Under the Retirement Villages Act 1999, all retirement village operators must register their schemes.

Eligibility

You cannot operate a retirement village scheme in Queensland if you:

• are insolvent under administration
• have a conviction for fraud or dishonesty punishable by at least 3 months imprisonment, or for an offence of physical violence.

Application process

To register a retirement village scheme:

1. Complete a Retirement Villages – Application for registration as a retirement village scheme (Form 2) (PDF, 379KB)
2. Pay the registration fee of $2709.15 (new scheme)
3. Complete your Retirement Villages – Village comparison document (VCD) (Form 3) (DOC, 116KB)
4. Apply for a criminal history check and submit a National Police Certificate for all individuals listed in the application form. Fees may apply.
5. Lodge the entire application (read the form for lodgement details).

Processing time

The chief executive must decide whether to register or refuse to register a retirement village scheme within 60 days of receipt of a complete application for registration.

If we ask you for further information, the 60 days starts from the day you provide the information.

After your application is processed

If your application is approved, your scheme's name and details are placed on a list that the public can search to confirm you are registered.

If your application is not approved, you will be notified in writing, including the reasons for the decision.

Appealing a decision

After receiving the notice that your application has been declined, you may apply under the Queensland Civil and Administrative Tribunal Act 2009 for a review of the decision by the Queensland Civil and Administrative Tribunal (QCAT).

Paying fees for operating a Retirement Village

You can pay for registration fees and criminal history checks using BPOINT or by cheque or money order.

The registration fee is $2709.15 (new scheme) with no GST payable on fees.

BPOINT

BPOINT is a secure, real-time payment service provided by the Commonwealth Bank that allows you to pay online or by phone.

You can make a BPOINT payment using your credit card, debit card or Masterpass Digital Wallet. We accept Visa and Mastercard.

Have your details ready to make your payment.

Note: The minimum transaction amount accepted is $20 and the maximum is $100,000 on credit card accounts for BPOINT.

You can make a BPOINT payment:

• online
• phone 1300 276 468 (1300 BPOINT).
• other payment methods may be available upon request – email regulatoryservices@housing.qld.gov.au for more information.

Also consider...

• Find out about the role of the Queensland Civil and Administrative Tribunal (QCAT).

The operator of a retirement village must establish 3 compulsory funds:

• a capital replacement fund for replacing the village's capital items
• a maintenance reserve fund for maintaining and repairing the village's capital items
• a general services charges fund for the cost of services that are supplied or made available to all residents of a retirement village.

Capital replacement fund

A capital replacement fund is used to:

• replace the village's capital items
• pay quantity surveying fees (for reports prepared on the fund)
• pay the tax liability on this fund.

It is an offence to use money in the fund for any other purpose, including crediting other funds.

You cannot use the fund for capital improvement or to replace body corporate property.

The operator is solely responsible for contributing to the fund.

Maintenance reserve fund

The maintenance reserve fund is used to:

• maintain and repair the village's capital items
• pay quantity surveying fees (for reports prepared for this account)
• pay the tax liability on this fund.

Residents are solely responsible for contributing to the fund.

You cannot use the fund for day-to-day maintenance of the village, capital improvement or replacement, or body corporate property.

General services charges fund

You must establish and keep a fund for general services.

These charges pay for services you supply to all village residents, for example:

• management and administration
• gardening and general maintenance
• recreation or entertainment facilities
• other services specified in the contract.

You must prepare a budget each financial year to plan for these costs and monitor actual spending against the budget. The budget must be in the approved form if one exists.

You must carry forward any surplus or deficit at the end of the financial year, and account for the amount when preparing the following year's budget.

If a village resident or the residents' committee requires a copy of the draft general services charge budget for the financial year:

• they have to request it in writing at least 28 days before the financial year begins
• you have to supply the budget to them at least 14 days before the financial year begins.

Definition of a statutory charge

A statutory charge is a way to register an interest over a property. In this case, the charge is created over the retirement village land and secures each resident's right to:

• live in their unit
• use the village's facilities
• get paid exit entitlements when they leave the village.

Establishing a statutory charge

Once you register your village, a statutory charge is created and we will notify the Titles Office. The Titles Office will record the charge in the freehold land register.

Acquiring new land

If you acquire new land after a statutory charge is created, we will release the existing charge and create a new charge over both the original and new land.

You must notify us, in writing, within 1 month of acquiring the new land.

Getting a statutory charge released

If you no longer use land as retirement village land, you need to apply to have the statutory charge released.

You will need to:

1. Give each resident, and any former residents who have not received exit entitlements, written notice that explains:
   • you have requested the release of the statutory charge over the land
   • how the release affects them
   • their right to object to the release by writing to the department within 60 days.
2. Give us a copy of the notice referred to above, together with a statutory declaration stating that you have met the above requirements and whether you are aware that a person intends to enforce the statutory charge.

We will consider the objections and decide whether to release the charge. If the charge is released, we will notify the Titles Office.

As the operator, you must insure the retirement village to full replacement value, including any accommodation units that are not owned by residents and the communal facilities.

Insurance must cover damage, public liability, the cost of restoring buildings to previous condition and the cost of removing debris.

Read our regulatory guideline for specific advice on insurance excess payments for operators.

For more information regarding your insurance obligations, refer to sections 109 and 110 of the Retirement Villages Act 1999.

By law, residents can access certain financial information about the village.

As the operator, you must prepare draft budgets outlining the costs of operating, repairing, maintaining and replacing village facilities before the financial year starts.

