Minimum standards of maintenance and repair for heritage items

These minimum standards are set out in Part 3 of the Heritage Regulation 2012 and apply to items specifically identified as ruins or moveable objects in their State Heritage Register listing, or in the heritage and conservation register of assets managed by NSW State Agencies.

See Historical archaeology for the definition of a ‘relic’.

Minimum standards imposed

1. Pursuant to section 118 (2) and (3) of the Heritage Act 1977 (the Act), the minimum standards for the maintenance of a ruin or moveable object that is listed on the State Heritage Register are the minimum standards (if any) listed on the Register in accordance with this Division in relation to the ruin or moveable object.
2. Nothing in this Division affects any requirement for the approval under Part 4 of the Act of any aspect of maintenance.
3. A conservation management plan endorsed by the Heritage Council for a building, work or relic may
   1. provide that a standard set out in this Division does not apply to the building, work or relic (in which case the standard does not apply to it), or
   2. provide for additional standards of maintenance and repair for the building, work or relic (in which case those standards are imposed as additional minimum standards with respect to the maintenance and repair of the building, work or relic, in addition to those set out in Division 2). Note: Section 119 of the Act requires the owner of the building, work or relic to ensure that it is maintained and repaired to standards that are not less than the minimum standards imposed by this Division.

Weather protection

1. The following systems or components, if present, must be maintained and repaired (including by being cleaned and secured) to the standard necessary to ensure a reasonable level of protection for the building, work or relic, and its curtilage or site, against damage or deterioration due to weather—
   1. surface and sub-surface drainage systems,
   2. roof drainage systems, including gutters, rainwater heads, down-pipes and stormwater drainage systems,
   3. water storages, dams, ponds, retention basins, watercourses, batters, levee banks, sea walls and other flood and erosion mitigation measures,
   4. roofs, walls, doors and windows (including the glass components of doors and windows) and other components intended to exclude sun, rain, wind, hail, snow or other weather elements, including their security against the effects of high winds,
   5. systems or components which might be at risk of damage or dislodgment by high winds, including damage by falling trees and branches, tidal inundation or wave action,
   6. systems and components such as damp-proof courses, flashings, ventilation systems and other measures intended to prevent the ingress of water or dampness or to reduce its effects,
   7. lightning conductors,
   8. any other system or component designed to protect the building, work or relic or its curtilage or site against damage or deterioration due to weather.
2. Doors and windows of a building may, as an alternative to being repaired, be boarded up, but only:
   1. if the building is unoccupied, or
   2. as a short-term measure pending repair.
3. If an opening to a building is designed or intended to have a door, window or other closure in place and does not have the door, window or other closure in place, the opening must be boarded up.

Fire protection

1. Vegetation, rubbish and any other material that could create a fire hazard for the building, work or relic is to be removed and not permitted to accumulate. Note: Vegetation and other items can be of heritage significance, and their removal may require the approval of the Heritage Council or the local council.
2. The following systems or components, if present, must be maintained and repaired to the standard necessary to ensure a reasonable level of protection for the building, work or relic against damage or destruction by fire:
   1. lightning conductors,
   2. fire detection and control systems, including smoke and heat detectors and fire sprinkler systems and including associated alarm and communication systems,
   3. stores of inflammable materials or rubbish,
   4. building services such as electricity, gas and heating systems,
   5. any other system or component designed to protect the building, work or relic from damage or destruction by fire.

Additional fire protection for unoccupied buildings

1. The following additional fire protection measures must be taken for the protection of a building that is to be unoccupied for a continuous period of 60 days or more:
   1. heating or gas services must be shut down, gas or oil supply to those services must be turned off at the mains or other point of connection to supply, and portable gas or oil storages must be removed,
   2. permanent or temporary smoke detection systems must be installed with associated communication systems connected to the fire brigade in the district and, if the building will be unoccupied for a period of 6 months or more, provided with a permanent power supply.
2. This clause does not apply to any outbuilding within the curtilage or site of a building unless the outbuilding has been constructed or adapted for use as a dwelling.
3. The use of a building for storage of goods or materials does not constitute occupation of the building for the purposes of this clause if the building ordinarily has another use or is a building of a kind not ordinarily used for storage.

Security

1. Fencing or surveillance systems appropriate to the nature and location of the building, work or relic must be installed to secure it and its site and prevent vandalism.
2. The following systems or components, if present, must be maintained and repaired to the standard necessary to ensure a reasonable level of security for the building, work or relic:
   1. boundary and internal fences and gates, including associated locking mechanisms,
   2. in the case of a building, the walls, roof and other building elements, doors, windows and other closures, including glazing and associated locking and latching mechanisms,
   3. any electronic surveillance or alarm system installed on the site,
   4. any other system or component designed to ensure the security of the building, work or relic.
3. Doors and windows of a building may, as an alternative to being repaired, be boarded up, but only:
   1. if the building is unoccupied, or
   2. as a short-term measure pending repair.
4. If an opening to a building is designed or intended to have a door, window or other closure in place and does not have the door, window or other closure in place, the opening must be boarded up.

