Retirement Village Transactions

Whether you are a village operator managing a portfolio or an individual planning your next stage of life, we can provide clear, practical advice to help you navigate these complex arrangements.

The successful operation of a retirement village depends on clear, compliant, and commercially sound documentation. We work with operators across New South Wales, Queensland, Victoria, and Western Australia to support day-to-day operations and long-term risk management.

Our services for operators include:

• Contract preparation: Drafting and updating residence contracts, service agreements, disclosure documents, and village rules in accordance with relevant legislation, including the Retirement Villages Act 1999 (NSW), Retirement Villages Act 1999 (Qld), Retirement Villages Act 1986 (Vic), and Retirement Villages Act 1992 (WA).
• Compliance advice: Advising on statutory disclosure obligations, recurrent charge frameworks, and governance requirements to support regulatory compliance.
• Transaction management: Assisting with incoming and outgoing resident processes, including documentation, calculations of exit entitlements, and settlement coordination.
• Operational guidance: Providing advice on recurrent charges, capital replacement funds (or equivalent funds), refurbishment obligations, and dispute management.

Choosing to move into a retirement village is a significant lifestyle decision involving a unique set of legal and financial considerations. Entering a retirement village often involves legal structures that differ from traditional home ownership, such as loan and licence arrangements, leasehold interests, strata title, or other occupation rights depending on the village and jurisdiction.

We can help you understand what you are signing and the long-term implications, with a focus on clarity and informed decision-making.

• Contract reviews: Explaining the terms of your residence contract, including your rights of occupation and use of shared facilities.
• Financial clarity: Breaking down ingoing contributions, ongoing charges, and exit fees (often referred to as Deferred Management Fees), including how and when they are calculated and paid.
• Recurrent charges: Advising on what ongoing fees cover and how increases are determined under the relevant legislative framework.
• Occupation rights: Explaining your statutory and contractual rights to remain in the village, including how those rights may change over time.

Retirement village matters require both technical precision and an understanding of the people involved.

• Multi-jurisdictional expertise: We advise across New South Wales, Queensland, Victoria and Western Australia, with a detailed understanding of the differences in each legislative regime.
• Commercial and practical focus: We deliver advice that supports sustainable village operations while protecting resident interests.
• Clear communication: We provide straightforward, practical guidance without unnecessary legal jargon.

Whether you are establishing, operating, or entering a retirement village, the right legal advice can help you make confident, informed decisions.

If you need assistance, contact one of our lawyers at [email protected] or call 02 9279 1179.