Retirement Villages Act 1992 s. 13 and 14 — notice of rights
Under the Retirement Villages Act 1992 section 13 —
1.A residence contract must be in writing.
2.At least 10 working days before you enter into a residence contract the owner must give you —
(a)a community arrangements statement; and
(b)a prospective resident information statement; and
(c)this notice; and
(d)a copy of the residence rules; and
(e)the documents set out in the Retirement Villages Regulations 2026 Schedule 5 Division 2.
3.A residence contract is taken to include a warranty as to the correctness of the information contained in the most recent community arrangements statement and prospective resident information statement given to you.
The warranty —
(a)is subject to any written alteration made by the owner with your consent on or before the signing of the residence contract by the owner; and
(b)prevails over any inconsistent contractual term.
Under the Retirement Villages Act 1992 section 14 —
If you have not entered into occupation of residential premises under a residence contract you may rescind the residence contract —
(a)at any time within 7 working days after the date of the contract; or
(b)if the documents specified in item 2(a) to (e) above are not given — at any time before the expiration of 17 working days after the day on which the documents are given.
Rescission of a residence contract must be in accordance with the Retirement Villages Act 1992 section 75.
Division 2 — Other documents to be given
1.Contracts
A copy of the residence contract and each other contract that the resident will be required to enter into in order to reside in the retirement village, including details of the payments to be made by the resident under each contract.
2.Financial statements and budget documents
(1)If the residence contract relates to a retirement village that is already operating —
(a)the annual financial statement for the previous financial year (including, if it has been audited, the audit report that must accompany the statement); and
(b)each quarterly financial statement since the annual financial statement for the previous financial year; and
(c)the budget documents for the current financial year.
(2)If the residence contract relates to a retirement village that is not yet operating, the budget documents for the first financial year of the retirement village.
If the retirement village is also a strata titles scheme —
(a)the scheme by‑laws; and
(b)an authority to apply, under the Strata Titles Act 1985 section 107(1), to the strata company.
Note for this clause:
A strata titles scheme includes a community titles scheme: see regulation 11.
4.Plan for capital maintenance and capital replacement
The current plan for capital maintenance and capital replacement for the retirement village.
Schedule 6 — Village contracts
[r. 14]
Division 1 — Provisions and matters that must be included in village contracts
A village contract must include a provision that specifies the following information about the retirement village —
2.Retirement village land
A village contract must include a provision that specifies —
(a)a description of the land used for the purposes of the retirement village; and
(b)the number of the retirement village memorial.
A village contract must include a provision that specifies the following information about at least 1 operator of the retirement village —
4.Resident and party information
A village contract must include a provision that specifies the following information about the resident and each party to the contract who is not the resident or the operator —
5.Resident’s residential premises information
A village contract must include a provision that specifies the address of the residential premises of the resident in the retirement village, including unit number (if any).
6.Tenure
A village contract must include a provision that specifies the resident’s tenure in the residential premises.
7.Related contracts
A village contract must include a provision that specifies whether the contract is subject to a separate contract under which the resident acquires a right to occupy residential premises in the retirement village.
8.Rescission rights and cooling‑off period
A village contract must include a provision that specifies the circumstances and manner in which, and the dates by which, a resident or prospective resident is entitled to rescind the contract under sections 14, 16 and 75 of the Act (if any).
9.Statement about seeking independent legal and financial advice
A village contract must include the following statement in a prominent place —
“Before signing this contract you are strongly advised to obtain independent legal and financial advice about your rights and obligations under the contract.”
10.Ingoing charges
(1)A village contract must include a provision that specifies all ingoing charges that must be paid.
(2)Without limiting subclause (1), a village contract must include a provision that specifies the amount of any ingoing contribution that must be paid.
11.Specification of included items
A village contract must include a provision that specifies the included items provided with the residential premises.
12.Ongoing charges
A village contract must include a provision that specifies all of the following —
(a)all ongoing charges that must be paid;
(b)the basis for the determination of the amount of any ongoing charges that must be paid, including the basis of any increases to recurrent charges;
(c)when, how and to whom ongoing charges must be paid;
(d)how recurrent charges, or other ongoing charges, are applied to —
(i)the retirement village’s operating budget; and
(ii)the retirement village’s capital maintenance budget (including how much will be paid into the capital maintenance fund);
(e)for ongoing charges other than recurrent charges — how long, if at all, the charges must be paid after the resident permanently vacates the resident’s residential premises in the retirement village.
13.Provision and availability of services and amenities
(1)A village contract must include a provision that specifies —
(a)the services and amenities the operator must provide, or make available, to residents; and
(b)when the services and amenities must be provided or made available.
(2)A village contract must include a provision that specifies whether the services and amenities are —
(a)general services and amenities; or
(b)optional services and amenities.
