Heritage Overlay Advice
What is a Heritage Overlay
A Heritage Overlay is a planning control applied by local councils to protect places of local heritage significance under the Planning and Environment Act 1987. Heritage Overlays are listed in the Schedule to the Heritage Overlay (Clause 43.01) of each council's planning scheme and currently apply to almost 200,000 properties across Victoria. They can apply to individual buildings, structures, trees, gardens, precincts, and cultural landscapes.
The Victorian Local Heritage Guidelines (May 2026), published by the Department of Transport and Planning, provide the framework for how local heritage significance is assessed and how the Heritage Overlay is applied across Victoria. Understanding this framework is essential to navigating Heritage Overlay permit requirements effectively.
If your property is affected by a Heritage Overlay, a planning permit may be required before works can proceed. Getting heritage advice early is the most effective way to avoid planning delays, reduce the risk of permit refusal, and ensure your project is designed appropriately from the outset. Strata Heritage provides practical, experience-based Heritage Overlay advice to property owners, developers, architects, and planners across Gippsland, Melbourne, and regional Victoria.
When do I need a planning permit under a Heritage Overlay?
A planning permit is generally required under a Heritage Overlay for:
- Demolition or removal of a heritage building, structure, or tree
- External alterations to a heritage building, including changes to windows, doors, rooflines, and materials
- Extensions or additions to a heritage building
- New construction within a Heritage Overlay area or precinct
- Subdivision of a heritage property
- External painting, where paint controls apply under the Schedule to the Heritage Overlay
- Internal alterations, where internal controls apply under the Schedule to the Heritage Overlay
Some minor works may be exempt from permit requirements. The specific exemptions for your property are set out in the Schedule to the Heritage Overlay in your council's planning scheme, which Strata Heritage can review and advise on.
How is Heritage Significance Assessed?
Under the Victorian Local Heritage Guidelines, heritage significance is assessed against eight local heritage criteria covering:
- historical significance
- rarity
- research potential
- representativeness
- aesthetic significance
- creative or technical significance
- social significance
- and associative significance.
A place must meet at least one criterion at the threshold of local significance to be included in the Heritage Overlay.
It is important to note that the Heritage Overlay protects heritage significance — not neighbourhood character. The two are assessed through different processes and managed by different planning mechanisms. The Heritage Overlay is applied to conserve and enhance heritage values, not to manage development pressure or streetscape character.
Further Information
Understanding heritage legislation and the approvals process can be complex. The following resources have been prepared by Strata Heritage to help landowners, developers, planners, and councils navigate their historic heritage obligations in Victoria.
Victorian Local Heritage Guidelines
The Victorian Local Heritage Guidelines (May 2026), published by the Department of Transport and Planning, provide the framework for how local heritage significance is assessed and how the Heritage Overlay is applied across Victoria.
Historic Heritage Guide
A comprehensive guide to Victoria's two heritage systems — local heritage managed through Heritage Overlays under the Planning and Environment Act 1987, and state heritage managed through the Victorian Heritage Register under the Heritage Act 2017. Covers Heritage Impact Statements in detail, including when they are required, what they must contain, and how they are assessed by Heritage Victoria and local councils.
Historic Heritage Glossary
A plain-language glossary of key terms used in historic heritage assessment and planning in Victoria, including Heritage Overlay, Statement of Significance, Heritage Impact Statement, Conservation Management Plan, and Burra Charter.