You must also obtain a full or updated quantity surveyors report each year that provides recommendations about the expected maintenance, repair and capital replacement costs for the village for the next 10 years. Consider these recommendations when preparing the village budgets.

A resident or residents' committee can write to you requesting a copy of a draft budget or an independent quantity surveyors written report. They must give this to you at least 28 days before the start of a financial year.

You must provide the requested documents at least 14 days before the start of the financial year.

If the cost of a general service expense increases more than expected for a financial year, a residents' committee can ask you for the reason.

Quarterly financial statements

A resident can ask you for a quarterly financial statement for either:

• 1 or more completed quarters of the current financial year
• 1 or more quarters of the previous 2 completed financial years.

You must provide these statements within 28 days of their request.

The quarterly financial statement must show the income and expenditure for the:

• capital replacement fund
• maintenance reserve fund
• general services charges fund.

These financial statements can be either audited or in a form that can be audited. A financial document such as a quarterly financial statement:

• must be in the approved form, if one exists
• include prescribed information
• be prepared in line with standards or principles prescribed for the document by regulation.

The recently amended Retirement Villages Regulation 2018 prescribes information that you must include in these statements. Due to transitional provisions, the changes will apply only to the quarterly financial statements for the 2025–26 financial year onwards.

Annual financial statements

Residents can also request an annual financial statement. On request, you must provide a financial statement about the retirement village's operation within 5 months after the end of each financial year.

You need to prepare an annual financial statement each financial year. The statement must be in the approved form, if one exists, and contain the:

• income and expenditure of the capital replacement fund for the financial year
• income and expenditure of the maintenance reserve fund for the financial year
• income and expenditure of the general services charges fund for the financial year
• an amounts received from insurance claims relating to the village for the financial year
• assets and liabilities of the retirement village as at the end of the financial year
• any interest, mortgages and other charges affecting the village's property as at the end of the financial year.

This statement must be audited and an audit report prepared according to the Australian Auditing Standards. Section 113 of the Retirement Villages Act 1999 outlines who can audit this report.

The recently amended Retirement Villages Regulation 2018 outlines information that must be included in future statements. Due to transitional provisions, the changes will apply only to annual financial statements for the 2025–26 financial year onwards. A financial guideline to assist with these changes will be introduced soon.

Every year, you must call a residents meeting to present and discuss the financial statements and audit report as soon as the documents are available.

Operational documents

A resident or prospective resident can write to a scheme operator requesting a copy of an operational document. They must use the Request a copy of an operational document form.

The Retirement Villages Regulation 2018 outlines which operational documents residents can request, including:

• certificate of registration for the retirement village scheme
• certificate of title or current title search for the retirement village land
• village site plan
• plans showing the location, floor plan or dimensions of accommodation units in the village
• plans of any units or facilities under construction
• development or planning approvals for any further development of the village
• an approved redevelopment plan for the village under the Retirement Villages Act
• an approved transition plan for the village
• an approved closure plan for the village
• the annual financial statements and report presented to the previous annual meeting of the retirement village
• statements of the balance of the capital replacement fund, maintenance reserve fund or general services charges fund (or income and expenditure for general services) at the end of the previous 3 financial years of the village
• a capital replacement quantity surveyor report that relates to the most recent capital
• statements of the balance of any body corporate administrative fund or sinking fund at the end of the previous 3 years of the village
• examples of contracts that residents may have to enter into
• village dispute resolution process
• village by-laws
• village insurance policies and certificates of currency
• a current public information document (PID) continued in effect under section 237I of the Act (for existing residence contracts).

Changes to the amended regulation for operational documents now include:

• a quantity surveyor report relating to the most recent adopted village budgets and any updated quantity surveyor since the full report
• insurance policies paid from the general services charges fund, not relating to insurance policies required under section 110 of the Retirement Villages Act.

In their request, the resident must state their name and whether they're a resident or prospective resident. You have at least 7 days after you receive the request to supply the documents.

You can't charge a retirement village resident or prospective resident a fee for preparing or providing a copy of:

• a village comparison document
• a prospective costs document
• a condition report
• an operational document other than your copy of either a completed residence contract for an existing resident or public information document for an existing resident.

You must comply with a request for document access unless, within the previous 30 days:

• you have complied with another request by the same person to inspect or copy the same document
• and
• the document hasn't materially changed since then.

You can't give a resident personal information about another person.

Financial guidance materials

• Stage 1 – Quantity surveyor report and budgets (PDF, 3.3MB)
• Stage 2 – Quarterly financial statements (PDF, 3.1MB)
• Stage 3 – Annual financial statements (PDF, 3.5MB)
• Stage 4 – Audit reports (PDF, 609KB).

More information

• Email regulatoryservices@housing.qld.gov.au

As an operator of a retirement village, you can charge residents for services and facilities. These charges must be explained in the residence contract, village comparison document and prospective costs document.

For residents who moved in before 1 February 2019, the public information document (PID) (PDF, 244KB) sets the amount you can charge a resident for general services and how charges are calculated. You cannot charge more than indicated in the PID.

Village comparison document

As a registered retirement village scheme operator, you must provide a village comparison document (VCD) (Form 3) (DOC, 116KB) to any prospective resident who is interested in purchasing a unit in a retirement village. This document will help prospective residents to compare other villages before they make a purchase. This document must be prominently displayed on your retirement village website.

The VCD must include information about:

• the ingoing contribution
• other entry costs
• exit fees
• general service charges
• maintenance reserve fund contribution
• body corporate fees (if applicable)
• ongoing or occasional costs for repair, maintenance and replacement of items.

