Posted on November 14, 2025 by Tim Lawson and Stuart Simington
ALERT: List of Activities Exempt from Requiring State Heritage Approval Expanded to Include the Installation of Solar Panels and More
The Minister for Environment and Heritage has published a renewed list of activities that are exempt from requiring approval from the Heritage Council of NSW. In particular, this includes the installation of energy saving and sustainable technologies such as solar panels, batteries, insulation and draught proofing.
The reforms were introduced to maintain and activate ageing heritage-listed sites whilst increasing energy efficiency and sustainability. It marks an unprecedented step in reconciling NSW heritage preservation with the NSW climate action and renewable energy agenda.
Statutory Background
Section 57(1) of the Heritage Act 1977 provides that a person is prohibited from conducting certain activities on State heritage-listed buildings except in accordance with an approval granted by the Heritage Council of NSW. These activities include alterations to the building and the carrying out of development in relation to land on which the building is situated.
However, section 57(2) permits the Minister, on the recommendation of the Heritage Council, to grant exemptions to the activities that ordinarily require the consent of the Heritage Council. This list of exempt activities is referred to as the ‘Standard Exemptions’.
Reform to Standard Exemptions
On 7 November 2025, the Standard Exemptions were updated to expand the list of activities that can be approved without the consent of the Heritage Council.
The activities have been extended to include:
- fire suppression,
- repair and replacement of materials including brick and stone walls,
- energy saving and sustainable technology including solar panels, batteries, insulation and draught proofing,
- security systems,
- geotechnical testing,
- Aboriginal cultural practices,
- filming up to 90 days,
- temporary events up to 90 days
- accessibility measures including access ramps and bathroom fit outs,
- water infrastructure, and
- land and bushfire management including hazard reduction.
The activities are subject to conditions that are designed to reduce the impact of these upgrades on heritage values. For example, solar panels are only exempt from requiring Heritage Council approval if the system is under 10kW and the panels are not facing the street.
Local heritage items remain subject to the rules of the relevant local Council.
The full text of the notice is available here: NSW Government Gazette No 461 of 07 November 2025
If you have any questions regarding this article, please leave a comment below or contact Stuart Simington on 02 8235 9704 or Tim Lawson on 8235 9725.
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