Best practice guide Determining refurbishment and fair wear and tear in retirement villages
What is the refurbishment process?
When residents first move into their unit, they should make note of what the operator has provided. Information about agreed minor changes to the unit (eg, hanging pictures) should be in writing.
Residents also have the right to make alterations to their unit to improve disability access. Again, the occupation right agreement should set out what happens when the resident moves out, including restoration of the unit and who pays for the restoration. If the occupation right agreement does not contain information about restoration, the restoration process is set out in the Code of Practice (clause 45(1)).
If your residential unit has been modified for disability access, you can ask your operator whether they are willing to market the residential unit with the modifications in place. Both operators and residents need to consider how the modifications could affect the market value and time to sell the residential unit. This matter may be covered in your occupation right agreement.
Can I ask for financial information about the process?
If you are an executor of an estate or a holder of an Enduring Power of Attorney you may need to request financial information to demonstrate you are acting in the estate's or the resident's best interests.
What happens if the resident and operator cannot agree on the process for refurbishment?
If at anytime during the refurbishment process, the operator and resident cannot agree, the Retirement Villages Act 2003 provides a two-stage disputes process.
The first stage is to use your retirement village complaints process. Your operator has 20 working days to respond to your complaint. If your complaint is not resolved within the village, either party can use the disputes process. You do not have to wait nine months to bring a dispute about refurbishment.
Residents and operators can also ask the village's statutory supervisor (if there is one) to intervene.
Further information on the complaints and disputes process is available from the Department of Building and Housing and the Retirement Commission.
Refurbishment process for exiting residents
Refer to Refurbishment process for exiting residents [PDF 43 KB, 1 page] for a visual representation of the refurbishment process.