KHBF says delay in bringing the new apartment law is hurting thousands of residents, blocking transfer of common areas and violating core RERA provisions.
The Karnataka Home Buyers Forum (KHBF), a statewide collective of apartment purchasers, has intensified its demand for the government to immediately publish the long-pending Apartment Act. The forum says that the continued delay has created growing legal complications, violated key provisions of the Real Estate (Regulation and Development) Act, 2016, and left thousands of residents without full ownership rights.
KHBF has been particularly highlighting the lack of progress in enforcing Section 17 of RERA, which requires developers to hand over common areas to the Association of Allottees (AoA). However, in many projects, the AoAs are still not registered as a ‘body corporate’, a legal requirement for the transfer to take place. Without this registration, promoters cannot formally transfer land or common facilities, leaving homebuyers stuck in limbo despite having paid for their homes.
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The organisation warned that the situation could turn serious during redevelopment or in cases of structural defects. Without a legally recognised association, residents may not be able to take decisions on repairs, liability, insurance, or rebuilding, putting both lives and property at risk.
KHBF members said they have pursued every possible legal route, including the RERA Authority, RERA Appellate Tribunal, Karnataka High Court, Human Rights Commission, and Lokayukta, to push the government into action. Their hopes rose in January this year when the High Court, while hearing a writ petition, directed the state to file its response on the draft Apartment Act. The court also noted that the government had earlier given a written assurance to frame and notify the legislation.
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Despite these commitments and promises made during the election campaign, the state has neither submitted its response nor released the Act nearly a year after the court’s directive. KHBF convener Dhananjaya Padmanabhachar called the delay “a denial of statutory rights to homebuyers”.
Ahead of the Belagavi legislature session beginning today, multiple resident groups have urged the government to prioritise the issue. The Bangalore Apartments’ Federation (BAF) has reiterated its demand to update the outdated Karnataka Apartment Ownership Act, 1972, arguing that the absence of modern laws has led to administrative confusion, prolonged litigation, and lack of clarity on ownership and management responsibilities.
Homebuyers say the new Apartment Act is essential to bring order, legal clarity, and accountability to Karnataka’s rapidly growing apartment ecosystem.
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