Already Own a Bengaluru Flat? How Karnataka's New Apartment Law Will Treat Existing Buildings

Two 1972 laws, one new Act. When the Karnataka Apartment (Ownership and Management) Act, 2026 comes into force, it will repeal both the Karnataka Ownership of Flats Act, 1972 and the Karnataka Apartment Ownership Act, 1972. For the many Bengaluru owners whose buildings were declared, conveyed and organised under those older laws, the question is simple: what happens to everything already done?

The answer is in the transitional and savings clauses of the bill, LA Bill No. 14 of 2026. The law was gazetted on 15 October 2026 as Act No. 45 of 2026 and is not yet in force, according to FoxMandal's 16 October update. Our overview of the Act covers its scope for new projects.

The short answer. Under the bill, anything done under the 1972 Acts is deemed done under the new Act, accrued rights and liabilities are unaffected, and cases pending on commencement continue under the old laws. Existing bye-laws and orders continue so far as consistent with the new Act. Associations registered under the societies, co-operative, 1972 Apartment Ownership or Companies Acts are deemed associations under the new law and get six months to file particulars and align bye-laws; projects with more than one association must merge. Where the promoter of a completed project never filed a declaration, the association may file it with permission. The trade-off: owners keep what they already have, but older buildings will face fresh paperwork, and the clocks start only once commencement is notified.

What survives the repeal of the 1972 Acts?

Section 66(1) repeals the Karnataka Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 and the Karnataka Apartment Ownership Act, 1972. Section 66(2) then saves four things: anything done or action taken under those Acts is deemed done under the corresponding provisions of the new Act; rights, privileges, obligations and liabilities already acquired or incurred are unaffected; penalties for offences under the old Acts remain enforceable; and proceedings or disputes pending before any court, tribunal or authority continue under the repealed Acts.

Section 65 adds that rules, regulations, bye-laws, orders or directions in force under any apartment law immediately before commencement are deemed made under the new Act, so far as they are consistent with it, until modified or replaced.

What if your builder never filed a declaration?

Section 13(2) addresses a common problem in older projects. Where apartments in a project completed before commencement have already been conveyed, and the promoter fails or is unable to submit the declaration for reasons beyond the owners' control, the association may, with the competent authority's permission, submit the declaration in the prescribed form.

That matters because the declaration records each flat's private area, carpet area, undivided share and the common areas. Section 13(3) says the competent authority records the declaration in its register after scrutiny, and section 13(4) lets it return a defective declaration for correction within up to thirty days.

Section 14 lists what the declaration must contain, including a description of the land with survey numbers and boundaries, the sanctioned plan, the number of blocks, storeys, basements and apartments, each flat's number, private area and carpet area, the common and limited common areas, each flat's undivided share, the intended use of the building, any encumbrances, and the votes needed to decide on repair, reconstruction or sale after damage. For an older building, assembling those details may take time, so starting early helps. Section 14(2) adds that no amendment affecting owners' undivided interest can be made without their consent as the Act specifies.

What must existing associations do?

Section 22(6) deems associations registered before commencement under the Karnataka Societies Registration Act, 1960, the Karnataka Co-operative Societies Act, 1959, the Karnataka Apartment Ownership Act, 1972 or the Companies Act, 2013 to be associations under the new law. Where one project has more than one association, they must merge into one.

Section 22(7) gives each such association six months from commencement to furnish prescribed particulars of its registration, members and bye-laws to the competent authority, and to bring its bye-laws into line with the Act and the model bye-laws. For projects where flats were sold before commencement but no association exists yet, the proviso to section 22(1) requires the registration application within three months of commencement. We set out how associations will be run in our guide to apartment associations under the new law.

What if your association is not functioning?