A scheme operator must, within 28 days of amending a village comparison document because of a material change to any of the information in the document, give to the chief executive, a written notice of the amendment and a copy of the amended village comparison document.

Prospective costs document

A prospective costs document provides a prospective resident of a retirement village, a summary of the estimated costs of moving into, living in and leaving the retirement village.

If a prospective resident asks a scheme operator for a prospective costs document (PCD) (Form 4) (DOC, 245KB), the retirement village operator must provide one within 7 days of the request. This document relates to costs of a specific unit in the village. You may have several PCDs depending on the types of accommodation provided.

The PCD must include:

• costs of the ingoing contribution and other entry costs
• current ongoing costs of living in the village
• personal service charges
• the estimated exit fees
• the percentage of capital gain that the resident is entitled to when a unit is sold
• the percentage of capital loss that the resident will be responsible for when a unit is sold.

Ingoing contribution

The ingoing contribution is a one-off payment that secures a resident's right to reside in the retirement village.

Personal services charge

The personal services charge covers optional personal services that residents may use such as meals, cleaning and laundry services. You negotiate personal services as part of the contract with each resident.

Residents may have to pay this charge for up to 1 month after they give you notice that they are vacating or for up to 2 months if you have given the resident notice to leave.

Fees and charges when residents leave

Residents may have to pay the general services charge and maintenance reserve fund contribution in full for up to 90 days after they vacate the unit unless the unit sells earlier.

After the 90 days, you and the resident share the cost of the general services charge and maintenance reserve fund contribution in the same proportion as you will share the gross ingoing contribution from the unit resale. More information about how to calculate the proportion of costs payable, can be found in the guideline calculation of proportionate costs (PDF, 288KB).

The resident is required to pay their proportionate share of these costs from the date which is 3 months after they vacate their unit until the date which is 9 months after they vacate or until the unit is sold, whichever comes first.

If the resident's unit has not been sold within 90 days from the date they vacated the unit, you may accrue the resident's proportion of the general services charge and maintenance reserve fund contribution as a book debt and deduct it from the amount you pay in exit entitlements. You are not allowed to charge interest on the accrued amount.

If a unit remains vacant longer than 9 months after the former resident vacated the unit, you must pay the general services charge and maintenance reserve fund contribution that relates to the unit.

Exit fees

Exit fees are usually set as a percentage of the ingoing contribution. A resident may have to pay this amount to you when they leave the village or when the right to reside is sold.

In addition to the exit fee, a resident may have to pay additional charges including:

• general service charges
• maintenance reserve fund contributions
• personal services charges
• selling costs.

These are deductions that determine the exit entitlement.

A resident can request an exit entitlement statement to see what they may be entitled to if they were to terminate their right to reside. You must give the resident an exit entitlement statement that outlines their total fees and charges, within 14 days of their request. More information about details which should be provided in an exit entitlement statement can be found in the exit entitlements guideline (PDF, 460KB).

The exit fee is calculated on the day the resident vacates the unit.

For residence contracts entered into before 1 March 2012, the exit fee is calculated on a daily basis unless the contract provides for a way of working out the exit fee that is not on a daily basis.

Example: If the resident resides in the unit for 1 year and 14 days and the first years exit fee is based on 5% and the second year is based on 6% the exit fee is calculated as below:

• the exit fee is 5% of the ingoing contribution payable under the contract for the first year of residence plus ¹⁴/₃₆₅ of 1% of the ingoing contribution payable under the contract for the 14 days of the second year of residence.

If a contract is entered into on or after the 1 March 2012, the exit fee must be worked out on a daily basis.

As the retirement village operator, you are responsible for the cost of the village's capital improvements, including those to communal facilities.

If a resident requests a capital improvement to their unit and you agree, the resident pays for the improvement.

If residents vote to make a capital improvement and you agree, everyone who is a resident when the vote is taken are jointly responsible for the cost.

If a former resident is no longer paying a general services charge, they are no longer liable for capital improvements under sections 90A or 90B of the Retirement Villages Act 1999. A former resident is someone who has left the village and has not received their exit entitlement. In this situation, you as the operator must pay that person's share.

When capital improvements are requested by a resident or residents, you can ask them to pay for the improvements before you start work. If you do, keep the money in a trust account specifically for capital improvements. Penalties apply for failing to do this.

If the amount in the trust account is more than the improvement cost, refund the remainder to the residents.

Getting quotes

An individual resident or the residents' committee can ask you to get quotes for capital improvements requested by a resident or residents. You must get at least 2 quotes from qualified tradespeople unless this isn't practical. This would only be for exceptional reasons.

Give the residents copies of the quotes. If the quotes are large documents, give them summaries and make the full documents available.

Whoever requests the capital improvement must pay for the quotes.

Inspections

Departmental inspectors conduct regular, random spot checks of retirement villages to ensure the retirement village industry is complying with the Retirement Villages Act 1999. These inspectors carry photo identification.

You must comply with an inspector's legal requests.

An inspector can enter an area if:

• the occupant consents
• they have a warrant
• it is a public place and they enter when it is open to the public
• it is an operator's place of business and is open for business or entry.

An inspector with a warrant can search any part of the premises, photograph or film any part of the premises, seize or take copies of documents, or take other people into the premises.

If an inspector asks, you must produce original documents and provide copies of documents. You must not obstruct an inspector in the exercise of powers given to them under the Act unless you have a reasonable excuse.

It is illegal to give the inspector documents with false or misleading information.

Penalties

Penalties apply for providing false or misleading information and not otherwise complying with the Retirement Villages Act 1999.