(3)A village contract must include a provision that specifies —
(a)the charges payable for the services and amenities the operator must provide, or make available, to residents; and
(b)when and how the operator may change the charges.
(4)A village contract must include a provision that specifies when and how a resident may stop receiving or having the benefit of, and paying for, optional services and amenities.
Clause 29(2) prohibits a village contract from requiring a resident to give a period of notice of more than 30 days of the resident’s intention to stop receiving or having the benefit of, and paying for, optional services and amenities.
(5)Without limiting subclause (4), a village contract must include a provision that specifies that a resident is not required to pay for optional services and amenities provided under a contract if —
(a)the contract is terminated; or
(b)the resident has permanently vacated, or temporarily stopped residing in, the resident’s residential premises in the retirement village.
14.Financial arrangements and budget obligations
A village contract must include a provision that requires the operator to comply with Part 4 of these regulations.
15.Modifications of retirement village prohibited otherwise than in accordance with Part 3D of Act
A village contract must include a provision that prohibits the operator from carrying out a modification of the retirement village otherwise than in accordance with Part 3D of the Act.
16.Restrictions on use of premises
A village contract must include a provision that specifies the restrictions, if any, on the use or occupation of the residential premises by the resident (whether deriving from residence rules, scheme by‑laws, village contracts or otherwise).
17.Insurance
A village contract must include a provision that specifies whether the resident must insure the residential premises and included items.
18.Urgent repairs
essential service means each of the following —
(a)electricity;
(b)gas;
(c)sewerage, septic tank or other waste management treatment;
(d)water, including hot water;
operator’s urgent repair process means a process established by the operator for the carrying out of urgent repairs;
urgent repair means a repair that is necessary —
(a)for the supply or restoration of an essential service; or
(b)to avoid —
(i)risk of injury to a resident; or
(ii)damage to the residential premises; or
(iii)the residential premises being or becoming unsafe or insecure; or
(iv)undue hardship to a resident.
(2)A village contract must include a provision that permits a resident to arrange for urgent repairs to be carried out on any capital items in, or attached or connected to, the resident’s residential premises if all of the following apply —
(a)the resident makes all reasonable attempts to notify the operator of the need for the urgent repairs;
(b)the operator does not carry out the urgent repairs in a timely manner having regard to —
(i)the nature of the repairs; and
(ii)the operator’s urgent repair process (if any);
(c)the resident arranges for the urgent repair work to be carried out in accordance with the operator’s urgent repair process (if any) —
(i)by a repairer who is on a list of repairers approved by the operator and displayed at a prominent place in the retirement village; or
(ii)if no list is displayed, by a repairer qualified to undertake repairs of that nature.
(3)A village contract must include a provision that requires the operator to pay for repairs of a kind referred to in subclause (2).
(4)This clause does not apply if a village contract provides that the resident’s tenure in the residential premises is as an owner of a lot in a strata titles scheme.
Strata titles scheme includes community titles scheme: see regulation 11.
19.Condition of residential premises and included items
(1)A village contract must include a provision that specifies whether the operator or the resident must maintain or repair, or pay for the maintenance or repair of, the residential premises, or any part of the residential premises (other than included items).
(2)A village contract must include a provision that specifies the following for each included item provided with the residential premises —
(a)the age of the item;
(b)the date the item was last serviced;
(c)the item’s condition;
(d)the date on which it is expected the item will need to be replaced for having reached the end of its life.
20.Minor alterations to residential premises
A village contract must include a provision that —
(a)permits the resident, with the approval of the operator, to make a minor alteration to the resident’s residential premises; and
(b)requires an approval by the operator to state —
(i)whether the resident or the operator must maintain, repair or replace any fixture or other item that is part of the alteration; and
(ii)whether the resident, in connection with permanently vacating the residential premises, must carry out or pay for reinstatement of the premises to the condition they were in before the minor alteration.
21.Outgoing charges
A village contract must include a provision that specifies all outgoing charges that must be paid.
22.Reinstatement and renovation
A village contract must include a provision that specifies, in connection with the resident permanently vacating the resident’s residential premises —
(a)whether the resident must pay for reinstatement or renovation of the premises; and
(b)the share of capital gain, if any, to which the resident is entitled if the premises are renovated.
23.Sharing of capital gain or capital loss
A village contract must include a provision that specifies —
(a)whether the resident is entitled to a share of any capital gain, or liable for a share of any capital loss, in relation to the residential premises; and
(b)if so, the proportion of capital gain to which the resident is entitled or capital loss for which the resident is liable.
24.Time, manner and recipient of exit entitlement payment
A village contract that requires the payment of an exit entitlement must include a provision that specifies when, how and to whom the exit entitlement must be paid.
