MORNINGTON PENINSULA INDEPENDENT INFORMATION

Evidence-led guidance · Mornington Peninsula

Victorian retirement-village rules: which 2026 date applies?

Contract signing dates, older residents, maintenance increases and planned reforms—using Victorian Government sources.

Published by Tom Le Cerf · Sources retain their individual dates.

Four dates—not one start date

1 May 2026: significant Victorian retirement-village reforms began. New contract rules, current operator information statements, annual contract checks and other protections apply in different ways according to the type and date of the agreement.

1 September 2026: the prescribed standard-form contract became compulsory for new retirement-village contracts. Agreements entered between 1 May and 31 August 2026 had to comply with the new substantive requirements even if the operator used an earlier contract form.

25 November 2026 (upcoming as of 12 November): two additional regulations start: prescribed notice for certain maintenance-charge increase meetings, and conduct requirements during conciliation. This date does not replace every older contract.

1 July 2027 (future): a mandatory Code of Practice and further emergency-management rules are scheduled to start. Do not describe them as already in force.

Consumer Affairs Victoria: reform commencement (official source) · CAV operator Q&A: contract cohorts (official source)

Before 1 May 2026: existing agreements

The operative contract date is generally when parties entered the agreement—often when it was signed—not the date of moving into the village. Residents with earlier contracts still benefit from some reforms, including annual contract checks, maintenance responsibilities and the dispute framework. However, the new standard form, new pre-contract disclosure, new gain/loss allocation and the new 12-month exit-entitlement deadline do not automatically apply retrospectively to pre-1 May contracts.

Ask for your actual signed agreement, its amendments, and the latest annual contract check. A pre-2026 contract can have different payment terms or its own earlier deadlines; obtain advice on the particular provisions.

CAV: April 2026 operator questions 5–9 (official source) · CAV: leaving fees and payment dates (official source)

Signing from 1 May 2026

For a retirement-village contract entered from 1 May 2026, the new rules include a seven-business-day cooling-off period after signing. Business days exclude weekends and public holidays; do not treat this as seven calendar days. Ask the operator to confirm the correct cancellation process and prescribed administration fee. If signing from 1 September 2026, check the current prescribed standard form.

From 1 May, operators also must publish and maintain an information statement. The statement must be given on request and at least 21 days before entering a management contract. It is not a substitute for the individual residence/management agreement, its price schedule, or written unit-specific inclusions.

CAV: contract terms and cooling-off (official source) · CAV: information statements (official source)

Leaving: contract date and tenure matter

For contracts entered from 1 May 2026, the new maximum exit-entitlement timing is generally 12 months from permanent vacation, with earlier triggers depending on ownership rights and the agreement. For non-owner residents, relevant earlier triggers include a qualifying incoming payment or new resident taking occupancy; owner-residents have sale/settlement rules. Do not apply a blanket 12-month promise to an earlier contract.

Some older contracts contain a six-month requirement or different triggers. Ask the operator for an annual contract check and a written calculation with the precise trigger, the relevant contract date, whether the resident owns the premises, and any transition assistance for moving into aged care.

CAV: leaving a village (official source) · Questions about leaving costs

What changes on 25 November 2026?

Where an operator proposes to increase maintenance charges above the adjusted maintenance charge, a prescribed notice form will be required for the meeting at which residents vote, with 21 days' notice. This is not a universal 21-day notice rule for every routine invoice adjustment.

Rules for respectful conduct at a VicAssist conciliation conference will also begin. They apply to residents, operators, proprietors and other participants. They prohibit abusive, discriminatory, intimidating, obstructive and misleading behaviour and allow a conciliator to respond to a breach.

CAV: 25 November 2026 changes (official source)

Five practical questions to take to the operator

  1. What is the exact date and form of the contract I am entering or already hold?
  2. Can I have the current information statement, contract schedules and an itemised fee/inclusions list?
  3. Which cooling-off, maintenance-charge and special-resolution rules apply to this agreement?
  4. What does the latest contract check say about deductions, payment triggers and exit entitlements?
  5. Which written rule applies to an increase, transfer to care, or dispute, and can you provide the official document?

These are general Victorian retirement-village rules. A land-lease community, private tenancy or residential aged-care home can fall under different law; a brochure's label is not enough to identify tenure. Seek independent legal/financial advice before relying on contract outcomes.

Document checklist · Maintenance guide