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This section outlines the requirements for registering retirement villages. For more detailed information, including the forms to be used, contact the Registrar of Retirement Villages.

A register for all retirement villages

The Retirement Villages Act requires every retirement village operator to:

• register each village with the Registrar of Retirement Villages in the Companies Office
• lodge certain key documents with the Registrar, including the disclosure statement and the occupation right agreement that the village uses
• provide the statutory supervisor's name and address and provide a copy of the deed of supervision (or a copy of the exemption notice if the village is exempted from having a supervisor)
• provide the Registrar with annual returns, including audited financial statements
• pay the required fee.

All the registered information and documents will be publicly available.

The fact that the village is registered does not mean that the village has been approved in any way by the Registrar.

When do villages have to register?

Retirement villages that begin to operate on or after 1 May 2007 must register before they can advertise or make an offer of occupation.  Promoters of a village may, if they intend to apply for registration, still promote their proposed village on the basis of a specified statement permitted under the Act.

Operators of villages that are operating on 1 May 2007 have six months after that date to apply for registration, during which they can continue to advertise and take in new residents despite not being registered.

Registration fees

The initial registration fees are based on the number of units in each village:

Up to 34 units    $540
35-84 units      $1,700
85 or over         $4,410

The annual return fees for each village are:

Up to 34 units     $450
35-84 units      $1,510
85 or over         $3,850

For other fees, see the Retirement Villages (Fees) Regulations, or contact the Registrar.

Memorial on title

After a village is registered, the Registrar-General of Lands places a formal notice called a 'memorial' on the village's certificates of title. The memorial gives the rights of residents priority over the rights of security interests and provides that occupation right agreements will continue. This helps ensure that residents continue to be protected by the Act and can continue to live in the village if it's sold or goes into liquidation.

However, liquidators or receivers could still terminate these rights in occupation right agreements. For example, many agreements are simply monthly licences to occupy, and can be terminated with one month's notice unless the village is sold as a going concern.

Restrictions on unregistered villages

Operators of unregistered villages cannot:

• advertise the village
• advertise the place as a retirement village
• offer prospective residents a place in the village
• enter into an occupation right agreement.

That rule applies from 1 May 2007 for new villages, or after the allowed period for registration has ended for existing villages.

Suspension of a village's registration

The Registrar can suspend a village's registration if:

• the operator isn't complying with the Act or regulations
• any of the village's registered documents are likely to be misleading or deceptive
• the operator hasn't paid any required fee to the Registrar.

If a village's registration is suspended, the operator can't advertise or take in new residents.

Changes to the village

The operator must also notify the Registrar and the village's statutory supervisor, using a set form, whenever there is:

• any material change in the registered documents, or any change of circumstances that may make them misleading or deceptive
• any change in the operator or the controlling interests in the operator
• any change to the name and address of any operator of the village.