Reference Data

The Heritage Overlay, precisely.

What Clause 43.01 triggers on every heritage place, and the six controls that vary per HO number.

The Heritage Overlay (HO) is Clause 43.01 of every Victorian planning scheme. Its core permit triggers are identical for every HO number in the state: they come from the head clause, not the local schedule. What varies per heritage place is a set of toggles in the Schedule to Clause 43.01, and those toggles are where site assessments most often go wrong.

Triggers that apply to every heritage place (Clause 43.01-1)

On land covered by any Heritage Overlay, a planning permit is required to:

  • Demolish or remove a building
  • Externally alter a building
  • Construct a building or carry out works affecting the heritage place

Specified minor works are exempt under Clause 43.01-3, and subdivision may be restricted where it would adversely affect the heritage place.

Controls that vary per HO number (Schedule to Clause 43.01)

Each heritage place is a row in the council's schedule, and each row toggles these on or off:

  • External paint controls: where on, a permit is required to externally paint
  • Internal alteration controls: rare; where on, internal works need a permit
  • Tree controls: where on, a permit is required to remove, destroy or lop a tree
  • Fences and outbuildings: normally exempt, unless the row lists them as not-exempt
  • Victorian Heritage Register: where listed, approval falls under the Heritage Act 2017, separate from a planning permit
  • Aboriginal heritage place: the Aboriginal Heritage Act 2006 may also apply

So "HO126" isn't a rule in itself: it's a pointer to schedule row 126 in that one council's scheme. Two properties under Heritage Overlays in the same street can carry different paint, tree and outbuilding controls.

Sources. Clause 43.01 of the Victoria Planning Provisions and the Schedule to Clause 43.01 in each council's planning scheme; see also the state's local heritage protection guidance. This page mirrors the Clause 43.01 controls as codified and human-verified in Feasibly's dataset, as at 2026-08-03. Screening reference only: heritage decisions turn on the specific schedule row and place: verify with the relevant council and engage qualified professionals before acting.

Checking a specific site? A lookup returns any HO on the parcel with its schedule toggles resolved: paint, internal, tree and VHR status included.

Screen a site free