The Star: July 30, 2020

OVER 60’S
UNITS
If you are considering a change of
scenery, it may be useful to consider the
different types of properties available to
you. When it comes time to downsize
the family home, you might consider
a retirement village or buying a new
home. One option you may not have
considered is an over-60’s unit. The
Council identified a need for accessible
housing for senior members of the
Christchurch community within the
private sector. Zoning land which allows
for over-60’s housing is one way of
addressing these needs.
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As the name suggests, over-60’s units are
designed with people over 60 years of
age in mind. The purpose of these units
is to provide a self-managed community
for seniors as an alternative to retirement
villages. The units are usually smaller
in size and a single storey. What makes
over-60s units unique is that there is
an encumbrance registered on the title
requiring that the occupants of the
house be 60 years of age or older. An
encumbrance is a restriction that is
placed on a title, and prevents the owner
from doing certain activities. In the case
of over-60’s units, the encumbrance
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prevents certain people from living in the property. To qualify
to live in an over-60’s unit, you need to be either over 60 years
of age, or qualify for a permanent supported living payment
on health grounds. Partners, spouses, dependents, and
caregivers of a qualifying person can also live in the property.
Over-60’s units are different from retirement villages or
Council-managed flats. Over-60’s units are properties that
you own. This means you won’t have to pay any deferred
management fees when you sell the property, like you would
for an occupation right agreement at a retirement village.
However, you also don’t get the benefit of the support services
retirement villages usually provide. Over-60’s units are
commonly owned by way of a unit title, which is a group of
properties in a single development that share common areas.
Unit title properties often have a governing body, called a
Body Corporate, made up of all the unit title owners and is
responsible for such matters as managing any common areas.
Body Corporates often have special rules about what you
can do with the property, such as whether you can have pets.
It is important that you check these rules before you buy a
unit title property, to ensure that you are willing and able to
comply with them.
If you are considering buying an over-60s unit, or you already
own one, you should keep in mind that if you decide to sell it
there is a limited pool of potential buyers and this may make
the property more difficult to sell. On the other hand, with an
aging population, this type of housing may be in demand for
years to come.
It is possible in limited circumstances to have the
encumbrance removed, allowing anyone of any age to live in
the property. However, as the encumbrance is registered by
the Christchurch City Council, the decision to remove the
encumbrance lies with the Council.
If you are considering buying or selling an over-60’s unit, it’s
best to talk to a specialist first. The team at Harmans Lawyers
has the knowledge and experience to help you navigate this
process. Please contact Phillipa Shaw on 03 352 2293 to
arrange a time to discuss your situation.
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