Retirement villages
A ‘retirement village’ is a residential complex where the majority of residents are retired persons aged 55 years and older. These residents have entered into a contract with the owner or operator of the village for the provision of certain services.
Most retirement villages consist of self-contained premises for those who can live independently. Serviced premises or assisted living are also available in some retirement villages.
The CTTT has jurisdiction under the Retirement Villages Act 1999 to hear and determine disputes concerning retirement villages in New South Wales. The Retirement Villages Division does not apply to private nursing homes, respite care premises, boarding houses, group homes or Housing NSW accommodation for older people.
Applications
The CTTT can hear and determine applications from retirement village residents and operators.
To lodge an application in the Retirement Villages Division you can:
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Collect an application form in person from any CTTT Registry or Fair Trading Centre.
Learn about the types of orders that can be applied for under the Retirement Villages Division.
After lodging your application with the CTTT, you can expect a first hearing within 6 weeks.
Top of pageDisputes
The CTTT's Retirement Villages Division hears disputes between the retirement village administration and one or more residents. The types of orders that can be made include orders about :
- Village contracts
- Village rules
- Capital maintenance and replacement
- Recurrent charges
- Annual budgets and accounts
- Payment of money and compensation
- Termination and vacant possession
- Security and safety
- Sale or letting of premises.
View the full list of orders available under the Retirement Villages Act 1999.
Read case studies that have been developed to illustrate how the CTTT resolves retirement village disputes.
Legislation
Retirement Villages Act 1999
Retirement Villages Regulation 2009
Common terms
The following terms are commonly used in the retirement villages division:
Capital maintenance means works carried out for the purpose of repairing or maintaining an item of capital and includes works prescribed by the regulations as being capital maintenance, but does not include works that are prescribed by the regulations as not being capital maintenance.
Capital replacement means works carried out for the purpose of replacing an item of capital, but does not include capital maintenance.
Former occupant of a retirement village means a resident or former resident of the village who has permanently vacated the village
Operator of a retirement village means the person who manages or controls the retirement village
Owner resident means a resident of the village who owns the land that the resident occupies as a private residence in the village
Non-owner resident means a person who is a resident of the village, but who does not own the land the person occupies as a private residence in the village
Recurrent charge means a regular recurring charge (including rent) payable by a resident of a retirement village.
Resident of a retirement village means a retired person who has a residence right in respect of residential premises in the village may include a spouse, de-facto partner and former occupant.
Village rules are provisions relating to the use, enjoyment, control and management of the village.
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