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Retirement villages contracts and the law

Know your rights: Stronger protections for retirement village residents 

Thinking of moving into a retirement village?  

Retirement housing can support older Australians living and ageing well, but can come with unforeseen financial risks. 

From 2 February 2026, new laws came into effect to help anyone thinking about moving into a retirement village, understand their rights and responsibilities before signing a contact. 

The changes also aim to limit fees and charges during your stay and when you leave.  

Here is what the changes mean for you: 

Clearer contracts and fees 

Retirement village operators must ensure that your contract complies with all legal requirements and includes certain details, such as whether you may alter your residence and how much you may be charged in exit fees and to remarket your residence if you choose to leave.  

Better upfront information 

Operators must give you information about the retirement village’s occupancy and financial situation and your likely ongoing fees and charges. This aims to ensure that you can make an informed decision before signing a contract.  

Stronger accountability for operators  

Operators now face criminal penalties for providing a contract that does not meet the legal requirements, and for failing to provide you with all the necessary information before you move in.  

Support for medical and accessibility needs 

Operators may no longer unreasonably refuse your request to alter your home to meet medical or mobility needs, such as grab rails or mobility aids. 

New codes of conduct 

There are new codes of conduct that apply to retirement village residents, staff and operators. The codes of conduct set clear expectations for how you contribute to a safe, fair and respectful community. From 5 December 2026, retirement village staff and operators will be required to undergo training on the codes of conduct.   

If you already live in a retirement village, your current contract will generally still apply. 

Anyone thinking of joining a retirement village should get legal and financial advice before agreeing to or signing anything. 

Looking for further support and information?  

For more information about the changes, visit the Office for Ageing Well website to view and download information sheets tailored for residents and operators. 

For general information about retirement housing, check out the South Australian Government’s retirement villages resources.  

For general legal advice, call our Legal Helpline on 1300 366 424 Monday to Friday 9:00 am to 4:30 pm.  

You may also be interested in our free legal information and resources designed to help you live well and plan ahead at all stages of life