When purchasing a property in Queensland your conveyancing solicitor will undertake a number of searches on the property in preparation for settlement. These searches are designed to provide you with more information about the property in order to ensure that the property is free from defects and not subject to any encumbrances or restrictions. It’s important that when so much money is on the line you know exactly what you are buying.
There are a number of searches that are standard as part of the conveyancing process, but there are also many optional searches that can be undertaken if you have any particular concerns about the property you are purchasing.
One of these optional searches is a search of the Queensland Heritage Register, which will be relevant if you are purchasing an older property with significant features.
The Queensland Heritage Register contains a list of properties in Queensland that have a cultural heritage significance; being important to the cultural, political, social or economic development of Queensland.
Properties on the Heritage Register fall into one of three categories:
- State Heritage Place – a property that has a significant value to Queensland as it contributes to the evolution of the State’s heritage; or
- Archaeological Place – a property that contains an archaeological artefact that is an important source of information about Queensland’s history; or
- Protected Areas – an area with strong heritage values that is vulnerable or threatened. In order to enter or conduct work within a protected area a permit is required.
Your solicitor will conduct a search of the Heritage Register and a Certificate of Affect will be delivered that will show if the property is listed on the register and affected by any of the provisions of the Queensland Heritage Act 1992. If the property is listed, then strict conditions will apply to any renovations or development to the property.
There is no legal restriction on the sale or purchase of property that is on the Heritage Register, however it is important that you are aware if the property you are looking to purchase is listed, as on the Certificate of Affect there will be a heritage agreement that is a joint agreement between the Queensland Government and the property’s owner that sets out provisions for future work and conservation of the property.
This agreement will specify what activities can be conducted on the property, such as development work, renovations, required maintenance and conservation, and if any public access is to be provided. These are all things that will obviously have a serious affect on your ownership of the property, which is why is you have any doubt about if the property may be heritage listed it is important to conduct a search of the Heritage Register.
You are also required to inform you insurer if the property is listed on the Heritage Register.