This includes failing to:

• provide public information documents, village comparison documents and residence contracts
• register the retirement village
• establish and manage funds and trusts
• insure the retirement village correctly.

At a freehold village, operators might have to apply this Act in the context of other relevant legislation, such as the Body Corporate and Community Management Act 1997.

Terminating a resident's right to reside

A resident's right to reside may be terminated if:

• they pass away
• they decide to leave
• the operator asks them to leave
• the operator is implementing an approved closure plan.

Termination by residents

If a resident wishes to leave, they must give 1 month's written notice to the scheme operator. If they decide to leave, they can request a written estimate of their current exit entitlement. You must provide this within 14 days, unless you have already given them one within the previous 6 months.

If a resident becomes aware that the retirement village is not registered, the resident can terminate the contract. They must give you 14 days' notice after becoming aware that the village is not registered. You must refund their ingoing contribution in full within 30 days.

Termination by operators

You may terminate a resident's right to reside, by giving 14 days' written notice, if they:

• injured a person while the person was in the village
• seriously damaged their unit
• seriously damaged another person's property in the village
• are likely to, or intentionally or recklessly, do these things.

You may terminate a resident's right to reside by giving 2 months' written notice if they:

• do not fulfil the financial requirements of their contract
• abandon their right to reside
• are assessed by a suitable professional (under the Aged Care Act 1997 (Cwlth) who finds that the accommodation is unsuitable for the resident.

If you terminate a resident's right to reside as part of implementing an approved closure plan, then you must pay the exit entitlement within 14 days, once an agreed resale value is determined under section 60 of the Retirement Villages Act 1999. However, that time frame does not apply if the resident terminates their right to reside, even if that occurs during implementation of a closure plan.

In the written notice, you must state why you are terminating the right to reside and the latest date that the resident must vacate.

If you cannot find the resident's current address, you can publish a notice in a state-wide or nationwide newspaper.

Unit resale

When the resident leaves a unit, they must leave it in the same condition it was in when they started occupying that unit, apart from fair wear and tear and renovation. Reinstatement work can help an accommodation unit to sell promptly for a good price.

If the resident does not return the accommodation unit to the same condition it was in, you may carry out reinstatement work and claim the cost of the work from the resident.

Definition of 'reinstatement work', 'fair wear and tear' and 'renovation work'

Reinstatement work means replacements or repairs that are reasonably necessary to reinstate an accommodation unit to the condition it was in when the former resident started living there; apart from fair wear and tear and renovations carried out with the agreement of the resident and you as the scheme operator.

As the scheme operator, you must come to an agreement with the former resident about the:

• extent of any reinstatement work required
• parties responsible for any reinstatement work
• cost for any reinstatement work the resident is responsible for
• timeframes for completion of the work.

Reinstatement work can be completed during one of the following times:

• a time agreed by you and the resident
• at the same time as renovation work
• 90 days after the resident vacates the unit.

If an agreement to complete reinstatement work can't be reached, this is a dispute under Retirement Villages Act 1999. If the Queensland Civil and Administrative Tribunal (QCAT) orders the work to be done, it must be completed in the time set by QCAT.

Fair wear and tear includes a reasonable amount of wear and tear associated with the use of items commonly used in a retirement village.

Renovation work means replacements or repairs other than reinstatement work.

Renovation work

This applies if you propose to carry out renovation work in or affecting the accommodation unit.

Before starting the renovation work, you must agree with the former resident on a date by which the renovation work will be finished. You must ensure the renovation work is completed by the agreed date.

A dispute about the date by which the renovation work will be finished is a dispute under the Act.

Who pays for renovation work

If the former resident is required to pay for all or part of the costs for renovation, you must come to an agreement with them about the extent and expected costs of the renovation work.

If the residence contract provides that the former resident and the scheme operator are to share any capital gain on the sale of the accommodation unit, the cost of renovation work must be shared in the same proportion the capital gain is to be shared.

Otherwise, you are required to pay for renovation work.

In cases where a resident signed a contract after the 1 February 2019, both parties should refer to the entry condition report to agree on any work required on the unit when completing the exit condition report.

Agreeing on unit resale value

Within 30 days after a resident's right to reside is terminated, you must negotiate with the former resident and agree in writing on the resale value of the right to reside for the accommodation unit.

If you and the former resident cannot agree on the resale value, you will need to obtain a valuation from a valuer within 14 days.

The valuation is taken to be the agreed resale value of the right to reside for the accommodation unit.

Exit entitlement

An exit entitlement is the amount you must pay or credit the former resident after they terminate their right to reside in the village.

You must pay this to the former resident on or before the earliest of the following days:

• the day stated in the residence contract
• the day that is 14 days after the settlement day for the unit resale
• if the right to reside was terminated by the scheme operator when implementing an approved closure plan – the day that is 14 days after an agreed resale value is determined
• if the unit has not been sold, the day that is 18 months after the termination date or any later date fixed by order of the tribunal.

When you pay the exit entitlement to the former resident, you must give them a written statement showing how the exit entitlement was worked out and the particulars of any of the following that are payable by the former resident:

• the amount of any exit fee and how it was calculated
• any accrued general services charges and maintenance reserve fund contributions payable by the former resident. This will include
  • general services charges and maintenance reserve fund contributions payable by the former resident for a period of 90 days after the date they vacate their accommodation unit unless the unit sells earlier
  • any outstanding general services charges and maintenance reserve fund contributions payable after 90 days from the date of termination and up to 9 months after termination which are to be shared with the operator. After 90 days, you and the resident share the cost of the general services charges and maintenance reserve fund contributions in the same proportion as you will share the gross ingoing contribution from the unit resale. The percentage share payable by the resident should be detailed in this statement.

