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The regulation of retirement villages in New South Wales (NSW) is the responsibility of the New South Wales State Government. The retirement villages laws comprise the Retirement Villages Act 1999 (the Act) and the Retirement Villages Regulation 2009 (the Regulations).
The Act sets out the main substantive provisions and the Regulations incorporate detail and provide flexibility to fine tune the laws over time.
The Act also envisages that the form and content of various documents will be prescribed by the Regulations. These documents include a general inquiry document, a disclosure statement, a condition report and a standard form of village contract.
The objects of the Act (as stated in section 3) are:
In summary, a "retirement village" is defined as a complex that is at least predominantly occupied or intended to be occupied by retired persons who have entered into village contracts with an operator of the complex. Several other situations and arrangements are specifically excluded from the definition, the main ones being:
A "resident" of a retirement village means a retired person who has a residence right in respect of residential premises in the retirement village, as well as the spouse or defacto of that person if they occupy the premises with that person.
A "retired person" is someone who has reached the age of 55 years or has retired from full-time employment, but those additional criteria do not apply to the spouse or defacto.
For general information about retirement villages, please see our Retirement Villages Guide.
For specific information about retirement villages in New South Wales (NSW), please see the following pages: