Amidst a surge in apartment construction, the Karnataka State Government is considering the need for a distinct act to govern rules and regulations related to apartments. Currently governed by the Karnataka Apartment Ownership Act of 1972, apartments face numerous challenges within this framework. The implementation of the Real Estate (Regulation and Development) Act (RERA) in 2016 has added complexity and confusion to the existing regulations.
To address these issues, concerned departments are collaboratively working on a comprehensive act to establish statewide common rules for apartment maintenance. Input has been sought from the departments of urban development, housing, revenue, and the Karnataka State Pollution Control Board (KSPCB). The proposed act aims to tackle issues related to plan approval, Floor Area Ratio (FAR), mandatory Sewage Treatment Plant (STP), elimination of Rajakaluve encroachments, and other legal framework issues. Once the draft is finalised, it will undergo public scrutiny, welcoming objections. The entire process is expected to take a few more months, according to officials.
The proposed draft aims to address various concerns, including the registration and maintenance of apartment owners’ associations, transfer of common usage areas to owners’ associations, formation of apartment owners’ associations, and maintenance of expenses. It also seeks to streamline permissions, delineate rules and responsibilities for builders/promoters and buyers, establish a competent authority for apartment maintenance, propose penalties for rule violations, and resolve other apartment-related issues.
