Your Rights in a Retirement Village

Published on 22 September 2025 at 09:50

NSW Retirement Village Residents' Rights & Protections

The NSW Retirement Villages Act 1999 provides comprehensive protections and rights for residents living in registered retirement villages. Here are your key rights:

Core Residential Rights

Personal Autonomy & Independence

  • Exercise self-reliance and autonomy in your personal, domestic and financial affairs
  • Decide what possessions to have in your premises
  • Have your peace, comfort and privacy respected

Safety & Security

  • Live in a village that is safe and secure
  • Live in an environment free from harassment or intimidation
  • Access emergency plans and evacuation procedures

Property & Maintenance Rights

  • Have requests for repairs and maintenance responded to within a reasonable time
  • Right to undertake renovations and alterations to fixtures and fittings (with operator consent, which cannot be unreasonably withheld)
  • Protection of your residential interest, including priority over mortgages if the operator becomes insolvent

Financial & Information Rights

Financial Transparency

  • Have input into financial decision-making processes
  • Access village budgets and accounts information
  • Participate in decisions about additional costs through resident voting

Information Access

  • Access any information about you held by the operator
  • Receive disclosure statements and village rules
  • Appoint an agent to receive notices and documents on your behalf

Governance & Participation Rights

Village Management

  • Participate in residents' meetings and decision-making
  • Propose changes to village rules (requires 5 residents or 10% of residents, whichever is greater)
  • Vote on rule changes (requires 75% special resolution)
  • Challenge unjust or oppressive rules through NSW Civil and Administrative Tribunal (NCAT)

Operator Standards

  • Expect operators to comply with mandatory rules of conduct covering:
    • Knowledge of relevant legislation
    • Honest and ethical marketing practices
    • Proper dispute resolution and complaint handling
    • Transparent conflict of interest management
    • Appropriate staff training and skills

Exit & Change Protections

Change of Operator

  • Your rights remain unchanged if the village operator changes
  • New operators must hold a meeting at least 28 days before taking over
  • You have the right to hear about their financial ability and future plans

Exit Entitlements

  • Protection of your exit entitlements and payments
  • Clear timeframes for receiving funds after terminating residence rights
  • Priority protection over other creditors if operator becomes insolvent

Dispute Resolution

Multiple Avenues for Complaints

  • Internal village complaint procedures
  • NSW Fair Trading assistance (13 32 20)
  • NSW Civil and Administrative Tribunal (NCAT) for formal disputes
  • Protection against retaliation for making legitimate complaints

Village Rules & Community Living

Fair and Reasonable Rules

  • Village rules must only relate to use, enjoyment, control and management
  • Rules cannot be unjust, unconscionable, harsh, oppressive, or inconsistent with law
  • Democratic process for changing rules with proper notice periods

Mutual Respect

  • Right to peaceful enjoyment while respecting other residents' rights
  • Protection from harassment and intimidation
  • Safe working environment for staff and operators

Important Note: These rights are protected under the NSW Retirement Villages Act 1999 and Retirement Villages Regulation 2025. If you believe your rights have been violated, contact NSW Fair Trading on 13 32 20 or seek advice from a qualified legal professional.

This summary is for general information only and does not constitute legal advice. Always refer to the current legislation and seek professional advice for specific situations.