On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

How are Retirement Villages recorded on title?

 

A Retirement Village is any residential complex predominantly occupied by retired people who are aged over 55 years who have entered into some form of contractual arrangement with the owner or operator of the village.
 
The Retirement Villages Act 1999 sets out the rights and obligations of residents and operators of NSW Retirement Villages and establishes mechanisms for the resolution of disputes between residents and operators of Retirement Villages.
An operator of a Retirement Village must notify the Registrar General that land, or part of land, is used as a Retirement Village. 
 
Some of the most common questions about Retirement Villages are answered here.
 

1. I am a Retirement Village operator. How do I notify the Registrar General that the land (or part of land) is used as a Retirement Village?

 Under section 24A of the Retirement Villages Act 1999, an operator must notify the Registrar General in writing that the land is used as a Retirement Village. To do so you must instruct your legal representative to lodge a Request to Note Retirement Village dealing with NSW LRS.
 
The dealing must be lodged with NSW LRS by the operator before entering into a residence contract with respect to residential premises on that land. 

2. What is needed if the Retirement Village is only over part of the land?
 
One of the following must be included on the Request to Note Retirement Village dealing:

  • a description of the part of the land being the Retirement Village by way of a fully dimensioned plan showing a pictorial representation of that part – the annexed plan must be signed by all parties to the dealing, and a plan fee is not payable, or

  • a reference to a plan showing the part of the land being the Retirement Village contained in a previously registered Retirement Village Memorandum.

3. I am planning to become a Retirement Village operator. When do I need to inform the Registrar General?

 You must instruct your legal representative to lodge a Request to Note Retirement Village dealing with NSW LRS before entering into a residence contract with respect to residential premises on the land comprising a new Retirement Village. See section 24A(2)(b) of the Retirement Villages Act 1999. 

4. Can a Charge be recorded under Part 10A of the Retirement Village Act?
 
Consideration will be given to the recording of a charge to protect ingoing contributions paid by residents other than registered interest holders recorded on the folio of the Register under Part 10A of the Retirement Villages Act 1999. You must instruct your legal representative to lodge a Request form 11R for this purpose. See in particular sections 182A and 182B of the Retirement Villages Act 1999.
 
All Requests will be directed to the Legal division for investigation.
 
Where can I find more information about living in a Retirement Village?
 
You should contact the NSW Fair Trading Specialist Support Unit on T: 1800 625 963 or W: www.fairtrading.nsw.gov.au
 
 
All NSW legislation can be accessed at www.legislation.nsw.gov.au.

Publication Date: July 2024