The last round of discussion on this Bill took place in [December 2025]
Status: This is a DRAFT Bill, released for public consultation. It is not law yet. The Karnataka government has invited feedback from the public until 6 August 2026, and the draft is hosted on the Urban Development Department website at udd.karnataka.gov.in. Nothing on this page is in force today. Throughout, we say the draft “proposes” or “would require” — because that is exactly where things stand.
Already on our site: our guide to the existing law — the Karnataka Apartment Ownership Act and what it means for RWAs. This page is the newer, consultation-timely deep-dive into the 2025 draft Bill that would replace it.
If it is passed, the Bill would be one of the most significant changes to apartment ownership in Karnataka in fifty years. It aims to replace two older laws — the Karnataka Apartment Ownership Act, 1972 and the Karnataka Ownership Flats Act — with a single, modern, RERA-aligned Act. The draft is being led by Chief Minister of Karnataka, Shri D. K. Shivakumar and Minister for Greater Bengaluru Development, Shri Krishna Byre Gowda.
We wrote this page because we spend our days inside apartments across Bengaluru, and owners keep asking us what this Bill means for them. Here is an honest, useful walk-through — no scare tactics, no legalese. We are an inspection firm, not a law firm, so please treat this as background reading, not legal advice.
The key changes, theme by theme
1. Structural safety of older buildings
The draft proposes that buildings over 30 years old get a safety assessment by a certified structural engineer, repeated every 5 years. If a building is rated unsafe, the draft proposes a mandatory notice to the competent authority and the local authority. An association that disagrees with an adverse finding could appeal to an Expert Committee.
To be clear about what this is and isn’t: Karnataka does not currently mandate any such structural audit. This is a new duty the draft proposes, and it is aimed squarely at older buildings. (More on what this means for a newer building in the “What this means for you today” section below.)
2. Promoter and handover duties
This is the part most relevant to newly-completed and recently-handed-over buildings. The draft would require the promoter (builder) to:
- Submit a declaration to the competent authority within 60 days of the Occupancy Certificate (OC).
- Hand over all original documents — building plans, service layouts, and tax/charge receipts.
- Transfer all unpaid amounts collected from buyers to the association.
- Enable formation of the owners’ association in line with RERA.
- Maintain the common areas until the association is formed.
Where ownership has been transferred to buyers but the common-area transfer deed has not yet been executed, the draft proposes a separate deed within 12 months. (For how a builder-to-society handover actually works in practice, see our HOTO handover guide.)
3. Owners’ associations and how they form
The draft proposes that the association be formed within 3 months of more than 50% of allottees booking their apartments. It also sets out how associations assess and recover charges, and how they represent owners in dealings with the promoter and the authorities. The intent is to get owners organised and in control of their own building sooner, rather than leaving them dependent on the builder.
4. Land, share, and parking
- Undivided share of land would go to all owners in proportion to their unit area.
- The draft introduces a new definition of Super Built-Up Area, and distinguishes between “Undivided Interest” and “Undivided Share” — technical, but it matters for how your ownership is described on paper.
- Parking — whether open, stilt, basement, or podium — is treated as a shared common area and, in the draft’s words, “can never be sold or transferred as private property.” This is a meaningful shift for how developers have historically sold parking.
5. Maintenance and charges
The draft proposes that maintenance charges be shared by super-built-up-area — i.e. proportionate to the size of your apartment — rather than an equal amount per flat. The association assesses and recovers these charges, and there can be separate user charges for community or commercial facilities.
6. Modifications, redevelopment, and disputes
- Structural modifications or redevelopment would need the sanction of 75% of owners. Owners who dissent could take a settlement of no less than twice the market value of their unit.
- Dispute resolution would run through an Urban Development Department “competent authority”, with a two-stage appeal system: a First Appellate Authority that must dispose of a matter within 90 days, a Second Appellate Authority within 30 days, and thereafter the High Court.
What this means for you TODAY
Because this is a draft, nothing here is a duty you must act on right now. But it helps to know which parts would bite soonest if the Bill becomes law:
- If you are in a new or recently-handed-over building, the parts that matter most to you are the promoter-handover duties and the association-formation timelines. These are about making sure your builder hands over complete documents, unspent money, and a properly maintained common area — and that your association forms on time. This is the practical, near-term half of the Bill.
- The 30-year structural-audit rule is a future / older-building matter — not a new-building concern. A building handed over today would not reach the 30-year mark until around the 2050s. So if your building is new, you do not need a structural audit any time soon, and nobody should tell you otherwise. The rule exists to protect residents of genuinely ageing buildings.
- The Bill applies to projects with more than 8 apartments — worth checking against your own project’s size.
In short: newer buildings should be paying attention to handover and association formation, not to structural audits.
Nemmadi’s view
We support stronger protection for apartment owners — and we’re saying so publicly.
We think this draft moves in the right direction. Clearer handover duties, owner-controlled associations, honest treatment of parking and common areas, and a real appeals process are all good for the people who actually live in these buildings.
We have also formally suggested to the consultation that the handover itself be independently verified by an engineering firm — so that owners know, at the one moment that matters most, that they have received a complete and structurally sound property. Today, most owners take handover on trust.
We’ll be honest about our interest here: independent handover verification is also what we do. Owner protection and our business happen to point in the same direction — and we’d rather tell you that openly than pretend we have no stake in it.
— The Nemmadi team
How to give your feedback before 6 August 2026
The draft is open for public consultation. If you have a view — as an owner, an association office-bearer, or simply a resident — you can send it in:
- Email your feedback to: kaomablr@gmail.com
- Read the full draft at: udd.karnataka.gov.in
- Deadline: 6 August 2026
This is a genuine chance to shape a law that will govern your home. If any part of this Bill affects how you live in your building, it is worth a few minutes to write in.
Frequently asked questions
Is this law yet?
No. It is a draft Bill, open for public feedback until 6 August 2026. It is not in force, and it may change before (or if) it is passed.
Does my new building need a structural audit now?
No. The draft’s structural-audit rule is proposed for buildings over 30 years old, and Karnataka does not currently mandate any such audit. A building handed over today would not be due for one for decades.
What must my builder hand over under the draft?
The draft proposes the promoter must submit a declaration within 60 days of the OC, and hand over all original documents (building plans, service layouts, tax/charge receipts), transfer all unpaid amounts to the association, enable formation of the association, and maintain the common areas until the association is formed.
When should our owners’ association form?
The draft proposes the association be formed within 3 months of more than 50% of allottees booking.
Can parking be sold to me as private property?
The draft says common parking — open, stilt, basement, or podium — is a shared common area that “can never be sold or transferred as private property.” This is a proposed change, not yet law.
What’s the deadline to comment?
6 August 2026. Send feedback to kaomablr@gmail.com; the draft is at udd.karnataka.gov.in.
Does Nemmadi perform the statutory structural audit the draft talks about?
No — and we want to be precise about this. Nemmadi’s service is a condition survey (a home / building health-check): we inspect and report on the state of a property so an owner knows what they are getting. A statutory 30-year structural audit under this draft must be carried out and signed by a registered/certified structural engineer — that is a different, formal exercise. We do not conflate the two, and neither should anyone selling you either service.
Nemmadi is a Bengaluru home-inspection and property-quality firm. This page is general information, not legal advice. For a definitive reading of the draft Bill or your specific situation, consult a qualified advocate.
Read More:
https://timesofindia.indiatimes.com/city/bengaluru/redefining-apartment-living-in-karnataka-draft-bill-proposes-6-key-changes/articleshow/132423732.cms
https://www.thehindu.com/news/national/karnataka/will-address-challenges-faced-by-apartment-owners-through-dialogue-consultation-rather-than-litigation-karnataka-cm/article71224910.ece
https://www.hindustantimes.com/real-estate/karnataka-draft-apartment-bill-explained-75-redevelopment-rule-association-rights-and-key-proposals-for-homeowners-101784121005010.html
