New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 41A

41A Renovations and alteration of fixtures or fittings

(1) A resident of a retirement village may--

(a) add, remove or alter any fixtures or fittings on or within the resident's residential premises, or

(b) make renovations to the resident's residential premises,

but only with the written consent of the operator of the retirement village.

(2) The consent of the operator may be subject to such reasonable conditions as the operator may include in, or attach to, the written consent.

(3) Without limiting subsection (2), the operator may consent to any addition, removal or alteration of fixtures or fittings, or to any renovations, referred to in subsection (1) subject to the condition that, on the termination of the resident's village contract, the premises will be returned to the same condition as they were in immediately before the consent was given.

(4) The operator of a retirement village must not unreasonably withhold consent to any addition, removal or alteration of any fixtures or fittings, or to any renovations, referred to in subsection (1).

(5) A resident of a retirement village may apply to the Tribunal for (and the Tribunal may make) an order--

(a) permitting the addition, removal or alteration of specified fixtures or fittings on or within the resident's residential premises, or

(b) permitting the making of specified renovations to the resident's residential premises, or

(c) varying the conditions to which the operator's consent is subject.

(6) If the Tribunal is satisfied that the operator of the retirement village has unreasonably withheld consent under this section, or that the conditions to which such consent is subject are unreasonable in the circumstances, the Tribunal may make the order sought and the operator is taken to have given consent in accordance with the terms of the order.

(7) Despite subsection (1), the consent of the operator of the retirement village is not required--

(a) to remove or alter any fixtures or fittings that were added by a resident (including fixtures or fittings that were added before the commencement of this section) unless the removal or alteration of the fixtures or fittings is likely to cause significant damage to the residential premises, or

(b) to make renovations, or to add, remove or alter any fixtures or fittings, prescribed by the regulations for the purposes of this section.

(8) Nothing in this section authorises a person to add, remove or alter any fixtures or fittings in, or renovate any residential premises within, a retirement village if consent to do so is required under any Act and the consent has not been obtained.

(9) Without limiting subsection (8), nothing in this section authorises a person to carry out development (within the meaning of the Environmental Planning and Assessment Act 1979 ) in contravention of that Act.