You must not charge interest on these accrued amounts:

• any outstanding services charges such as personal services charges or charges for services not included in the general services charge
• any expenses that they must pay relating to the resale of the right to reside
  • the costs of selling a retirement village unit can include costs which are the direct result of the sale of a particular unit (or the right to reside in a unit). These can include costs directly associated with advertising the unit, valuing the unit, demonstrating the unit to prospective purchasers and other specific costs including legal fees for the sale of the unit
  • the costs of selling a unit do not include costs associated with advertising or marketing a brand or retirement village
  • the costs of selling a unit are shared by the former resident and the scheme operator in the same proportion as they share the ingoing contribution upon the sale of the right to reside, as provided for in the residence contract. The percentage proportion of these costs payable by the resident must be detailed in the exit entitlement statement (i.e. how the amount payable was calculated)
• any other payments stated in the contract such as legal fees, costs for reinstatement or renovation and how these amounts were calculated.

Read the regulatory guideline about how to calculate the percentage of proportionate costs for selling a right to reside and sharing ongoing resident fees after termination.

Mandatory purchase of freehold property

The mandatory purchase provisions apply to units where a former resident terminated their right to reside but their freehold interest remains unsold.

You must complete the purchase of these units by the date that is 18 months after the termination date.

You must enter into a contract to purchase a former resident's freehold property and complete the purchase unless:

• the freehold property is sold to a person other than you before the day you were required to complete the purchase
• or
• if you have a reasonable excuse (e.g. the former resident failing to secure the release of a mortgage over the property or otherwise hinders the process despite your best efforts).

Timing of mandatory purchase

You must enter into a contract in sufficient time for the purchase to be completed.

The purchase must be completed by the latest of the following dates:

• 18 months after the right to reside was terminated
• if the former resident has died – 14 days after the village operator is shown the probate of the former resident's will or letters of administration of their estate
• the day fixed by the Queensland Civil and Administrative Tribunal.

A resident can terminate their right to reside either by giving 1 month's written notice to the operator or by their death.

If the resident does not terminate their right to reside in a freehold unit, you aren't required to purchase the unit.

The resident may choose to list their property for sale before terminating their right to reside (subject to their residence contract). If this occurs, the mandatory purchase provisions start from the date that their right to reside is terminated.

Purchase price of freehold property

If you and the former resident agreed on a resale value in the previous 3 months, that becomes the price for the mandatory purchase.

If you didn't agree on a resale value in the previous 3 months, you must have a registered valuer provide an independent valuation of the unit. This valuation will be the agreed value for the mandatory purchase.

Alternatively, you and the former resident can agree on a value for the mandatory purchase.

Extensions

You may apply to QCAT for an order extending the time by which you must pay the exit entitlement of the former resident or complete the purchase of a former resident's freehold property.

QCAT may order an extension if they are satisfied that:

• you are unlikely to be able to sell the right to reside in the unit before the exit entitlement is due to be paid
• you are likely to suffer undue financial hardship if the order is not made
• the order would not be unfair to the former resident (who may make submissions about hardship they are likely to suffer if the order is made).

Rights of a spouse or relative

A spouse or relative who has lived in the unit for 6 months or longer, but was not a party to the residence contract, has the right to live in the unit for 3 months after the resident dies or leaves.

The spouse or relative must write to you within 14 days of the termination date stating that they agree to the terms of the resident's contract while they live in the unit.

During the 3 months, the relative has all the rights and liabilities of a resident.

If the spouse or relative meets certain conditions, they may enter into a residence contract for the unit before the 3-month period expires.

These conditions include when:

• the original resident's interest was leasehold or licence
• no other person has a right under the contract to live in the unit
• they meet the eligibility criteria to live in the village
• they give written notice of their wish to enter into a residence contract at least 14 days before the end of the period.

A residence contract entered into by the spouse or relative must be on the same terms as would be offered to any other potential resident, and adjusted to include any agreement between the relative and the scheme operator about the reinstatement work for the unit.

Also consider...

• Read the Retirement Villages Act 1999.
• Read the Retirement Village Regulation 2018.
• Learn more about the role of the Queensland Civil and Administrative Tribunal (QCAT).

By law, you must give the following documents to a prospective resident at least 21 days before you and the resident enter into the residence contract:

• Village comparison document (VCD)
• Prospective costs document (PCD)
• Residence contract
• the village by-laws
• any other required documents.

Village comparison document

You must provide a completed village comparison document (Form 3) (DOC, 262KB) to a prospective resident within 7 days of their initial request. The Village comparison document includes the following general information about the retirement village accommodation and costs:

• operator and management details
• age limits
• accommodation, facilities and services
• accommodation types
• access and design
• parking for residents and visitors
• planning and development
• facilities onsite at the village
• services
• security and emergency systems
• costs and financial management
• ongoing costs
• exit fees – when you leave the village
• reinstatement and renovation of the unit
• capital gain or losses
• exit entitlement
• financial management of the village
• financial management of the body corporate
• insurance
• living in the village
• visitors
• village by-laws and village rules
• resident input
• accreditation
• waiting list.

Prospective costs document

You must provide a completed prospective costs document (PCD) (Form 4) (DOC, 245KB) to a resident within 7 days when they request information about a specific unit in the retirement village.

