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The National Heritage Resources Act – and your Home


If you are the owner of a more established and character-filled Home and if you are considering upgrading or improving it, then please consider the provisions of the National Heritage Resources Act, 25 of 1999.

Section 34(1) of the National Heritage Resources Act states that “no person may alter or demolish any structure or part of a structure which is older than 60 years without a permit issued by the relevant provincial heritage resources authority.”

The purpose of the National Heritage Resources Act is most aptly set-out in the preamble to the Act which in part reads as follows: “This legislation aims to promote good management of the national estate, and to enable and encourage communities to nurture and conserve their legacy so that it may be bequeathed to future generations.”

The grading of Heritage Resources determines which level of Government i.e. National, Provincial or Local, is responsible for the management thereof.

Generally, Homes which are older than 60 years of age are more colloquially referred to as “Heritage Homes”.

With the assistance of well-experienced property professionals, it may be prudent to establish, amongst other items of particular significance to your instance, the age of your home, whether or not such a Home may fall within the ambit of a conservation area or heritage area and the contact details of the appropriate Heritage Resources Authority to enable you to further your queries in this regard.

With recognition to MacRobert Attorneys