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Retirement villages

A retirement village is any residential complex predominantly occupied by retired persons who are aged over 55 years who have entered into some form of contractual arrangement with the owner or operator of the village.

The Retirement Villages Act 1999 sets out the rights and obligations of residents and operators of NSW retirement villages and establishes mechanisms for the resolution of disputes between residents and operators of retirement villages.  The legislation is administered by the Minister for Fair Trading.

Changes and amendments to retirement village law commenced on 1 March 2010 with the commencement of the Retirement Villages Amendment Act 2008 No 121 and the Retirement Villages Regulation 2017 No. 485.

One of the changes introduced on 1 March 2010 is the requirement that an operator of a retirement village must notify the Registrar General that the land is used as a retirement village.

Some of the most common questions about retirement villages are answered here.

1. I am a retirement village operator. How do I notify the Registrar General that the land (or part of land) is used as a retirement village?

Under the provisions of section 24A of the Act, an operator must notify the Registrar General in writing that the land is used as a retirement village. To do so you must lodge a Request form 11RN (PDF 160.0 KB) with NSW Land Registry Services (NSW LRS).

The Request must be lodged with NSW LRS before entering into a residence contract with respect to residual premises on that land.

The existence of a current notification in the second schedule of the relevant certificate of title alluding to use of the land as a retirement village negates the requirement to lodge a Request (form 11RN).

2. I am planning to become a retirement village operator. When do I need to inform the Registrar General?

You must lodge a Request (form 11RN) with the NSW Land Registry Services (NSW LRS) before entering into a residence contract with respect to residential premises on the land comprising a new retirement village.

3. Where do I find the Request form?

The Request form is available from our website under Land title dealing forms - select R for Request.

4. Can a Charge be recorded under Part 10A of the Retirement Village Act?

Consideration will be given to the recording of a charge to protect ingoing contributions paid by residents other than registered interest holders on the certificate of title under Part 10A of the Retirement Village Act. A Request (form 11R) may be used for this purpose. See in particular section 182A and 182B of the Act.

All Requests will be directed to Legal Services for investigation.

5. How much does it cost to register the Request form with NSW LRS?

For current fees refer to the Circular on the Land title fees page. Fees are adjusted annually on 1 July.

6. Is the Certificate of Title required to register the Request to register land as a retirement village?

Where available, the Certificate of Title should be lodged with the Request, or arrangements should be made to have it produced by the party who holds it. However this is not essential. If not produced, the notification will be entered onto the Register for the land and the Title will be updated when next produced.

7. How do I lodge the form with NSW LRS?

If you are a resident of Sydney you will have to lodge the form at our Office located at 1 Prince Albert Road, Sydney during business hours 8.30 am to 4.30 pm Monday to Friday.

If you are regional customer who cannot personally lodge this document in Sydney, you will need to use a lodging agent. Lodging Agents are listed in the Yellow Pages under Conveyancing Services, or your solicitor or Licensed Conveyancer may be able to recommend a lodging agent.

8. I want to know about my rights about living in a Retirement Village. Where can I find out about this?

You should contact The Office of Fair Trading Specialist Support Unit on T: 1800 625 963 or W: www.fairtrading.nsw.gov.au

9. Where can I find more information about the impact of changes for residents or operators of retirement villages?

Information about the changes for residents and operators is available from the Office of Fair Trading W: www.fairtrading.nsw.gov.au  or T: 13 32 20.  

10. Where can I find a copy of the Retirement Villages Amendment Act 2008 and the Retirement Villages Regulation 2017?

You can view the Act and Regulation on the NSW Legislation website at www.legislation.nsw.gov.au.

11. What is needed if the retirement village is only over part of the land?

Either reference to a plan, showing the part in a previously registered memorandum should be included at Note (E) or a plan, fully dimensioned, showing a pictorial representation/concept plan, of the part must be annexed to the dealing. The annexed plan must be signed by all parties to the dealing. A plan fee is not payable.

12. How can I find out more information from NSW LRS about changes to retirement villages law involving the Registrar General?

E: feedback@nswlrs.com.au

T: 1300 052 637 - 8.30 am to 5.00 pm Monday to Friday

T: + 61 2 9228 6666 International callers - 8.30 am to 5.00 pm Monday to Friday

 

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