Heritage Act 2017 (Vic)

TL;DR

The Heritage Act 2017 (Vic) is administered by Heritage Victoria. It establishes the Victorian Heritage Register (VHR) and the heritage permit regime for state-listed places. The Act sits alongside the Heritage Overlay (Clause 43.01 of the Victoria Planning Provisions); VHR places need BOTH a Heritage Victoria permit AND a council planning permit. The Act imposes a stop-work obligation on discovery of significant fabric or archaeological material. A residential builder working on or near a VHR-listed property MUST involve Heritage Victoria early; permit timelines are measured in months, not weeks.

Scope

The Heritage Act 2017 governs:

Object	What the Act does
Victorian Heritage Register (VHR)	The state register of places of state-level cultural significance
Heritage Council of Victoria	The peak Victorian heritage advisory body
Permit regime	The state-level permit required for any work affecting a VHR place
Archaeology	Underwater archaeological sites, terrestrial archaeology
World Heritage	Federal-listed sites within Victoria
Stop-work obligations	Discovery of significant fabric or archaeology

The Act does NOT cover places listed only on the council Heritage Overlay; those are governed by the planning permit regime under the Planning and Environment Act 1987.

The two-permit problem

For a property listed on the VHR, planning approval requires:

Heritage Victoria permit (under the Heritage Act): for any work affecting the heritage place. Lodged with Heritage Victoria, assessed against the Burra Charter and Conservation Management Plan (if any).
Council planning permit (under the Planning and Environment Act + VPP Clause 43.01): for the same work, lodged with the council, assessed against the Heritage Overlay controls.

The two permits are independent but typically run in parallel. A VHR-listed property cannot proceed without BOTH.

Layer	Authority	Typical permit time
Heritage Act 2017 permit	Heritage Victoria	3-6 months
Planning permit (Heritage Overlay)	Council	3-6 months
Combined	Both required	3-9 months total

Permit types under the Heritage Act 2017

Permit type	What it covers
Permit	Any work affecting a VHR place (alterations, additions, demolition, sub-division, archaeological excavation)
Permit exemption	Minor works that the Act exempts from permit requirement
Heritage permit (interim)	Time-limited permit for urgent works
Archaeological consent	Specifically for archaeological excavation or recovery

The standard residential permit form covers most building work on a VHR place.

Stop-work obligation

Section 130 imposes a duty on every person who discovers significant heritage fabric or archaeological material during construction to:

Stop work immediately in the affected area.
Notify Heritage Victoria within a reasonable period.
Not disturb the fabric until Heritage Victoria advises.

The penalty for non-compliance is substantial (Section 130 currently provides for fines of penalty units; check the current rate via the Victorian Penalty Units regulation).

This obligation applies to everyone on site: the builder, every trade, the certifier. Brief subcontractors on the Section 130 obligation at engagement.

When the Act applies to a residential build

Most residential builds in Victoria are NOT VHR-listed. The Heritage Act 2017 typically applies in these situations:

Situation	Heritage Act involvement
Lot is on the VHR (e.g. a notable Victorian terrace, a historic homestead)	Full permit regime
Lot adjoins a VHR place	May require Heritage Victoria advice if construction affects the heritage place
Lot is on the council Heritage Overlay only (not VHR)	Planning permit only (no Heritage Act permit)
Discovery of significant fabric during construction	Section 130 stop-work, regardless of prior listing
Aboriginal heritage	Separate regime under Aboriginal Heritage Act 2006

Always check both the council Heritage Overlay AND the VHR before any planning lock-in. The Vic Plan / Planning Maps (planning.vic.gov.au) provides the Heritage Overlay layer; Heritage Victoria’s website lists VHR places.

Process: permit application

Pre-application consultation with Heritage Victoria (recommended). Costs typically nil for residential.
Engage a heritage consultant: prepares the Statement of Heritage Impact (SoHI) and conservation strategy.
Prepare permit documents: drawings, SoHI, fabric documentation, conservation strategy.
Lodge permit application with Heritage Victoria.
Public notification (where required).
Assessment by Heritage Victoria, typically 3-6 months.
Permit issue (or refusal). Permit typically includes conditions on materials, methods, finishes.

Working alongside the planning permit

The council planning permit (under Heritage Overlay Clause 43.01) is run in parallel. The council planning officer may rely on Heritage Victoria’s permit conditions in setting their own. Coordinate the two streams via the heritage consultant and town planner.

Common builder issues

Discovering VHR listing post-design: most common cost overrun. Always check VHR before design lock-in.
Section 130 fabric discovery mid-construction: a basement excavation reveals significant archaeology. Work stops; cost of the stop and re-design can be tens of thousands of dollars or more.
Wrong materials specified: Heritage Victoria permit conditions often specify materials (e.g. lime mortar, slate, traditional joinery). Substitution voids the permit.
Subcontractor not briefed on stop-work obligation: a tradesperson removes significant fabric thinking it’s modern; Heritage Act breach.
Insurance gap: standard contract works insurance may not cover heritage-related rectification work. Confirm with insurer.

For builders

Check the VHR at lead (heritagecouncil.vic.gov.au) for any Victorian build. The check takes 5 minutes.
Brief every subcontractor on the Section 130 stop-work obligation at engagement. Document the briefing.
Engage a heritage consultant early for any VHR-listed work. The pre-permit advice is the cheapest path through the permit regime.
Plan for 3-9 months of permit-stream parallel work on VHR sites. Don’t promise a 12-month residential program on a heritage site.
Confirm contract works insurance covers heritage-related rectification BEFORE work starts.

References

Heritage Victoria: https://www.heritage.vic.gov.au (verified 2026-05-15).
Victorian Heritage Register: https://vhd.heritagecouncil.vic.gov.au (verified 2026-05-15).
Heritage Act 2017 (Vic) full text: https://content.legislation.vic.gov.au (verified 2026-05-15).