Australia: Process for Registering a Retirement Village on Title at the Land and Property Management Authority
Aged Care & Retirement Villages Update

By Kimberly Vancuylenberg of Gadens Lawyers, Sydney

As operators are aware, the new amendments to the Retirement Villages Act 1999 (NSW) (Act) commenced on 1 March 2010.

In accordance with the Act, operators have three months from 1 March 2010 to register any existing retirement villages on the title. New villages must register at the time they enter into their first village contract.

The Land and Property Management Authority has clarified the process for operators to register their retirement villages on title in accordance with the Act.

The process requires operators to:

1. Complete and lodge a prescribed form;
2. Provide a narrative on the form that the land is used as a retirement village, and give the name of the retirement village.

There will be a $95 fee to register the form at the Land and Property Management Authority and there are no requirements for stamp duty.

Once the form is registered, it will appear as a note on the title of the retirement village.

Once registered, the operator must notify:

1. The holder of any other registered interest in the land (for example, a mortgagee, residents with registered leases or strata title holders); and
2. The Resident Committee (if any) of the retirement village.

Gadens Lawyers can assist operators to prepare the form and lodge it with the Land and Property Management Authority and notify the relevant interested parties.

Please contact Arthur Koumoukelis, Matthew Mallos or John Fairgray for assistance to prepare and register the prescribed form.