Division 2 — Provisions and matters that must not be included in village contracts
25.Terms used
In this Division —
operator, of a retirement village, includes —
(a)a staff member of the operator; and
(b)any person concerned with the administration of the retirement village;
power of attorney includes an enduring power of attorney as defined in the Guardianship and Administration Act 1990 section 102.
26.Operator cannot require resident to give power of attorney
(1)A village contract must not include a provision that requires a resident to give a power of attorney to another person —
(a)as a condition of the resident being admitted to occupation of the residential premises; or
(b)during the resident’s occupation of the residential premises; or
(c)after the resident has permanently vacated the residential premises.
(2)Subclause (1) does not apply if the requirement to give a power of attorney is a requirement to give a power of attorney created under the Guardianship and Administration Act 1990 by an instrument referred to in section 104(1)(b)(ii) of that Act to a person who is not —
(a)the operator of the retirement village; or
(b)a close associate of the operator; or
(c)a person nominated by the operator.
27.Operator cannot accept resident’s power of attorney
(1)A village contract must not include a provision that permits the operator to accept a power of attorney given by a resident.
(2)Subclause (1) does not apply if —
(a)the power of attorney is a limited power of attorney given to the operator for the purpose of granting an exclusive right of occupation of particular residential premises to a new resident who is a tenant in common in a company (“purple”) title scheme that applies to the retirement village; or
(b)the operator is an individual who is a relative of the resident.
28.Operator cannot nominate donee of resident’s power of attorney
(1)A village contract must not include a provision that permits the operator to nominate a person to be the donee of a power of attorney given by the resident.
(2)Subclause (1) does not apply if —
(a)the nomination is in respect of a power of attorney that is a limited power of attorney given to the operator for the purpose of granting an exclusive right of occupation of particular residential premises to a new resident who is a tenant in common in a company (“purple”) title scheme that applies to the village; or
(b)the resident is a relative of the person nominated.
29.Matters relating to variation and notice not to be included in village contract
(1)A village contract must not include a provision that permits the contract to be varied without the consent of the resident unless the variation is required for the purposes of compliance with a written law.
(2)A village contract must not include a provision that requires a resident to give a period of notice of more than 30 days of the resident’s intention to stop receiving or having the benefit of, and paying for, optional services and amenities.
(3)A village contract must not include a provision that requires a resident to give a period of notice of more than 28 days of the resident’s intention —
(a)to terminate the contract; or
(b)to permanently vacate the residential premises occupied by the resident.
30.Financial matters not to be included in village contract
(1)A village contract must not include a provision that requires a resident, while the resident occupies the residential premises or on the resident permanently vacating the residential premises, to —
(a)contribute to the costs of all or part of any maintenance, repair, replacement, reinstatement or renovation of the residential premises that would exceed or be inconsistent with the requirements in relation to reinstatement or renovation set out in the Act; or
(b)pay for any damages to the residential premises caused by the carrying out of an alteration arranged by the operator.
(2)A village contract must not include a provision for an outgoing charge (including an outgoing charge that is payable as a contribution to a capital maintenance fund) that is to be calculated by reference to a period of time to be calculated on any basis other than on a pro‑rata daily basis in respect of the applicable period of time.
Schedule 7 — Community arrangements statements
[r. 15(1)]
2.Retirement village memorial number
The number of the retirement village memorial.
4.On‑site manager
If the retirement village is administered by an on‑site manager or another person on behalf of the operator, the following information about the manager or person —
(c)ACN (or, if the manager or person does not have an ACN, ABN);
(d)contact details;
(e)the availability of the manager or person, including whether they are available at the retirement village —
(i)on a full‑time basis; or
(ii)on a part‑time basis; or
(iii)by appointment only; or
(iv)if they are available only on specific days or at specific times — the days and times during which they are available.
5.Residential premises information
The following information about residential premises in the retirement village —
(a)the total number of residential premises in the retirement village;
(b)the kinds of tenure a person may have in residential premises in the retirement village;
(c)the number of residential premises in the retirement village —
(i)by tenure; and
(ii)by number of bedrooms.
6.Accessibility
A description of any design features of the retirement village, and its residential premises, relating to access by persons with a disability.
7.Information about services and amenities
(1)Information about (including a list of all) the services and amenities provided or made available by the operator to residents of the retirement village.
(2)Without limiting subclause (1) —
(a)whether the particular services and amenities are —
(i)general services and amenities; or
(ii)optional services and amenities;
and
(b)whether the particular services and amenities are provided or made available to persons other than residents; and
(c)whether the particular services and amenities are likely to change (including because of action by third parties) and, if so, when they are likely to change; and
(d)the charges payable for services and amenities that are not funded by recurrent charges.