This document must include:

• name, address and details of scheme operator
• type of unit and tenure of the unit
• car parking
• unit layout and access design features
• fixtures, fittings and furnishings
• encumbrances or endorsements on the village land
• ingoing contribution and other entry costs
• ongoing costs
• exit fee, reinstatement of unit and other exit costs- when you leave
• exit entitlement
• estimated resident exit entitlement when resident exits after 1, 2, 5 and 10 years of residence.

Residence contract

Before a resident signs a residence contract, you must have already supplied them with a VCD and a PCD and the village by-laws. You must give the resident a copy of the signed contract.

The residence contract must include:

• the start and end dates of the cooling-off period
• your right to withdraw the contract before the cooling-off period ends
• the ingoing contribution amount
• the exit fee payable under the contract
• the resident's exit entitlement
• the services charges, the amounts payable and when they are due
• the insurance for the retirement village, and insurance for which the resident is responsible
• any conditions on living in the village that the resident needs to be aware of and agree to
• the resident's right to resell their right to reside in the unit
• the resident's entitlement to audited and unaudited financial statements for the village
• the dispute resolution process
• the operator's and resident's rights to terminate the contract
• the funds the scheme operator is required to keep
• the retirement village facilities and land
• whether the operator and resident are to share in any capital gain or loss, and how it is to be shared
• any other matters prescribed by regulation.

The Retirement Villages Regulation 2018 may prescribe a term that must be included in a residence contract (a required term) or that must not be included in a residence contract (a prohibited term).

Penalties apply to operators who enter into residence contracts that are not in the approved form, do not include required terms or include prohibited terms.

Precontractual disclosure waiver

You must provide a VCD and PCD to a prospective resident at least 21 days before entering into a residence contract. The resident may choose to waive their disclosure time by filling out a precontractual disclosure waiver (Form 5) (PDF, 186KB). A prospective resident can only waive the precontractual disclosure period if they have received legal advice from a Queensland Lawyer. A Queensland lawyer is any qualified lawyer legally entitled to practise in Queensland.

Changes to documents

The VCD must be up to date and comply with the requirements of the Retirement Villages Act 1999. If there is a change, other than a minor change, in the PCD information or the VCD, you must inform the resident 21 days before the resident enters into the residence contract.

Cooling-off period

There is a 14-day cooling-off period, after both parties have signed the contract, should the resident change their mind. If the resident withdraws from the contract during the cooling-off period, you must immediately refund any ingoing contribution that has been paid.

If the cooling-off period's end date changes due to another contract or event, you must tell the resident, in writing, within 14 days of the resident signing the other contract or the event occurring.

Also consider...

• Read the Retirement Villages Act 1999.
• Complete the Retirement Villages – Application for registration as a retirement village scheme (Form 2) (PDF, 393KB) to register a retirement villages scheme.

You are required at all times to:

• respect the rights of retirement village residents
• not unreasonably interfere with, or allow interference with the reasonable peace, comfort and privacy of a resident
• take reasonable steps to ensure a resident (or their guests) do not interfere with the reasonable peace, comfort and privacy of another resident
• use your best endeavours to ensure each resident lives in an environment free from harassment and intimidation
• respect the right of a resident to have autonomy over their personal, domestic or financial affairs or possessions
• not restrict a resident from exercising self-reliance in matters relating to their personal, domestic or financial affairs
• respond to correspondence from a resident (or their representative) within 21 days of receiving it and provide a complete response to the correspondence.

You may enter a resident's unit:

• if you reasonably believe a person's health or safety is at risk
• to do urgent repairs
• in an emergency
• if authorised by law.

Enforcing obligations

Both residents and retirement village operators are required to comply with behavioural standards. These obligations are enforceable through the dispute resolution procedures outlined in the Act.

A dispute about a person's rights and obligations is defined as a retirement village dispute. Dispute resolution procedures are detailed in the Retirement Villages Act 1999.

Read below for more about dispute resolution processes.

Residents' committees

By law, residents may establish a residents' committee by way of election and make, change or revoke village by-laws by special resolution with your approval as the village operator. As the village operator you must not unreasonably withhold your agreement.

The function of the residents committee is to communicate with you on behalf of village residents about the day-to-day running of the village and any complaints or proposals raised by residents.

They can also:

• contribute to village processes
• require you to attend a residents' committee meeting before the start of the financial year to discuss the draft budgets for the capital replacement fund, maintenance reserve fund and general services charges fund.

Residents' meetings

The Act provides for meetings of all residents for certain purposes. These meetings are separate from and unrelated to the residents' committee's functions.

As the village operator, you must call an annual meeting of all the residents, and the residents' committee or you can call a general meeting of residents when required. For the purposes of these non-residents' committee meetings, residents have '1 vote per unit', which protects the rights of single occupants. If residents would prefer a '1 vote per person' rule, they can vote to introduce it. Residents can nominate another person to exercise their proxy vote if they cannot attend meetings. You The village operator cannot hold a resident's proxy vote and no person can hold more than 2 proxy votes per meeting.

You can attend a meeting called by residents, or a meeting of the residents' committee, only when invited or voting on a special resolution.

A proposed Closure and Redevelopment Plan can be approved by residents of the retirement village by a special resolution passed at a residents meeting. Read more about changes in village operations.

Residents' village by-laws

Residents may make, change or revoke village by-laws under the procedures set out in section 130 of the Retirement Villages Act 1999.

Dispute resolution

The Retirement Villages Act 1999 outlines the process for managing complaints and resolving disputes between residents and operators.

There is a 3-step process for resolving disputes regarding residence contracts in retirement villages.

