The government of Karnataka is planning to bring the Karnataka Apartment Bill 2025. It is a much-anticipated major revamp of the law that aims at empowering the rights of the owners of apartments and the residents, especially in Bengaluru, where apartments have become the most common form of urban housing.
Such a change in the state's approach to the management of high-density urban housing was indicated by the Deputy Chief Minister D K Shivakumar. He interacted with homebuyers’ associations and resident forums at Vidhana Soudha during a special session.
“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.
Why a New Apartment Law Is Being Proposed?
The proposed Bill looks to change the Karnataka Apartment Ownership Act, 1972 and to upgrade it significantly. According to specialists, this Act is not really representative of the current situation of apartment living.At the time when the 1972 Act was passed, Bengaluru did not have many high-rise or gated residential developments. Now, the city has numerous apartment complexes that are home to hundreds of thousands of residents.
Governance Gaps Affecting Apartment Residents
The new Bill is primarily focused on resolving the problem of the most urgent issues resulting from the existing law that does not provide for a competent authority notified. Due to that hole, condo owners do not have a single government body to whom they can bring their complaints about the maintenance, common facilities, or land ownership.
As per, HT Vittal BR, an advocate at the Karnataka High Court, mentioned that among the issues that remain unsettled, the most significant is the question of handing over the land to the apartment owners. He further pointed out that the two legislations viz. the Karnataka Ownership Flats Act and the Karnataka Apartment Ownership Act, should be read side by side for solving this problem.
One of the significant issues is also the legal position of apartment associations. A large number of associations have been registered under the Karnataka Societies Registration Act, 1960. However, the Karnataka High Court has decided that these associations are not permitted to forcibly collect maintenance charges from the members."
“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.
Land Ownership and Common Areas in Focus
The clarification of land ownership and common areas is anticipated to be one of the main points of the new Bill that has been the source of numerous disputes between residents and developers. According to law experts, the buyers may acquire individual apartments, but the question of the land under the building is often left unclear or the change of ownership is not fully done.
Land is the most valuable component of an apartment project, yet its ownership is rarely explained clearly to buyers. The new legislation must clearly state when and how land rights vest with apartment owners, states the experts. Homebuyers’ groups believe that codifying these provisions will reduce litigation and prevent developers from retaining control over common facilities indefinitely.
The state government has communicated that the Bill remains at the consultation phase. According to Shivakumar, suggestions are being sought from resident associations, homebuyers’ forums, and legal experts.
“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.
What This Means for People Looking to Buy a Home?
The Apartment Bill 2025 is a potential game-changer for consumer confidence in the real estate market. Some of the ways by which this piece of legislation can make consumers more confident in their buying decisions include:
- By specifying in detail the ownership of the areas used in common as well as the land
- By setting up a government authority to look into and solve public grievances
- By giving legal support to apartment associations
- By lessening the reliance on court battles that take a long time
The experts in policy have been quoted as saying that this law can later be used as a template by other states that are urbanising fast and have similar problems of apartment governance.
Policy analysts say the legislation could also serve as a model for other rapidly urbanising states grappling with similar apartment governance issues. This is not just a housing law; it’s an urban governance reform.
The authorities have not communicated the specific time when they will present the Bill to the parliament but they say that the draft is in the final stages.
As a result of this regulation, people living in flats in Bengaluru which accounts for almost 19% of the city’s population will have their lives changed for the better. The apartment regulations will finally have a legal framework that matches the reality of urban life which has evolved considerably over the years.
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