Additional security measures for unoccupied buildings

1. The following additional security measures must be taken for the protection of a building that is to be unoccupied for a continuous period of 60 days or more:
   1. if an electronic surveillance or alarm system is installed, the system must be connected to a police station or a commercial security provider,
   2. if no electronic surveillance or alarm system is installed, arrangements must be in place for regular surveillance of the building, work or relic, as appropriate to its nature and location.
2. This clause does not apply to any outbuilding within the curtilage or site of a building unless the outbuilding has been constructed or adapted for use as a dwelling.
3. The use of a building for storage of goods or materials does not constitute occupation of the building for the purposes of this clause if the building ordinarily has another use or is a building of a kind not ordinarily used for storage.

Essential maintenance and repair

1. Essential maintenance and repair of a building, work or relic (being maintenance and repair necessary to prevent serious or irreparable damage or deterioration) must be carried out whenever necessary.
2. Essential maintenance and repair includes:
   1. the taking of measures (including inspection) to control pests such as termites, rodents, birds and other vermin, and
   2. the taking of measures to maintain a stable environment for in-situ archaeological relics.
3. The requirement for essential maintenance and repair extends to (but is not limited to) the following:
   1. foundations, footings and supporting structure of any building, work or relic,
   2. structural elements such as walls, columns, beams, floors, roofs and roof structures, and verandah or balcony structures,
   3. exterior and interior finishes and details,
   4. systems and components (such as ventilators or ventilation systems) intended to reduce or prevent damage due to dampness,
   5. fixtures, fittings and moveable objects attached to the building, work or relic, or to its curtilage or site,
   6. landscape elements on the site of and associated with the building, work or relic, including vegetation, garden walls, paths, fences, statuary, ornaments and the like.

These minimum standards are set out in Part 3 of the Heritage Regulation 2012 and apply to items specifically identified as ruins or moveable objects in their State Heritage Register listing, or in the heritage and conservation register of assets managed by NSW State Agencies.

Minimum standards imposed

1. Pursuant to section 118 (2) and (3) of the Heritage Act 1977 (the Act), the minimum standards for the maintenance of a ruin or moveable object that is listed on the State Heritage Register are the minimum standards (if any) listed on the Register in accordance with this Division in relation to the ruin or moveable object.
2. Nothing in this Division affects any requirement for the approval under Part 4 of the Act of any aspect of maintenance.

Procedure for listing of minimum standards on Register

1. The Heritage Council may list minimum standards on the State Heritage Register in relation to a specified ruin or moveable object that is listed on the State Heritage Register (whether listed before or after the commencement of this Regulation) in accordance with this clause.
2. Such a listing may be made at the same time that the item, in relation to which the minimum standards relate, is listed on the State Heritage Register or at any time after the item is listed.
3. Before listing any minimum standards on the State Heritage Register, the Heritage Council must follow this procedure:
   1. the Heritage Council is to give notice that it is going to consider the listing of the minimum standards concerned (a notice of intention to consider listing of standards) by written notice given to each person that it considers to be an affected owner or occupier, and
   2. within 14 days after notice of intention to consider listing of standards is given under paragraph (a), the Heritage Council is to cause a notice of intention to consider listing of standards to be published in a manner that the Heritage Council is satisfied will bring the notice to the attention of members of the public in the area in which the item is situated, and
   3. a notice of intention to consider listing of standards is to invite submissions on the listing and is to specify a date as the closing date for the receipt of submissions (being a date that is at least 28 days after the notice was first published) and the manner in which submissions may be made, and
   4. the Heritage Council is to consider the submissions that are received before the closing date for receipt of submissions and is to decide whether or not to list the minimum standards on the State Heritage Register, and
   5. the Heritage Council is to give notice of its decision in the same manner as it is required to give notice of its intention to consider listing of standards under paragraph (a) and is also to give notice to the council of the area in which the item is situated and to each of the persons who made submissions that were considered.
4. If the Heritage Council’s decision is to list the minimum standards on the State Heritage Register, the Heritage Council is to cause notice of the listing to be published in the Gazette.
5. A listing of minimum standards takes effect on the date of publication of the notice of listing in the Gazette.
6. Without limiting any other matter, it may consider in determining whether to list minimum standards, the Heritage Council must consider the following:
   1. whether the listing of standards would render the item incapable of reasonable or economic use,
   2. whether the listing of standards would cause undue financial hardship to the owner, mortgagee or lessee of the item or the land on which the item is situated.
7. This clause applies to the amendment or revocation of a minimum standard listed on the State Heritage Register in the same way as it applies to the listing.

Enforcement of minimum standards

1. The following provisions are extended to any minimum standards for the maintenance of a ruin or moveable object—
   1. in the case of a ruin: sections 119–122 of the Act,
   2. in the case of a moveable object: sections 119–120N of the Act.
2. For that purpose:
   1. a reference in section 119, 120, 120E, 120F, 120G, 120I, 120M or 120N of the Act to a building, work or relic listed on the State Heritage Register includes a reference to a ruin or moveable object listed on the Register, and
   2. a reference in section 119 or 120 of the Act to the minimum standards imposed by the regulations includes a reference to any minimum standards listed on the State Heritage Register in relation to a ruin or moveable object, and
   3. a reference in section 121 of the Act to a building or work the subject of an order under section 120 of the Act includes a reference to a ruin the subject of an order under that section.

Section 148 of the Heritage Act 1977 allows property inspections to be carried out by an authorised officer.