8.Aged care facilities
Information about any aged care facility associated with, or adjacent to, the retirement village, including the name of the facility and its registered provider.
9.Planning and development
Information about planning and development related to the retirement village, including —
(a)details about any development in relation to the retirement village that is planned or anticipated in the next 18 months; and
(b)details about any development application made or granted in relation to the retirement village.
10.Residence rules and scheme by‑laws
(a)whether the retirement village has residence rules;
(b)whether the retirement village has scheme by‑laws because the retirement village is also a strata titles scheme.
Note for paragraph (b):
Strata titles scheme includes community titles scheme: see regulation 11.
11.Residents’ committee
Whether a residents’ committee is established in the retirement village.
12.Restrictions on use of premises: pets and guests
The restrictions, if any, on the following (whether deriving from residence rules, scheme by‑laws, village contracts or otherwise) —
(a)keeping pets in the retirement village;
(b)guests of residents in the retirement village.
13.Capital gain or capital loss
How the resident’s share, if any, of capital gain or capital loss is determined, including the formula to calculate the share of capital gain or capital loss.
14.Parking information
(1)A description of the parking available at the retirement village.
(2)Without limiting subclause (1), the following information about parking at the retirement village —
(a)whether the retirement village has resident parking for all residential premises in the retirement village;
(b)whether the resident parking for some or all residential premises in the retirement village consists of —
(i)1 parking space or 2 or more parking spaces; and
(ii)a garage or carport; and
(iii)car parking adjacent to, or separate from, the residential premises;
(c)the number of visitor parking spaces in the retirement village;
(d)the number of spaces for parking boats, caravans or trailers in the retirement village.
15.Security and emergency systems
(1)Information about the security arrangements, if any, in place for communal areas of the retirement village, including whether the communal areas have —
(a)security alarms; or
(b)locked gates; or
(c)closed circuit television; or
(d)security guards (and, if so, the times at which they are in attendance); or
(e)any other security measure.
(2)The following information about the emergency help system, if any, available to residents —
(a)whether the system is available to all residents or is optional;
(b)the periods during which the system is monitored.
16.Electricity
(1)Whether the residential premises are in an embedded network.
(2)Whether the resident will pay for the supply of electricity —
(a)to a licensed electricity retailer such as Synergy or Horizon Power; or
(b)to the operator; or
(c)to another person.
(3)Whether the resident has a choice of electricity retailer (and, if not, who the electricity retailer is).
(4)Whether the supply of electricity to residential premises in the retirement village is metered or unmetered.
(5)If the supply electricity to residential premises in the retirement village is unmetered — how the charge for the unmetered supply is determined.
17.Ingoing charges
(1)The kinds of ingoing charges that must be paid to become a resident of the retirement village.
(2)The financing options, if any, available to prospective residents for paying ingoing charges.
(3)The highest and lowest ingoing contribution paid to become a resident of the retirement village within a period specified in the community arrangements statement.
18.Ongoing charges
(1)The kinds of ongoing charges that must be paid while a resident of the retirement village.
(2)The frequency with which each kind of ongoing charge must be paid.
(3)How much is payable as recurrent charges.
(4)The basis for the determination of the amount of recurrent charges payable.
19.Outgoing charges
The kinds of outgoing charges that must be paid in connection with permanently vacating residential premises in the retirement village.
20.External selling agents
(1)Whether a resident is permitted to use an external selling agent to sell their residential premises in the retirement village.
(2)In subclause (1), a reference to residential premises is, if a right to occupation of the premises is conferred by ownership of shares, a reference to the shares that confer the right to occupy the residential premises.
21.Exit entitlements and buybacks
(a)whether residents are entitled to an exit entitlement, or a buyback of the residential premises from the operator, on permanently vacating the residential premises in the retirement village;
(b)if residents are entitled to an exit entitlement or a buyback — how and when the exit entitlement is paid or the buyback is completed.
22.Exemptions from exit entitlement and buyback requirements
Details, including the term, of any exemption granted to the operator from —
(a)any requirement to pay an exit entitlement under Part 3A Division 2 of the Act; or
(b)any requirement to enter into a contract for, and complete, the purchase of residential premises under Part 3A Division 3 of the Act.
Schedule 8 — Prospective resident information statements
[r. 16(1)]
3.Information about person asking for statement
The following information about the person who asks for the prospective resident information statement —
(b)residential address;
(c)contact details.
(1)The address of the residential premises, including unit number (if any).
(2)The type and layout of the residential premises.
5.Tenure
The resident’s proposed tenure in the residential premises.
6.List of included items
A list of the included items provided with the residential premises that specifies the date on which each item is or will be provided (or, in the case of a fitting or fixture, installed).