Step 1: Internal negotiation

First try to resolve the dispute within the village. Write to the other party detailing the dispute and suggest a date for a meeting. Give them at least 14 days' notice.

The other party must respond in writing within 7 days of receiving the notice. Then you meet to resolve the dispute.

Operators should have documented processes for resolving disputes internally. This information should be in the village comparison document or public information document if the contract was signed before 1 February 2019.

You may also contact a Dispute Resolution Centre, which offers free confidential and impartial mediation services to assist in resolving disputes.

Deal with complaints fairly by:

• making it easy for a resident to raise problems with you
• treating residents with genuine empathy, courtesy, patience, honesty and fairness
• responding to the problem quickly and telling the resident how you will handle it and when you will give them a response
• understanding the full nature of their problem – listen carefully, ask questions, clarify the situation and summarise the situation back to them
• telling the resident what will happen next and ensure they are happy with how the process will proceed
• informing the resident regularly of progress
• promptly completing all promised actions
• clearly advising the resident about the outcome of their problem and action you will take to stop the problem happening again.

As a village operator you may decide to become a signatory to the Retirement Living Code of Conduct. The Code aims to improve standards across the industry and promotes and protects the interests of current and future residents.

The Code is the initiative of 2 peak industry bodies representing retirement living operators across Australia—the Retirement Living Council (which is part of the Property Council of Australia) and Aged and Community Care Providers Association (ACCPA), formally recognised as Leading Age Services Australia (LASA).

Step 2: Mediation

If you cannot resolve your dispute through internal negotiation, you can apply for mediation through the Queensland Civil and Administrative Tribunal (QCAT).

To apply:

• complete 3 copies of QCAT's Form 3 – Dispute notice for referral to mediation
• pay the filing fee
• lodge the application (see the form for lodgement options).

QCAT will appoint a mediator within 14 days and give you 7 days' notice of the meeting's date, time and location. The mediation conference is private and no record is kept.

The mediator uses an informal process to help you resolve your dispute.

Lawyers may represent the parties if the mediator approves. Other people may also join the mediation if the mediator believes they have relevant interest in the dispute.

If both parties reach an agreement, the mediator records the agreement, both parties sign it, and the mediator gives a copy to QCAT.

Step 3: Tribunal hearing

You can apply to QCAT for a hearing if:

• parties cannot reach agreement
• 1 party does not attend mediation
• the parties cannot settle the dispute within 4 months
• 1 party claims the other has not complied with the mediation agreement within the specified time (or 2 months of the agreement if no time is specified).

To apply:

• complete 3 copies of QCAT's Form 31 – Application for a tribunal hearing
• pay the filing fee
• lodge the application.

Once QCAT registers the application and gives a copy to the other party, it sends a directions hearing notice to the parties.

At a directions hearing, QCAT considers preliminary matters, including a timetable for the parties to prepare their statements and documents for the hearing. Parties can attend the directions hearing by phone.

QCAT then sends a hearing notice to the parties with the hearing's location, time and date.

Both parties must attend and QCAT can hear evidence without a party.

Afterwards, QCAT notifies both parties in writing of the outcome and any orders it has made.

Exceptions

In some circumstances, applications can be made to QCAT for a hearing without going through internal negotiation or mediation.

These include when someone:

• threatens to remove, or actually removes, a resident from the retirement village
• threatens to deprive, or actually deprives, a resident of the right to live in the village
• threatens to restrict, or actually restricts, a resident's use of the retirement village land
• gives a resident false or misleading documents to the financial detriment of the resident
• fails to fulfil requirements regarding exit entitlements and unit resale
• is a party to a building work dispute (about reinstatement or renovation work)
• is a party to a mandatory buy-back dispute.

Also consider...

• Read the Retirement Villages Act 1999 and the Body Corporate and Community Management Act 1997.

Use these forms to comply with the Retirement Villages Act 1999 and Retirement Villages Regulation 2018.

These forms have been updated following changes at as 11 November 2019.

Residents who moved in before 1 February don't need to change anything. Their residence contract and public information document are still valid.

Read about amendments to the retirement villages legislation and contact us if you have questions.

Requests for a copy of an operational document (PDF, 142KB)
A resident or prospective resident can write to the scheme operator or use the Access to Operational Documents Request form to request a copy of an operational document.

The Retirement Villages Regulation 2018 determines which operational documents they can request.

The request will need to state their name, whether they are a resident or a prospective resident, and allow a reasonable time for the you to supply the documents (at least 7 days after the request is given).

You may not request a fee to access these documents.

You must comply with the request to access documents, except where within 30 days, they complied with another request by the person to inspect or copy the same operational document and there have been no material changes to the document since they complied with the other request.

You cannot give any personal information about another person.

Retirement village form 1 – Public Information document (PID) (PDF, 244KB)
Use this form if you need to update the PID for a resident who moved in prior to 1 February 2019.

Retirement village form 2 – Application for registration as a retirement village scheme (PDF, 382KB)
Use this form to apply to register as a retirement village scheme.

Retirement village form 3 – Village comparison document (DOCX, 113KB)
Use the village comparison document to give new and prospective residents general information about the retirement village, including accommodation, facilities and services, general costs of moving in and leaving the retirement village.

Also see the instructions and notes for operators (below) for assistance when completing this form.

Retirement village form 4 – Prospective costs document (DOCX, 243KB)
Use the prospective costs document to give new and prospective residents details about a specific unit in a retirement village, including:

• the costs of entering the retirement village
• the ongoing costs of living in the retirement village
• the estimated costs when a resident leaves the retirement village
• an estimated exit entitlement that a resident may receive when leaving the retirement village.

