Retirement village contracts – information for village operators

A written contract must be in place between a village operator and each resident before they move into the village, unless they are:

• moving in with an existing resident, or
• signing a residential tenancy agreement under the residential tenancy laws.

The village contract may be a:

• residence contract
• service contract, or
• combination of both.

Operators can ask residents to pay a maximum of $50 towards the cost of preparing a contract. You must give prospective residents a copy of their proposed contract at least 14 days before signing it. Residents can get independent legal and financial advice if they like. If a resident changes their mind after entering into a village contract, they are generally able to end the contract during the cooling-off period or settling-in period.

Standard village contract

Retirement village contracts must be set out in the standard form which is prescribed in schedule 1 of the Retirement Villages Regulation 2025 (the Regulation). The standard contract sets out residents’ and operators’ rights and obligations in a clear, standardised format. It covers matters such as:

• resident rights
• costs
• services and facilities
• alterations and additions
• repairs and maintenance
• sharing of capital gains.

You can include additional terms at the back of the contract. The additional terms cannot be inconsistent with the standard terms, or the retirement village laws or any other law.

The following documents must be attached to the contract:

• a copy of the disclosure statement that was given to the resident
• the condition report if one is required to be prepared
• a list of the village services and facilities
• the village rules if any.

The standard form contract can be used for all types of village arrangements

There is one standard contract form prescribed in the Regulation and is designed to be generic so it can be adapted and used for all types of village arrangements. Some of the contract terms will need to be different depending on whether the contract is for:

• a licence
• a leasehold
• strata, or
• other type of arrangements.

For some items, the standard contract form includes alternative terms and indicates where the operator can cross out or delete the option that does not apply.

Section 80 of the Interpretation Act 1987 (NSW) contains information about the requirements for completing prescribed forms. If in any doubt, ask a legal expert to prepare or check the draft contract before it is given to a resident.

Exceptions to the standard contract form

A standard contract form does not have to be used for:

• a separate contract that is just for a garage or storage space
• a sale of land contract where a resident buys a strata or community scheme unit, or an agreement to buy company title shares, but these residents must sign a service contract in the standard form. 

Standard contract form for all interest holders

Download 'Standard village contract form'

Using the standard contract form

Downloading and using this template is not legal advice. While every care has been taken to ensure accuracy and completeness of fields, we cannot guarantee that documents produced using it will fully comply with requirements under the Retirement Villages Regulation 2025. We recommend that any documents you prepare are checked by a qualified legal expert.