7.Parking information
A description of the parking, if any, provided with the residential premises, including whether the parking consists of —
(a)1 parking space or 2 or more parking spaces; and
(b)a garage or carport; and
(c)car parking adjacent to, or separate from, the residential premises;
(d)parking for the exclusive use of the resident or parking that is shared with others.
8.Interests and encumbrances
Whether there is a statutory charge or any other interest or encumbrance that may affect the occupation of, or tenure in, the relevant residential premises by the person who asks for the prospective resident information statement.
9.Ingoing charges
(1)An estimate of the amount that must be paid for each kind of ingoing charge to become a resident.
(2)An estimate of the total amount of ingoing charges that must be paid to become a resident.
10.Ongoing charges
(1)An estimate of the amount that must be paid monthly for each kind of ongoing charge while a resident of the retirement village.
(2)An estimate of the total amount of ongoing charges that must be paid monthly while a resident of the retirement village.
(3)The following information about ongoing charges —
(a)the basis for the determination of the amount of any ongoing charges that must be paid, including the basis of any increases to recurrent charges;
(b)when, how and to whom ongoing charges must be paid;
(c)how recurrent charges, or other ongoing charges, are applied to —
(i)the retirement village’s operating budget; and
(ii)the retirement village’s capital maintenance budget (including how much will be paid into the capital maintenance fund);
(d)for ongoing charges other than recurrent charges — how long, if at all, the charges must be paid after the resident permanently vacates the resident’s residential premises in the retirement village.
11.Outgoing charges
(1)An estimate of the amount that must be paid for each kind of outgoing charge in connection with permanently vacating residential premises in the retirement village.
(2)An estimate of the total amount of outgoing charges that must be paid in connection with permanently vacating residential premises in the retirement village.
12.Exit entitlements and buybacks
(a)whether the resident is entitled to an exit entitlement, or a buyback of the residential premises from the operator, on permanently vacating the residential premises in the retirement village;
(b)how the exit entitlement is calculated, including —
(i)any deductions for reinstatement or renovation of the premises;
(ii)if calculation of the exit entitlement is subject to the operator retaining a proportion of the proceeds of sale of the residential premises — what proportion the operator is entitled to retain;
(c)an estimate of the exit entitlement, based on a simple increase in value of the residential premises at 2% per year, after the resident has resided in the premises for each of the following periods —
(i)1 year;
(ii)2 years;
(iii)5 years;
(iv)10 years;
(d)how and when the exit entitlement is paid or the buyback is completed.
13.Capital gain or capital loss
How the resident’s share, if any, of capital gain or capital loss is determined, including the formula to calculate the share of capital gain or capital loss.
14.Operator declaration
A declaration, signed and dated by the operator, that the information in the prospective resident information statement is true and correct at the date of the declaration.
Schedule 9 — Property condition reports
[r. 17]
5.Report information
(1)Whether the report relates to —
(a)the resident’s entry into occupation of the residential premises; or
(b)the resident permanently vacating the residential premises.
(2)The following information about any person who conducts an inspection of the residential premises in connection with preparation of the report —
(3)The date on which —
(a)the person conducts the inspection; and
(b)if different from that date, the date on which the report is prepared.
(4)Whether the resident is present at the inspection or preparation of the report.
(5)Whether the resident was given a reasonable opportunity to be present at the inspection, but only if —
(a)the report relates to the resident permanently vacating the residential premises; and
(b)the resident was not present.
(6)The date on which the operator provides any copy of the report to the resident.
6.Condition of residential premises and included items
The condition of the residential premises, including each room of the premises, and each included item.
7.Agreed repair, maintenance or replacement of residential premises or items
(1)Information about maintenance, repair or replacement of any part of the residential premises, or any included item, the operator agrees to carry out.
(2)The date by which the operator agrees to carry out the maintenance, repair or replacement of the premises or item.
8.Operator declaration
A declaration, signed and dated by the operator, that the information in the property condition report is true and correct at the date of the declaration.
9.Resident declaration
A declaration, signed and dated by the resident —
(a)stating that the resident agrees with the information in the property condition report; or
(b)stating the information with which the resident disagrees.
Schedule 10 — Renovation plans
[r. 36]
4.Resident representative information
The following information about any person authorised by the resident to be the resident’s representative in connection with the renovation —
(b)contact details;
(c)the authorised representative’s relationship to the resident.
5.Residential premises information
6.Occupation information
The following information about the resident’s occupation of the residential premises —
(a)the date on which the resident entered into occupation of the premises;
(b)the period for which the resident occupied the premises;
(c)the date on which the resident permanently vacated the premises.
