Request to Note Retirement Village

This page aims to help you complete an electronic Request to Note Retirement Village dealing form. This form is used to enter a notification pursuant to section 24A Retirement Villages Act 1999.

Section 24A Retirement Villages Act 1999 provides for the creation of a register of retirement villages. For further information about this section and other recent amendments to the Retirement Villages Act, go to the NSW Office of Fair Trading website.

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 24A Retirement Villages Act 1999.

Stamp Duty – not required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Request to Note Retirement Village.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Request to Note Retirement Village dealing form.

Land Title

Enter the land title reference(s) for the land on which the retirement village is located.

Participant Details

Party Details – Party Name

Enter the applicant. The applicant must be the operator. If the operator is a corporation, enter the ABN, ACN or ARBN.

Document

Create Document – Select Other Documents.

Select Request to Note Retirement Village.

Land Extent

Select from the following:

  • Whole – affecting the whole of the land
  • Part – affecting part of land.

Description
 
Where part of the land is selected, a description of the part of the land must be entered. A fully-dimensioned plan showing a pictorial representation of the part must be attached.

Applicant

Select the applicant. The applicant must be the operator.

Retirement Village Name
 
Enter the full official name of the retirement village e.g. ‘Southern Star Retirement Village Limited’.

Attachment

Attachment Type – Statutory Declaration

Where the applicant/operator is not the registered proprietor of the land a statutory declaration must be attached:

  • stating that the applicant is the operator, and
  • detailing the circumstances of the applicant's appointment as operator.

Attachment Type – Plan
 
Where the lease is affecting part of the land, a fully-dimensioned plan showing a pictorial representation of the part must be attached.
 
NOTE: An extra fee is payable where the dealing is reliant on a plan annexed. Also see Schedule 3 of the Lodgment Rules.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

The evidence that the Subscriber is required to retain to support a Request to Note Retirement Village dealing form may include:

  • A true copy of the duly executed version of the document(s) uploaded as an attachment.

Other forms of evidence may be acceptable and it is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au