New rules for WA retirement villages started on 1 September 2026, under the Retirement Villages Amendment Act 2024 (WA) and the new Retirement Villages Regulations 2026. They’re being rolled out in five stages over the next two years, giving operators and residents time to adjust. Here’s what’s changing and when.
From 1 September 2026
- Getting paid out: When you leave a retirement village, the operator must pay your exit entitlement — usually on a date set by your contract or when the unit resells, and no later than 12 months after you leave. You can also agree a different date with the operator, or (if your contract was ended by the Tribunal) it’s due 10 days after the date the Tribunal set for you to move out. The operator must give you a statement showing how they worked out the amount. Operators who don’t pay on time can be fined up to $20,000.
- Buybacks: Some residents have a contract where the operator has to buy back their unit — for example, where you occupy by owning shares, or your contract gives the operator a repurchase right or restricts you from reselling to someone else. If that applies to you, the operator now has up to 12 months from when you move out to complete the purchase, at a price you agree or that’s set by an independent licensed valuer if you can’t agree. (Not every contract has a buyback — check yours.) Operators can apply to Consumer Protection for a one-off extension of up to 12 months, or in limited cases a longer exemption, if they can show genuine hardship.
- Aged care payments: If you’re eligible and moving into aged care, you can ask for part of your exit entitlement to be paid straight toward your aged care daily accommodation payment, instead of waiting for the full amount. The detail of how to request this — and who’s eligible — is set out in the Regulations.
- Recurring charges after you leave: You can choose to have any ongoing charges (like fees that keep running after you move out) deducted from your exit entitlement rather than paid separately, and the operator can only charge you this way if you’ve elected to do so.
- Budgets: Operators must consult residents before finalising the annual budget, not just after.
- Conduct rules: New standards of professionalism, training and behaviour apply to operators and their staff, as well as residents, with consequences for breaches to be set out in the Regulations.
- Closing a village: A village can’t be closed while a resident who’s moved in remains in occupation, unless the operator gives residents an approved termination plan, holds a meeting at least a month later to answer questions, and helps each resident find alternative accommodation of a similar standard.
Later stages
- December 2026: Residents must be consulted before any modifications are made to the village, and “before and after” property condition reports will be required when a resident moves in and again when they leave — useful evidence if there’s a dispute about reinstating or renovating the unit.
- July 2027: Prospective residents must be given two new disclosure documents before signing a contract — a community arrangements statement and a prospective resident information statement — so they know what they’re getting into.
- First half of 2028: A public register of retirement villages goes live, so people can compare villages and see basic information (including the community arrangements statement) before visiting in person.
- July 2028: Operators become responsible for maintaining and replacing capital items (things like lifts, roofs and common facilities), backed by a mandatory 5-year capital maintenance plan and a dedicated, adequately funded maintenance fund. Residents will need to report capital item problems to the operator.
Why it matters
If you’re an operator, it’s worth reviewing your current contracts, budgeting process and exit/buyback procedures now — non-compliance with several of these obligations carries fines, and the reforms generally apply to existing contracts as well as new ones. If you’re a resident, these changes affect how quickly you’re paid out, how the village is run, and what you’re told before you move in or when you leave.
Consumer Protection is running information sessions and will publish forms and templates as they become available — see their bulletins for updates.
© Bugden Allen Group Legal Pty Ltd. This is general information only and not legal advice. You should not rely on this information without seeking legal advice tailored to your specific circumstances.
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Source: Consumer Protection WA, “Retirement village law reforms” (updated 20 August 2026), consumerprotection.wa.gov.au/retirement-village-law-reforms; Retirement Villages Act 1992 (WA) as amended by the Retirement Villages Amendment Act 2024 (WA).
