Karnataka government moves to roll out Apartment Bill 2025: All you need to know

Karnataka government moves to roll out Apartment Bill 2025: All you need to know


The Karnataka state government is taking steps to roll out the Karnataka Apartment Bill 2025, a proposed law designed to safeguard the rights of apartment owners and residents, Deputy Chief Minister D K Shivakumar said during a special interaction with homebuyers’ forums at Vidhana Soudha.

Karnataka government moves to roll out Apartment Bill 2025: All you need to know
The Karnataka government is moving to introduce the Karnataka Apartment Bill 2025 to protect apartment owners’ rights, Dy CM D K Shivakumar said after meeting homebuyers’ forums. (Representational Image) (X.com/DK Shivakumar )

Shivakumar pointed out that the proposed legislation comes as Bengaluru has expanded rapidly, with apartments now housing nearly a fifth or 19% of the city’s population.

He stated that the state government is firmly committed to safeguarding the interests of apartment owners and residents, noting that consultations are underway to gather inputs for the proposed legislation.

“Bengaluru has grown too big, and hence we have formed GBA for better governance. Nineteen per cent of Bengaluru residents are apartment dwellers. No government has tried to change the Apartment Act since it was introduced in 1972. Our government is trying to do that,” Shivkumar said.

“We are meeting apartment owners and residents to collect their feedback for the proposed apartment Bill. Those who have not been able to provide their suggestions may send an email… within the next 10 days. We are committed to the welfare of apartment owners,” Shivakumar said.

Also Read: Karnataka’s new Apartment Ownership Act nearly ready: What you need to know

Why is a new apartment Act required?

The proposed legislation is expected to replace the decades-old Apartment Act, bringing greater clarity on issues such as land rights, common area ownership, and maintenance.

Highlighting the structural gaps in existing laws, Dhananjaya Padmanabhachar, convenor of the Karnataka Homebuyers Forum, stated that current apartment association frameworks have repeatedly failed residents, underscoring the need for new, dedicated apartment legislation.

He pointed out that associations registered under the Karnataka Societies Registration Act, 1960, are legally restricted from collecting maintenance charges from residents, following a ruling by the Karnataka High Court, which has left many associations without a clear financial mechanism to operate.

Also, legal experts say, the state never notified a competent authority under the Karnataka Apartment Ownership Act, 1972, leaving residents without a government grievance mechanism and forcing them to seek court intervention.

Vittal BR, an advocate at the Karnataka High Court, said a key unresolved issue is the transfer of land to apartment owners, noting that the Karnataka Ownership Flats Act and the Karnataka Apartment Ownership Act must be interpreted together to address this gap. He added that the absence of clarity on how and when land rights are transferred has led to persistent disputes between residents, developers and authorities, underscoring the need for a more coherent legal framework.

Also Read: Bengaluru homebuyers push back against Bengaluru Development Authority’s bid for RERA exemption, citing repeated delays

How will the new Act impact homebuyers?

Homebuyers’ bodies say that the new Act will offer major clarity in terms of common area land transfer and complaint redressal system before the competent authority.

“The Karnataka Apartment Ownership Act of 1972 is riddled with confusion. To rectify this, the proposed Karnataka Apartment Ownership and Management Act (KAOMA) incorporates excellent provisions. The implementation of this Act is a necessity,” Satish Mallya, president of the Bangalore Apartments’ Federation (BAF), said.



Source link

Join The Discussion