Karnataka Apartment Act 2026: What Bengaluru Owners Must Know

Karnataka Apartment Act 2026: What Bengaluru Flat Owners, RWAs and Buyers Need to Know

Short version: Karnataka now has a new apartment law. The Karnataka Apartment (Ownership and Management) Act, 2026 received the Governor’s assent on 9 October 2026 and replaces the two 1972 apartment laws. It covers old and new projects with more than eight apartments, so most Bengaluru apartment communities are affected. It brings one registered association per project, promoter handover deadlines, 75% consent for redevelopment and structural safety checks for ageing buildings. The date it comes into force and the authority that will run it are still to be notified.

If you own a flat in Bengaluru, run a Resident Welfare Association (RWA) or are about to buy, this law will change how your building is governed. Here’s what it means in practice, and what to do while you wait for the rules.

Is it law yet, and when does it start?

The Act comes into force on a date the government will notify, so the 1972 laws technically still apply until then. Many of the practical deadlines run from that commencement date.

Does it apply to my Bengaluru building?

For Bengaluru, the definition of “local authority” in the Bill includes bodies under the Greater Bengaluru Governance Act, 2024. The Greater Bengaluru Authority and its city corporations replaced the BBMP in September 2025. The competent authority will be officers of a local or planning authority, to be notified.

What changes for flat owners?

• You own a share of the land and common areas. An apartment includes a proportionate undivided interest in the project land and common areas, and that interest is meant to show in revenue records, the khata and mutation registers. In Bengaluru, think of your e-Khata.

• Common areas stay with owners. The association manages them but doesn’t own them, and a promoter can’t sell or privately keep roads, open spaces or clubhouse areas that form part of the project.

• Future development rights are shared. Extra built-up area from any future change in FAR belongs to the owners collectively, in proportion to private area.

• Essential services are protected. Water, power, sanitation, lifts, fire safety and access to your flat can’t be withheld for non-payment, even for defaulters. Only non-essential facilities can be restricted, after notice.

• Late fees are capped. A penalty for non-payment can’t exceed one month’s maintenance charge.

• Unpaid dues attach to the flat. They rank below taxes and earlier registered mortgages. A buyer can become liable for the seller’s unpaid dues.

• One member, one vote. A person has one vote however many apartments they own.

• You’re bound by the bye-laws, and so are your tenants.

What changes for RWAs and associations?

The government will also publish model bye-laws for public objections for at least 30 days before notifying them. If you run an RWA, review your bye-laws now so you’re ready.

What changes for buyers?

• Promoter handover. Within 60 days of the Occupancy Certificate, the promoter must file a declaration with the competent authority and hand over documents and funds to the association. Failing to file the declaration attracts a penalty of Rs 1 lakh or more.

• Association formation. The promoter must facilitate formation and registration within 3 months of a majority of apartments being allotted. If they don’t, the authority can step in.

• Promoter remains liable. Handover doesn’t end the promoter’s duty to fix structural and other defects during the liability period under RERA.

• Check the dues. Ask the association for a statement of unpaid dues before you buy.

• Promoter’s mortgage. An apartment can’t be conveyed unless the promoter has obtained a release or no-dues certificate for it.

• Parking. Common parking can’t be sold as separate property. Private parking is allowed only where the sanctioned plan approves it as an independent unit, and it can’t go to someone outside the project.

• Super built-up area. The break-up must be shown in the agreement of sale and in the registered deed.

What about older buildings and redevelopment?

Many Bengaluru apartment buildings are now decades old, and this is where the Act matters most.

• 30-year safety check. Once a building completes 30 years from construction, the association must have a certified structural engineer assess it. A building certified safe needs a fresh certificate at least every five years, and one certified unsafe triggers a report to the authorities. The association can appeal an “unsafe” finding within 30 days.

• Redevelopment at 75%. Owners of 75% of the apartments in the whole project can resolve in writing to redevelop, and the resolution binds everyone once the Second Appellate Authority approves it. It counts apartments, not owners.

• If you don’t want to take part, you can opt for a settlement of at least twice the market value (after depreciation) assessed by a registered valuer.

• Safeguards. The redevelopment entity must furnish a bank guarantee or escrow before demolition, and the association can terminate and invoke it if the project isn’t completed on time.

• Older projects where the promoter never filed the declaration. The association can file it with the authority’s permission.

How will disputes be handled?

The Act sets a four-step chain: the Competent Authority, then the First Appellate Authority, then the Second Appellate Authority, then the High Court. The authorities have civil-court powers for summoning witnesses and records, and appeals are filed within 30 days. Appellate bodies are expected to decide appeals within 90 days where practicable.

What should Bengaluru owners, RWAs and buyers do now?

Frequently asked questions

Is the Karnataka Apartment Act 2026 in force?
It received the Governor’s assent on 9 October 2026, but it comes into force on a date the government will notify. Until then, the 1972 laws technically continue to apply.

Does the new law apply to my apartment in Bengaluru?
Yes, if your project has more than eight apartments. It applies to existing and new projects. It excludes government buildings and plotted or villa developments where each plot is individually conveyed.

Which laws does it replace?
The Karnataka Apartment Ownership Act, 1972 and the Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972.

Does my RWA need to re-register?
Existing associations are deemed associations under the new law, but they must furnish details and align their bye-laws within six months of commencement. For projects already sold, a registration application is due within three months of commencement.

How much consent is needed for redevelopment?
Written consent of owners of 75% of the apartments in the project, plus approval of the Second Appellate Authority.

Do old buildings need a structural audit?
Yes. After 30 years, a certified structural engineer must assess the building, and a safe building needs a fresh certificate at least every five years.

Can my association cut water or power if I don’t pay maintenance?
No. Water, electricity, sanitation, lift services, fire safety and access can’t be withheld. The late-payment penalty is capped at one month’s maintenance charge.

Who is the competent authority?
It hasn’t been announced yet. It will be officers of a local or planning authority, to be notified by the government.