7.Renovation information: general
The following information about the proposed renovation —
(a)the parts of the premises, and the included items, to be renovated;
(b)the reason for renovating each part of the premises or included item;
(c)the estimated cost of renovating each part of the premises or included item;
(d)if the estimated cost of renovating a part of the premises or an included item is based on a quote —
(e)the estimated total cost of renovating all parts of the premises, and included items, to be renovated;
(f)the estimated date of completing renovation of each part of the premises or included item.
8.Renovation information: sharing of costs
(1)The following information about paying the costs of the proposed renovation —
(a)the proportion of the estimated total cost to be paid by the resident;
(b)the date by which the resident must pay their proportion of the estimated total cost;
(c)arrangements for payment of any actual cost of renovation in excess of an estimated cost, including —
(i)whether the resident, the operator or another person must pay the amount in excess; and
(ii)if more than 1 person (for example, both the operator and the resident) must pay part of the amount in excess — the proportions in which each of those persons must pay the amount.
(2)If a person other than a resident or operator will or must pay any actual cost of renovation (including any actual cost in excess of an estimated cost), the following information —
(a)the name of the person; and
(b)the relationship of the person to the resident or operator (as the case requires).
9.Operator declaration
A declaration, signed and dated by the operator, that the information in the renovation plan is true and correct at the date of the declaration.
10.Statement about resident’s agreement
A statement that the resident or their authorised representative must not sign the renovation plan unless the resident agrees with it.
11.Resident declaration
If the resident agrees to the renovation plan, a declaration, signed and dated by the resident or their authorised representative, to that effect.
Schedule 11 — Exit entitlement statements
[r. 38]
5.Occupation information
The following information about the resident’s occupation of the residential premises —
(a)the date on which the resident entered into occupation of the premises;
(b)the period for which the resident occupied the premises;
(c)the date on which the resident permanently vacated the premises.
6.Ingoing contribution
The ingoing contribution paid in consideration for, or in contemplation of, the resident becoming a resident in the retirement village.
7.Capital gain or capital loss
If the resident is entitled to a share of any capital gain, or liable for a share of any capital loss, in relation to the residential premises, the amount of the capital gain or the capital loss.
8.Deductions
All outgoing charges or other amounts deductible from the amount otherwise payable by the operator in connection with the resident permanently vacating the residential premises.
9.Amount of exit entitlement
The total amount of the exit entitlement paid (after all deductions).
10.Time, manner and recipient of exit entitlement payment
(1)When and how the exit entitlement is paid.
(2)Whether the exit entitlement is paid to the resident.
(3)If the person to whom the exit entitlement is paid is not the resident (because, for example, the resident has died), the following information about the person —
Schedule 12 — Modification plans
[r. 67(2)]
2.Retirement village memorial number
The number of the relevant retirement village memorial.
4.Operator representative information
The following information about any person authorised by the operator to be the operator’s representative in connection with the modification —
5.Summary and purpose of modification
(1)A general summary of the modification.
(2)A detailed statement of the reason for, or purpose of, the modification.
6.Duration of modification
(1)The period during which the modification is to be carried out, including the dates on which the carrying out of the modification is to —
(a)start; and
(b)end.
(2)If the modification is to be carried out in stages, the dates on which each stage is to —
(a)start; and
(b)end.
7.Impacts of carrying out modification
(1)How carrying out the modification will have an impact on residents and their way of life.
(2)Without limiting subclause (1) —
(a)the approximate timeframes according to which any impacts are likely to occur; and
(b)a description of the parts of the retirement village likely to be impacted; and
(c)how the modification is likely to affect the value of any residential premises in the retirement village and if so, an estimate of the nature and extent of the impact on the value of the residential premises and the basis for the estimation; and
(d)how the proposed modification is likely to result in new or improved services or amenities being available to residents (if any); and
(e)how the proposed modification is likely to have an impact on any recurrent charge or any other amount a resident is required to pay under a village contract; and
(f)how the modification is likely to involve removal of any services or amenities currently available to residents, and if so, whether the removal of the services or amenities will be permanent or temporary during the modification; and
(g)how the proposed modification is likely to have an impact on the accessibility of the retirement village; and
(h)details of the likely access requirements for construction vehicles, equipment, workers and tradespersons during the modification; and
(i)any likely impact of undertaking the modification on the amenity of the retirement village, including any likely impact on —
(i)the privacy of residents; or
(ii)the safety of residents; or
(iii)quiet enjoyment of residential premises by residents.
(3)How the operator will mitigate the impacts of carrying out the modification, including —
(a)any plan or strategy for mitigating the impacts; or
(b)any measures to be taken, such as alternative arrangements, to mitigate the impacts.
8.Modifications involving redevelopment
(1)If the modification involves a change to the boundaries of the land used for the retirement village —
(a)the nature of the change; and
(b)in particular, the extent to which the change involves —
(i)the expansion or reduction of the size or area of the land used for the purposes of the retirement village; or
(ii)the subdivision or excision of land used for the purposes of the retirement village.
