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Heritage homes possess unique character and impressive architecture that differ significantly from modern buildings.

However, there are important considerations when purchasing a heritage house in Victoria. For instance, buyers must understand the property’s heritage classification, legal obligations, maintenance, and financial needs.

If you plan to buy and own a heritage home, this article can help you navigate its complexities and requirements.

Understanding Heritage Classifications

There are generally two classifications for heritage homes in Victoria.

1. Heritage Listing

Homes under this category are in the Victorian Heritage Register. They are rare and have historical significance to the state. For this reason, owners of these houses have strict regulations.

If you are a potential buyer for a heritage-listed property, research it well and know your obligations. In particular, you should understand its regular maintenance needs to keep it in good condition.

Owners of heritage-listed homes may also sometimes seek financial assistance through a grants program to restore the property.

2. Heritage Overlay

Houses with a heritage overlay are more common. These houses are usually within one area or certain streets. They have historical significance to the community, and the local council protects them.

Small changes in a home with heritage overlay often do not require paperwork. However, planning permits from the council may restrict other alterations or demolition.

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Legal Obligations and Requirements

Specific legal responsibilities are another crucial consideration for sellers and buyers of heritage homes in Victoria. These include the following:

  • Mandatory notification to Heritage Victoria within 28 days of purchase: The home buyer must submit the written notice to the Executive Director through Heritage DESK. You will register and log in here to track your application.
  • Mandatory notification to Heritage Victoria when intending to sell: Similarly, the seller of a heritage home must submit a written notice to the Executive Director within 28 days of entering into a contract of sale.
  • Obligation to maintain the property to prevent disrepair: The owner of a heritage property should ensure its conservation.
  • Requirement to obtain permits for most alterations: Heritage homeowners should also comply with the regulations when altering certain parts of the property.

Maintenance and Modifications

While buyers should protect heritage homes from disrepair, they must also understand which changes are permitted and restricted. Here are some of them.

a. Permitted Changes

  • Essential repairs using period-appropriate materials: For example, you might be able to replace copper pipes or gutters with steel, but not powder-coated aluminium. You can repair broken and rotted windows but only with the same-era materials.
  • Contemporary renovation for kitchens and bathrooms: Owners can install a splashback, add new appliances, and change the tiles.
  • Installation of modern-day amenities: These include phone lines, Wi-Fi, and fire alarms. Owners may also ask electricians to rewire the home to make it safe and liveable. They can also install new lighting, provided it complements the original home design.
  • Thorough building and pest inspection: Heritage houses may contain structural materials, like lead paint and asbestos, that do not meet today’s safety standards. Additionally, pests might have infested the home and its surroundings. Be sure to contact a qualified inspector to conduct a comprehensive check.

b. Restricted Changes

  • Alterations to the original structure: Renovations of the back rooms are allowed with the appropriate permits. However, they should preserve the original structure of the front rooms.
  • Modifications to the street façade: Buyers should preserve the heritage home’s street view. However, owners can alter the back of the home.
  • Changes that compromise historical and cultural significance: Owners cannot simply buy any generic fitting for restoration. The materials should be from the same period or customised to match the house. Research and advice from Heritage Victoria consultants can help owners improve the home while preserving its historical accuracy.

Also, check if past renovations on the house have the proper heritage permission. Ask the previous owner for all the records or paperwork, then review them thoroughly to protect yourself from any liability for unapproved alterations.

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Financial Considerations

The long-term expenses of owning a heritage house in Victoria are yet another crucial consideration. Owners or buyers should be ready financially and aware of any funding assistance available. Some factors to consider include:

  • Higher maintenance costs. Because heritage-listed homes require obligated and specialised upgrades, owners must have the financial means to support them. Strong dedication is needed when caring for a heritage home and providing for its arduous and expensive requirements. This is the same for any renovations or developments you intend to complete on the property (i.e. expensive).
  • Potential insurance premium increases. Heritage homes may have higher insurance premiums. Buyers should consult an independent insurance expert beforehand.
  • Emergency fund needs. Modifying a heritage home may sometimes reveal unforeseen damages or structural issues. Owners would have to cover for these through an emergency fund.
  • Eligibility for financial assistance. Eligible heritage homeowners may apply for a grant program to fund restoration or maintenance needs. The local council often offers this financial aid.

Consult the Professionals When Buying a Heritage House in Victoria

Being a custodian of a heritage home is an honour. You have a unique opportunity to preserve history while living in a pleasant, established neighbourhood.

Buyers should perform thorough due diligence before buying and submitting an offer.

In Victoria, policies, restrictions, and responsibilities govern heritage home ownership. Buyers must consider and understand these factors early to avoid hassles, frustrations, and unnecessary costs.

Our property lawyers can provide the professional advice and guidance you need to overcome the challenges of owning a heritage home. Contact TNS Lawyers on +61 3 9052 3214 or email us at info@tnslawyers.com.au.