The Karnataka government has introduced a draft bill to replace 50-year-old laws, focusing on structural safety, dispute resolution, and clear ownership rights.
Key Takeaways
- The proposed 'Karnataka Apartment (Ownership and Management) Bill, 2026' replaces two laws from 1972.
- Mandatory structural safety audits for buildings older than 30 years.
- 75% owner consent required for building redevelopment.
- Establishment of a dedicated dispute resolution authority with civil court powers.
Bengaluru: In a decisive move to modernize urban living, the Karnataka government has unveiled a comprehensive draft of the Karnataka Apartment (Ownership and Management) Bill, 2026. This legislative overhaul, demanded by stakeholders for over a decade, aims to repeal two archaic laws from 1972 that are no longer equipped to handle the complexities of contemporary high-rise living. The bill is slated to be tabled during the upcoming monsoon session starting August 6.
Addressing Legal Ambiguity and RERA Alignment
For decades, apartment management in the state has been governed by the Karnataka Apartment Ownership Act and the Karnataka Ownership Flats Act, both dating back to 1972. Tushar Giri Nath, Additional Chief Secretary of the Urban Development Department, highlighted that these outdated regulations have frequently led to protracted litigation and uncertainty for homebuyers. The new bill seeks to streamline these processes and eliminate overlaps with the Real Estate (Regulation and Development) Act (RERA), providing a unified legal framework.
Safety Standards and Redevelopment Protocols
A cornerstone of the new legislation is the emphasis on structural integrity. Recognizing the risks posed by aging infrastructure, the bill mandates that apartment complexes older than 30 years must submit a structural stability certificate, with mandatory re-certification every five years. Furthermore, the bill provides a clear roadmap for redevelopment: a 75% majority consent from flat owners is required to initiate the process. To protect minority interests, owners who dissent from redevelopment are entitled to compensation amounting to at least twice the prevailing market value of their property.
Empowering Owners and Resolving Disputes
The draft bill introduces significant changes to ownership structures, ensuring that the ownership of project land and common areas is formally transferred to the apartment owners. To tackle the perennial issue of internal conflicts, the government proposes a dedicated two-stage appellate mechanism. Both the competent authority and the appellate authority will hold powers equivalent to a civil court, offering a faster and more specialized alternative to traditional legal battles. This move is expected to bring much-needed accountability to promoters and apartment associations alike.