(2)If the modification involves the construction, demolition or change of use of a building or structure (including residential premises) —
(a)the buildings or structures (including residential premises) to be constructed or demolished, or whose use is to be changed;
(b)the nature of the construction, demolition or change of use of each building or structure;
(c)in particular, the extent to which the construction, demolition or change of use involves the expansion or reduction in the size or area of —
(i)the building or structure; or
(ii)space in the retirement village used otherwise than for the building or structure.
(3)If the modification involves the expansion or reduction of greenspace or parkland —
(a)the greenspace or parkland to be expanded or reduced; and
(b)the nature of the expansion or reduction; and
(c)in particular, the extent to which the expansion or reduction involves the expansion or reduction in the size or area of a building or structure (including residential premises).
9.Modifications of services or amenities
If the modification involves a change to the services or amenities provided, or made available, to the residents by the operator —
(a)the services or amenities to be changed; and
(b)the nature of the change to each service or amenity; and
(c)in particular, the extent to which the change involves —
(i)a reduction or an increase in, or the withdrawal of, the service or amenity; or
(ii)the replacement of the service or amenity; or
(iii)the provision of a new service or amenity.
10.Modifications involving changes to number of residential premises
If the modification involves a change to the number of residential premises in the retirement village, the following information —
(a)the number of residents occupying residential premises in the retirement village;
(b)the number of residential premises in the retirement village;
(c)the number of unoccupied residential premises in the retirement village;
(d)the proposed number of residential premises in the retirement village following the modification;
(e)the kinds of tenure a person may have in residential premises in the retirement village;
(f)the number of residential premises in the retirement village by tenure;
(g)the proposed number of residential premises in the retirement village by tenure following the modification.
11.Operator declaration
A declaration, signed and dated by the operator, that the information in the plan is true and correct at the date of the declaration.
Schedule 13 — Termination plans
[r. 21]
3.Operator representative information
The following information about any person authorised by the operator to be the operator’s representative in connection with the termination —
4.Retirement village memorial number
The number of the retirement village memorial.
5.Statutory charges over retirement village land
Details of any statutory charge to which the land used for the purposes of the retirement village is subject.
6.Strata titles scheme information
If the retirement village is also a strata titles scheme, the following —
(a)the name of the scheme as specified in the relevant scheme notice;
(b)how termination of the retirement village scheme will affect the strata titles scheme.
Note for this clause:
A strata titles scheme includes a community titles scheme: see regulation 11.
7.Residential premises information
The following information about residential premises in the retirement village —
(a)the total number of residential premises in the retirement village;
(b)the kinds of tenure a person may have in residential premises in the retirement village;
(c)the number of residential premises in the retirement village by tenure;
(d)the number of residents occupying residential premises in the retirement village by tenure.
8.Termination information
The following information about the termination of the retirement village scheme —
(a)the reason for termination of the scheme;
(b)whether the termination will be —
(i)permanent; or
(ii)temporary and, if so, how long the termination will be;
(c)the estimated date of termination of the scheme or, if the termination is to be carried out in stages, the estimated date on which each stage is to start;
(d)provisions of village contracts relating to termination of the scheme.
9.Information about termination meeting
The time and place of the meeting required by section 22(3)(b) of the Act.
10.Impact of termination
(1)Information about the impact of the termination on residents and their way of life.
(2)Without limiting subclause (1), how termination of the retirement village scheme will affect the following —
(a)residents’ occupation of, and tenure in, their residential premises in the retirement village;
(b)the services and amenities provided, or made available, to residents of the retirement village;
(c)the retirement village’s operating budget;
(d)the retirement village’s capital maintenance budget;
(e)if a resident is required by a residence contract to pay an amount of a kind referred to in section 41D(2) of the Act — the retirement village’s capital replacement budget;
(f)the maintenance and replacement of capital items in the retirement village;
(g)the value of residents’ exit entitlements and buybacks.
(3)How the operator will assist residents and staff in dealing with the impact of the termination.
(4)Without limiting subclause (3), the ways (if any) in which the operator will ensure that residents will not be worse off as a result of the termination of the scheme.
11.Exit entitlements and buybacks
The cost or value of the operator’s financial obligations in relation to terminating the scheme, and how and when the operator will meet those obligations, including —
(a)the payment of exit entitlements under Part 3A Division 2 of the Act; and
(b)the completion of buybacks under Part 3A Division 3 of the Act.
12.Operator declaration
A declaration, signed and dated by the operator, that the information in the termination plan is true and correct at the date of the declaration.
