As you approach the next phase of your life, you might be contemplating a move to a retirement village or an over-55s lifestyle community. This transition often involves downsizing to a smaller, more manageable home or embracing a community lifestyle designed for seniors. However, before making this significant decision, it is crucial to understand the various types of ownership and rights associated with retirement villages.
What Does “Right to Reside” Mean?
When you opt to move into a retirement village, you are not buying the property in the traditional sense. Instead, you purchase a “right to reside.” This right entitles you to exclusively occupy a unit or room within the village according to the terms outlined in your residence contract. The Retirement Villages Act 1999 (Qld) (RV Act) governs these arrangements, ensuring that your right to reside is secure and legally recorded.
There are several methods to establish this right, each with its own set of implications and requirements:
- Registered Lease (Leasehold)
- Freehold Transfer
- Loan and Licence Agreement
Registered Lease (Leasehold)
The leasehold arrangement is the most common in Queensland. Under this system, your lease is registered on title, and the terms and conditions of your residence agreement are included within the lease. Typically, the lease lasts for 99 years from the commencement date or until the death of the lessee.
During the lease term, you have the option to sell or transfer your interest in the property, provided the new resident is approved by the village operator. Currently, the Queensland Revenue Office does not impose transfer duty on leases or transfers of leasehold properties. Additionally, the Titles Office registration costs are lower compared to freehold property transfers.
When you decide to leave, you will receive your ingoing contribution back, minus any agreed fees. Depending on your specific agreement, you may also be entitled to any capital gains realised during your occupancy.
It is essential to note that while you hold the right to reside, you cannot grant or assign this right to another person without the express written consent of the village operators.
Freehold Transfer
Although less common in retirement villages, freehold ownership is similar to owning a unit or apartment outside of a retirement village. As a freehold owner, you become the registered owner of the property and are responsible for council charges, such as rates and water accounts. In addition, you will incur service or maintenance charges imposed by the village operator.
As a member of the body corporate, you will have the right to vote in meetings. When you decide to vacate, you can sell the property to any approved buyer. You will be entitled to any capital gains realised, but also liable for any capital losses if the property’s value declines.
Loan and Licence Agreement
This is considered the least secure form of ownership but is still governed by the RV Act, which provides certain safeguards and protections. Under this arrangement, you enter into a licence agreement, which includes your residence agreement, and a loan agreement outlining the terms of your loan to the operator.
The loan is interest-free and repayable when you leave the property. Typically, you will not be entitled to any capital gains or liable for capital losses if the value of the unit changes during your residency. Upon leaving, you will receive your full ingoing contribution back, minus any agreed exit fees and charges.
Choosing the Right Structure
The structure of the retirement village is determined by the village operator, and most villages will adopt one primary style of ownership. The RV Act imposes stringent disclosure requirements on the operator, ensuring transparency and protecting your rights.
Why Seek Independent Legal Advice?
Before signing any agreements, it is strongly recommended that you seek independent legal advice. An experienced legal professional can help you navigate the complexities of the RV Act, ensure all requirements are met, and clarify your rights and obligations. This step is crucial in making an informed decision about your future residence in a retirement village.
Choosing to move into a retirement village involves understanding the different ownership structures and their implications. Whether you opt for a leasehold, freehold, or loan and licence arrangement, each has its own set of benefits and responsibilities. By familiarising yourself with these options and seeking expert advice, you can ensure a smooth transition to your new home, with a clear understanding of your rights and obligations.
Ready to Explore Your Retirement Village Options? Making an informed decision about moving into a retirement village is crucial. Our expert team at NB Property Law is here to guide you through the process and ensure you fully understand your rights and options.
Book your complimentary consultation today and let us help you navigate the complexities of retirement village agreements with confidence.
Your future starts here. Reach out to our team and take the first step towards a secure and comfortable living arrangement in your next chapter.
Written By:
Kayleigh Swift, Director
NB Property Law
[email protected]
(07) 3876 5111
Kayleigh Swift is a Director of our Property team who showcases her expertise in Commercial and Residential property matters.. With a high level of experience in commercial and retail leasing, voluntary and involuntary purchase and sale acquisitions and property development matters, Kayleigh provides practical advice to ensure smooth property transactions.