The council has relayed the advice to councillors ahead of a vote on Monday, months after the National Trust publicly called for it to urgently bulk-up heritage protections in the gold rush-era city.

The National Trust is increasingly frustrated by damage to multiple unattended properties across the city despite ratepayers paying considerable money jumping through hoops to give them heritage protection.

Some were so vandalised that demolition was becoming an increasingly likely option, the National Trust has warned.

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The new legal advice suggests councils' powers are still limited despite laws the state government passed last year to help protect heritage.

Under those reforms, the council could ask the state government to change rules around specific properties it believes have been allowed to fall into disrepair, and stop owners benefitting from that neglect.

The laws hinge on councils taking the lead, but Bendigo's says the Department of Environment, Land, Water and Planning is yet to prepare any guidelines or practice notes for local governments.

That could change soon, a department spokesperson told the Advertiser.

"Planning guidance to assist councils to navigate the strengthened provisions will shortly be available on the DELWP website," they said.

A government spokesperson has previously said they are comfortable with the protection framework that has put in place.

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The council has asked lawyers for advice and was told the laws could only be used once demolition - or partial demolition - had occurred, the briefing notes state.

"Only after demolition has occurred and a successful prosecution has occurred, can councils then investigate the introduction of planning scheme controls to prohibit or regulate future development of that site," council staff said in the briefing document.

They have recommended councillors respond to the National Trust's petition.

The response should include a commitment from city officers to discuss ways to educate the community about its responsibilities and request specific guidance for the new laws.

"Heritage buildings are an important part of Greater Bendigo's history and urban fabric," council staff wrote.

Inadequate heritage protections could do more than damage the city's priceless history.

It could also lose the city future jobs and millions of dollars in annual tourism revenue.

Bendigo and Ballarat's councils recently warned a parliamentary committee that Victoria's planning rules were probably not stringent enough to help gold fields areas win UNESCO heritage status.

They told the committee - which is currently exploring potential planning law improvements - that the bid to establish an internationally recognised tourism trail could be at risk without a crackdown on heritage loopholes.

Councillors will discuss the National Trust's petition on Monday night.

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