Also see the instructions and notes (below) for operators for assistance when completing this form.

Instructions and notes for operators (PDF, 645KB)
Use this document when completing Form 3 – Village comparison document and Form 4 – Prospective costs document.

Retirement village form 5 – Precontractual disclosure waiver (PDF, 320KB)
Use this form for new residence contracts from 1 February 2019 if the prospective resident or person entering into the residence contract is waiving their right to the 21-day precontractual disclosure period.

Retirement village form 6 – Retirement villages entry condition report (PDF, 680KB)
Use this form when completing an inspection and entry condition report for the accommodation unit before the prospective resident moves into a unit.

Retirement village form 7 – Retirement villages exit condition report (PDF, 729KB)
Use this form only for units where an entry condition report was completed from 1 February 2019 onwards. (You must complete an inspection and entry condition report for the unit within 14 days after a resident’s termination date.)

Retirement village form 8 – Closure Plan (DOCX, 383KB)
Use this form when you propose to close or wind-down a retirement village scheme, including temporarily. The Closure Plan can be approved by residents, or the chief executive where agreement cannot be reached.

Retirement village form 8A – Notice of Proposal to Cancel Registration (PDF, 98KB)
Use this form to advise the chief executive about a proposal to close a retirement village scheme by winding down or closing the scheme, including temporarily.

Retirement village form 8B – Residents' meeting notice for Closure Plan (PDF, 96KB)
Use this form to advise residents of the date and process for undertaking a special resolution vote on a proposed Closure Plan.

Retirement village form 8C – Notice of Discontinuation - Closure (PDF, 98KB)
Use this form to advise the chief executive and each resident if you decide not to proceed with the closure of a retirement village scheme.

Retirement village form 9 – Redevelopment Plan (DOCX, 245KB)
Use this form when you propose to redevelop a retirement village in situations where the village will continue to operate throughout the process (a running redevelopment). The Redevelopment Plan can be approved by residents, or the chief executive where agreement cannot be reached.

Retirement village form 9A – Resident meeting notice for Redevelopment Plan (PDF, 95KB)
Use this form to advise residents of the date and process for undertaking a special resolution vote on a proposed Redevelopment Plan.

Retirement village form 9B – Notice of Discontinuation - Redevelopment (PDF, 95KB)
Use this form to advise the chief executive and each resident if you decide not to proceed with the redevelopment of a retirement village.

Retirement village form 10 – Chief executive information document for closure and redevelopment plans (PDF, 117KB)
Use this form to provide the additional information required by the chief executive when receiving a copy of an approved closure or redevelopment plan, or a proposed closure or redevelopment plan for approved. It contains information to assist decision making and sending appropriate notifications where applicable but does not make up part of an approved plan.

Retirement village form 11 – Transition Plan (DOCX, 357KB)
Use this form when you propose to transfer control of the operations of the retirement village to a new scheme operator. The chief executive can make changes to the plan and monitor implementation.

Retirement village form 11A – Notice of Proposal to Change Scheme Operator (PDF, 96KB)
Use this form to advise the chief executive about a proposal to transfer control of a retirement village scheme’s operation to another person.

Retirement village form 11B – Notice of Discontinuation - Transition (PDF, 95KB)
Use this form to advise the chief executive if you decide not to proceed with the transfer of control of a retirement scheme’s operation to another person.

Retirement village form 12 – Change of Scheme Operator (PDF, 165KB)
Use this form to advise the details of the new scheme operator and/or executive officer/s for a retirement village.

Application for review of decision (PDF, 208KB) – Fair Trading Inspectors Act 2014 (section 74)
Use this form to apply to the Chief Executive to review a decision relating to sections 47 or 51 of the Act.

Some private accommodation services' operations in Queensland are governed by legislation. A regulatory guideline gives practical guidance to help operators comply with the legislative requirements for their business.

The aim of these regulatory guidelines is to:

• help regulated accommodation providers to self-regulate by explaining Regulatory Services' expectations about how providers can comply with legislative requirements
• promote industry compliance and best practice improvements by clarifying legislative requirements
• provide step-by-step guidance and examples of how a regulated operator can meet their obligations under a specific part of legislation
• explain how and when Regulatory Services will exercise specific enforcement powers under legislation and what penalties may apply for non-compliance.

Regulatory guidelines are designed to complement existing legislation and provide certainty for operators and residents but should not be relied upon as legal or financial advice.

Retirement villages

Regulated under the Retirement Villages Act 1999.

• How to calculate the percentage of proportionate costs for selling a right to reside and sharing ongoing resident fees after termination (PDF, 288KB).
  This guideline helps retirement village operators correctly calculate the percentage of costs payable by the operator and the former resident after termination for 2 situations:
  • fees that former residents are required to pay after termination
  • for the costs of the operator selling a right to reside in a retirement village.
• Insurance excess payments (PDF, 278KB)
  Provides guidance on which retirement village fund an operator should pay from when making an excess payment for a claim on an insurance policy for damage or loss of retirement village property.
• Costs of sale (PDF, 527KB)
  Provides guidance about the costs an operator can charge a former resident when reselling their unit.
• Exit entitlement statements (PDF, 529KB)
  Provides guidance about what information should be included in an exit entitlement statement.

Residential services

Regulated under the Residential Services (Accreditation) Act 2002.

Residential parks with manufactured homes

Regulated under the Manufactured Homes (Residential Parks) Act 2003.