Section 43 gives owners a route. Where not less than two-thirds of the owners of a project or phase ask in writing that the competent authority discharge the association's functions, it may, with the First Appellate Authority's prior approval, take them over for a specified period and on specified conditions. Its expenses are treated as common expenses recoverable from owners, every owner must be informed, and management is restored to the owners when the period ends or the association is shown to be capable of functioning.

Separately, section 23(5) lets the competent authority appoint an administrator to conduct elections if an executive committee fails to hold them before its term ends.

What about deeds that are only partly executed?

Section 10(5) handles projects caught mid-way. Where sale agreements were signed before commencement but no sale deed had been executed for any apartment in the project, the new Act applies when deeds are executed. Where a sale deed had already been executed for any apartment before commencement, deeds for all apartments in that project follow the laws in force before commencement. So a buyer of an unsold flat in an older project may find its deed follows the earlier laws, even after the new Act starts.

What will change day to day in an older building?

Once the Act starts, several rules apply to covered older buildings as much as to new ones. Section 25 says maintenance should in general be levied by super built-up area, and caps the penalty for non-payment at one month's maintenance. Section 20(6) bars any association from withholding water, electricity, sanitation, lifts, fire safety or access for unpaid dues. Section 28 requires the association to keep accounts in a scheduled bank, have them audited annually and file them with the competent authority within six months of the year end.

For buildings that are already old, section 31 is the provision to watch. Once a building completes thirty years from construction, the association must have a certified and registered structural engineer assess it, and repeat the check at least every five years if it is found safe. If repairs are recommended, the association must carry them out, with costs shared as common expenses.

A hypothetical timeline shows how the clocks would run. If the Act were to commence on 1 March 2027, an older project with flats sold but no association would need to apply for registration by about 1 June 2027, and an existing society would need to file particulars and align its bye-laws by about 1 September 2027. The Government would also be due to appoint the competent authority and appellate authorities within three months of commencement. The commencement date here is illustrative only.

What should Bengaluru owners and resale buyers do?

Whether you own in an established society or are buying a resale flat in a project such as Modern Spaaces Green Storeys on Sarjapur Road, these steps prepare for commencement:

1. Find out under which law your association is registered today, and whether there is more than one.
2. Ask whether a declaration was ever filed for the building, and get a copy if it was.
3. If none exists, raise it with the association, since section 13(2) lets it file one with permission.
4. Collect the current bye-laws, which continue only so far as they are consistent with the new Act.
5. Note any pending dispute, since section 66(2)(d) keeps it under the old law.
6. Ask the committee for its plan to meet the six-month conformity deadline after commencement.
7. Watch for the commencement notification and model bye-laws, which set the clocks running.

Frequently asked questions

What happens to my building's old declaration and bye-laws under Karnataka's new law?

Section 65 of the bill says rules, regulations, bye-laws, orders or directions in force before commencement under any apartment law continue, so far as consistent with the new Act, until modified or replaced. Section 66(2)(a) says anything done under the repealed 1972 Acts is deemed done under the new Act.

Can an association file the declaration if the builder never did?

Yes. Section 13(2) of the bill says that where apartments in a project completed before commencement have been conveyed and the promoter fails or is unable to submit the declaration for reasons beyond the owners' control, the association may submit it with the competent authority's permission.

What happens to cases already pending under the 1972 apartment laws?

Section 66(2)(d) of the bill says proceedings or disputes pending before any court, tribunal or authority immediately before commencement continue to be dealt with under the repealed Acts, as if the new Act had not been enacted. Check where your own case stands before relying on the new provisions.

Can owners ask the government to run a failing association?

Section 43 of the bill lets not less than two-thirds of the owners of a project or phase request in writing that the competent authority discharge the association's functions. With the First Appellate Authority's prior approval, it may do so for a set period, with costs treated as common expenses.

This article summarises the Karnataka Apartment (Ownership and Management) Bill, 2026 as introduced and a law firm's update on its enactment, for information. The final Act and rules govern; it is not legal advice.

Last updated 2026-11-12. PropNewz Team.