetic features and they may be rare or be a good example of an architectural style. If you are thinking of buying a place then it’s a good idea to find out why it was listed. This can be done by searching the heritage inventory database.

Does heritage listing mean I can't do anything to my house?

You are permitted to extend and alter your heritage-listed property if you obtain approval first. Heritage buildings are best cared for when they are lived in and loved. They must be useable and houses need new bathrooms, kitchens and new rooms to accommodate growing family needs. Council recognises the need for owners to adapt buildings houses to a comfortable environment.

Can I do minor work without approval?

Yes providing you have a letter from Council stating that the work doesn’t need consent. This is called a heritage exemption or minor works application. For more detail see Exemption – Heritage Properties

Can I sell my heritage listed house?

A heritage listing places no legal restriction on the sale or leasing of properties.

Do I have to use heritage colours?

Colours schemes are influenced by fashion trends and buildings are painted regularly to maintain them

Where can I get free advice?

If you are renovating or want some help with how to maintain your property Council has a Heritage Advisor who can give free advice. The Heritage Advisor is available on Tuesdays by appointment and can be contacted on 1300 581 299.

Can I get a heritage grant?

Currently there are no local heritage grants available from Bayside Council.


The Bayside Libraries keeps a copy of previous heritage studies and research projects in the Local History section of the library. These can be found by searching the library catalogue.

Statement of Heritage Impacts Information Sheet


Exemption - Heritage Properties
Need to contact us?

Call 1300 581 299 (weekdays 8:30am-4pm and Saturday 9am-1pm) or email council@bayside.nsw.gov.au