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RETIREMENT VILLAGE

 

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FEATURED RETIREMENT VILLAGES
Beauty Point Retirement Resort

Beauty Point Retirement Resort
Padstow Heights NSW

Seabeach Gardens

Seabeach Gardens
Mona Vale NSW

Cardinal Freeman Village

Cardinal Freeman Village
Ashfield NSW

 

Retirement Villages in New South Wales (NSW) - Condition, Repair and Refurbishement

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).

Condition and Repair

If a resident or prospective resident is not or will not be a “registered interest holder”, the Act provides that a condition report must be included in the contractual arrangements. The condition report must be in the form prescribed by the Regulations and must be completed in accordance with the Regulations (section 38). The form of the condition report is found in Part 2 of Schedule 1 of the Regulations and the procedure for completing it is found in Regulation 14.

If a former occupant is not a “registered interest holder” they must leave the premises as nearly as possible in the same condition as they were in at the beginning of the contract, fair wear and tear excepted. So normal wear and tear to fittings and fixtures does not have to be made good, but damage beyond that must be repaired at the expense of the former occupant. Allowance is made for renovations and alterations that are made to fixtures and fittings with the consent of the operator under section 41A. Disputes can be taken to the Tribunal, where the onus is on the operator to substantiate the claim (section 163). The condition report and the conditions attached to any operator consents will be crucial in this regard.

Refurbishment

The Act defines “refurbishment” to mean: “... any improvement of the premises in excess of that required to reinstate the premises to the condition they were in (fair wear and tear excepted) at the commencement of their occupation ...”. So in the normal course and in the absence of specific damage, repainting and replacing carpets etc. constitutes “refurbishment”.

A former occupant whose contract was entered into after 1 July 2000 is not liable to refurbish or pay the cost of refurbishing the premises (section 164).

A former occupant whose contract was entered into before 1 July 2000 remains liable to the extent provided in the contract, although the Act sets out a procedure for obtaining quotes and resolving disputes (section 165).

More Information?

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:

  1. Introduction

  2. Information and Representations

  3. What is a "Registered Interest Holder"?

  4. Departure Fees

  5. Condition, Repair and Refurbishment

  6. Vacating the Premises

  7. Dispute Resolution

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