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Condition of the premises

Premises condition report

The operator of a retirement village must give a premises condition report to a resident before they move into a retirement village [Retirement Villages Act 2016 (SA) s 23(1)]. The premises condition report must set out information about:

  • the condition of the fixtures, fittings and furnishings in the residence
  • who is responsible for maintaining, repairing and replacing the fixtures, fittings and furnishings (and how the operator will fund any maintenance, repairs or replacements they are responsible for)
  • who is responsible for reinstating the residence at the end of the contract
  • who is responsible for any improvements to the residence at the end of the contract
  • any intended improvements or repairs the operator has planned when the premises condition report is provided
  • how disputes about the premises condition report may be resolved.

Regulation 6B of the Retirement Villages Regulations 2017 (SA) sets out the requirements for a premises condition report in greater detail.

The resident must then complete the premises condition report and give it back to the operator within 10 business days of moving in [Retirement Villages Act 2016 (SA) s 23(3)]. A resident who does not return a signed premises condition report is taken to have agreed to the report [s 23(4)].

Village safety

From 2 February 2026, a retirement village operator must ensure that common areas of the village are reasonably safe [s 43A]. This includes:

  • ensuring there is an effective emergency plan in place for the village
  • taking reasonable steps to ensure all residents and staff are familiar with the emergency plan
  • conducting a safety inspection of all communal areas at least annually
  • ensuring key safety information, including a map with the locations of assembly areas, exits, fire extinguishers and other emergency equipment, is clearly displayed in communal areas.

Regulation 16 of the Retirement Villages Regulations 2017 (SA) sets out the requirements in greater detail.

It is an offence for an operator to fail to take the above steps [Retirement Villages Act 2016 (SA) s 43A(3)].

Alterations

From 2 February 2026, a resident may, by notice in writing to the operator, request approval to make an alteration to their residence to install a functional aid, equipment or infrastructure as recommended by a registered health practitioner [s 43B(1), (6)]. This could include, for example, installing grab rails or other mobility aids.

The operator must respond to the resident's request within 10 business days and may only refuse the request if reasonable grounds exist to refuse it [s 43B(2), (3)]. The operator may make the approval subject to reasonable conditions, including that the resident reinstate the premises when the aid is no longer needed or the contract ends [s 43B(4)].

This provision applies regardless of what a residence contract says about alterations, unless a resident elects to rely on an inconsistent contractual term [s 43B(5)].

Condition of the premises  :  Last Revised: Thu Feb 12th 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.