You have found a village you want to move into, so what’s next? This is where an Occupation Right Agreements come in. The documents can sometimes be daunting, as they must legally contain a number of provisions regarding the village, services, staffing, charges, safety, meetings, maintenance, accounts and complaints. This is why it is important to find a lawyer who will be able to discuss the documents, answer any questions and make you feel comfortable with the decision you are making.

When you sign this document, you are signing for a right to occupy a unit in a retirement village, and therefore you will not have any legal ownership in the unit itself.

If you enter into an Occupation Right Agreement, you will have pre-determined rights which are governed by the Retirement Villages Act 2003 and Code of Practice 2008 to ensure your health and wellbeing is looked after and cared for.

There are a number of things to consider, in particular the financial implications as typically you will pay an ongoing payment for expenses and maintenance. You will also need to ensure you have an up to date Will and Enduring Powers of Attorney and a medical certificate from your practitioner.

If you would like to talk to one of our property experts about Occupation Right Agreements and how they work, contact us.