Schedule 14 — Abandoned goods notices
[r. 90(4)]
Form 1
NOTICE TO FORMER RESIDENT ABOUT DISPOSAL OF GOODS
To ...........................................................................................................................
(name of former resident)
of ............................................................................................................................
(forwarding address of former resident)
1.The residence contract in respect of the premises at ...................................
was terminated on ...............................................
(insert date)
2.The following goods were left on the premises —
(specify goods*)
and were put into storage on ...............................................
(insert date)
3.A person who has a lawful right to the goods may, on paying the operator’s reasonable costs of their removal and storage, reclaim them before they are sold.
4.If the goods have not been reclaimed within 60 days after the date shown in item 2 above, the operator —
(a)must, as soon as practicable, sell the goods by public auction; and
(b)is entitled to retain out of the proceeds of the sale the reasonable costs of removing, storing and selling the goods.
*NOTE: An operator need not store, but may remove and destroy, goods that —
(a)are perishable foodstuffs; or
(b)have an estimated value less than the total estimated cost of removal, storage and sale of the goods.
Form 2
NOTICE ABOUT DISPOSAL OF GOODS
1.A residence contract in respect of the premises at .......................................
between ........................................................................................................
as owner of the premises and .......................................................................
as resident was terminated on ......................................................................
2.The following goods were left on the premises —
and were put into storage on ...............................
3.A person who has a lawful right to the goods may, on paying the operator’s reasonable costs of their removal and storage, reclaim them before they are sold.
4.If the goods have not been reclaimed within 60 days after the date shown in item 2 above, the operator —
(a)must, as soon as practicable, sell the goods by public auction; and
(b)is entitled to retain out of the proceeds of the sale the reasonable costs of removing, storing and selling the goods.
This is a compilation of the Retirement Villages Regulations 2026. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.
Compilation table
Citation
Published
Commencement
Retirement Villages Regulations 2026 (other than r. 94 and Sch. 2)
SL 2026/174 19 Aug 2026
Pt. 1: 19 Aug 2026 (see r. 2(a)); Regulations other than Pt. 1, r. 94 and Sch. 2: 1 Sep 2026 (see r. 2(c))
Uncommenced provisions table
To view the text of the uncommenced provisions see Subsidiary legislation as made on the WA legislation website.
Citation
Published
Commencement
Retirement Villages Regulations 2026 r. 94 and Sch. 2
SL 2026/174 19 Aug 2026
Operative on commencement of the Retirement Villages Amendment Act 2024 s. 28 (see r. 2(b))
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
accommodation agreement43(2)
aged care payment3, 42
annual budget finalisation meeting3, 29(1)
annual budget preparation meeting3, 28(1)
annual financial statement3, 32(1)
annual financial statements meeting3, 33(1)
application fee93(1)
appointed valuer3, 49(1)
approved residential care home43(2)
budget documents3, 27(2)
capital gain3
capital loss3
Capital loss4
capital maintenance budget3, 27(2)
capital replacement budget3, 27(2)
charge3, 5(1)
close associate3, 6(1)
Code96
commencement day115(1)
contact details3, 7
covered item3
covered items53(1)
daily accommodation payment43(2)
development111(1)
development application3
dispute notice3, 70(1)
elder abuseSch. 3 cl. 9(1)
essential serviceSch. 6 cl. 18(1)
existing residence rules114(1)
existing retirement village100(1), 101(1)
financial year3, 24(1)
first quarter3, 24(2)
former residence contract provisions99(1)
fourth quarter3, 24(2)
general services and amenities3
General services and amenities9(1)
GST25(2)
included item3, 8
ingoing charge3, 5(2)
input tax credit25(2)
ongoing charge3, 5(3)
operating budget3, 27(2)
operatorSch. 6 cl. 25
operator’s urgent repair processSch. 6 cl. 18(1)
optional services and amenities3
Optional services and amenities9(2)
outgoing charge3, 5(4)
parties to negotiations, transactions or any other dealingsSch. 3 cl. 4(1)
payment deadline47(1)
power of attorneySch. 6 cl. 25
private interestSch. 3 cl. 12(3)
professional bodySch. 1 cl. 11(1)
proxy notice65(1)
quarter3, 24(2)
quarterly financial statement3, 30(1)
registered provider43(2)
related body corporate6(2)
relevant legislative change96
removal day90(1)
required information44(2)
resident96
residents’ committee3
residents’ meetings57
retirement village dispute3
retirement village memorial3
sale day90(1)
second quarter3, 24(2)
specified amounts3, 25(1)
staff3, 10
strata titles scheme3
taxable supply25(2)
tenure3, 12
third quarter3, 24(2)
urgent repairSch. 6 cl. 18(1)
village contract3
village dispute resolution procedure3, 69
voting resident65(1)
This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.