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.
NOTE: The applicant must be represented in the workspace for this dealing form.
Subscriber requirements
Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:
- verify their Client’s identity
- establish their Client’s right to deal with the land
- have a properly completed and executed Client Authorisation form and
- 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.
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.
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.
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