When an Old Bengaluru Apartment Block Can Be Redeveloped: 75% Consent and a 30-Year Safety Check

90 of 120. In the illustration Karnataka's new apartment law uses to explain redevelopment, a three-tower project has 100 flats and 20 commercial units, and owners who together hold 90 of those units can approve a redevelopment scheme that, once cleared by an appellate authority, binds everyone. For anyone buying a flat in an older Bengaluru building, that number is worth understanding before signing.

The rules are in sections 30, 31 and 48 to 51 of the Karnataka Apartment (Ownership and Management) Bill, 2026. FoxMandal's 16 October update says the law was gazetted on 15 October 2026 as Act No. 45 of 2026 and is not yet in force. Our overview of the Act sets out its wider scope.

The short answer. Under the bill, owners representing at least 75 per cent of the apartments in a project approved as a single development plan can resolve, by written consent in a general body meeting, to redevelop after a prescribed number of years from the occupancy certificate or when circumstances require. The resolution is approved by the Second Appellate Authority and then binds all owners. Owners who did not consent can opt for a settlement of not less than twice market value, less building depreciation. Anyone who buys after a redevelopment proposal is formally placed cannot challenge it. Separately, every building must have a structural stability check after 30 years, then at least every five years if found safe. The trade-off: the 75 per cent route makes stalled redevelopment easier to unlock, but a minority owner, and a late buyer, has far less power to say no.

How does the 75 per cent rule work?

Section 48(1) says that on completion of a prescribed number of years from the occupancy certificate, or as circumstances may require, owners representing 75 per cent of the apartments of the whole project approved as a single development plan may resolve to redevelop. Section 48(2) says the proposal goes to a general body of all owners with a scheme covering the redevelopment plan, the development rights or floor area ratio to be used, owners' entitlements, financing, the timeline and other prescribed details.

Section 48(3) says the resolution is valid only with the written consent of owners representing not less than 75 per cent of the apartments, in a general body meeting called for the purpose. It is then submitted to the Second Appellate Authority, and on approval binds all owners. The bill's illustration counts units, not owners: 10 owners hold 120 units, and any group holding 90 or more can approve.

What does a dissenting owner get?

Section 48(6)(a) says an owner who did not consent or did not vote, and does not want to take part, may opt for a monetary settlement instead of a redeveloped apartment. The apartment and its land share are then bought for the scheme, before the planning authority approves the proposal.

Section 48(6)(b) says the settlement shall not be less than two times the market value of the apartment with its undivided interest, after deducting the building's depreciation on the date of full payment, as agreed between the owner and the association. Market value is to be fixed by a valuer recognised by the Income Tax Department or registered with the Insolvency and Bankruptcy Board of India, and registered with the State for this purpose. The association pays, and disputes go to the Competent Authority, with appeals to the First Appellate Authority and a possible tribunal.

The bill's wording leaves the exact arithmetic to the valuer and rules, so treat any figure a developer quotes as a starting point for negotiation, not a final number.

Why does section 48(8) matter to buyers?

Because it limits what a resale buyer can do. Section 48(8) says that where a redevelopment proposal has been formally placed before the association, or a notice convening a meeting on redevelopment has been issued, any person acquiring an apartment after that is deemed to have acquired it subject to the proposal and is not entitled to challenge the redevelopment resolution.

So before buying a flat in an older Bengaluru society, ask the association in writing whether any redevelopment proposal or meeting notice exists. If it does, you are buying into that process. We looked at how redevelopment plays out for buyers in Mumbai in our guide to buying a sale flat in a Mumbai redevelopment.

What protections do owners get during redevelopment?

Section 48(7) says any lender holding a mortgage on an apartment must consent and execute documents to shift the charge to the owner's entitlement in the redeveloped property, or settle it. Section 48(9) requires the promoter or redevelopment entity to furnish a bank guarantee, escrow or other prescribed security before demolition or construction. Section 50 requires all planning approvals before redevelopment starts.

Section 48(5) dissolves the existing executive committee on approval and has owners elect a new one, with one vote per apartment owned. Section 49 lets the Competent Authority certify removal of the property from the Act for redevelopment once encumbrances are settled, after which the property is held in common in proportion to each owner's earlier undivided share. Section 51 allows the rebuilt property to be resubmitted to the Act.

Who pays, and what if the developer fails?

Section 48(4) says the scheme must state whether redevelopment is done without any financial contribution from owners, in which case the promoter or redevelopment entity gets the development rights or saleable area agreed, or whether owners must contribute, in which case the proportion and manner of contribution must be clearly set out.

If the project is not completed within the scheme's period or an extension approved by the Competent Authority, section 48(10) lets the association terminate the redevelopment agreement, invoke the security the promoter furnished, and appoint another promoter or entity to finish the job. Section 48(11) adds that if redevelopment fails or is abandoned and the building is not rebuilt within a prescribed maximum period, owners holding at least 75 per cent may resolve to sell the whole land with its development rights, with the proceeds shared in proportion to each owner's undivided interest in land. Section 48(12) lets owners form a Redevelopment Association, or another prescribed entity, to represent them in redevelopment matters, and section 48(13) says a new declaration and a new association follow on completion. Owners therefore keep a formal voice through each stage.

What is the 30-year structural check?

Section 31 says that once a building completes thirty years from construction, the association must have its structural stability assessed by a certified and registered structural engineer, who certifies it as safe, safe subject to specified repairs, or unsafe. If safe, a fresh certificate is needed at least every five years. If repairs are needed, the association undertakes them under section 30, which needs a majority of owners present and voting with a quorum of half of all owners when costs exceed ordinary funds. If unsafe, the engineer informs the association, the Competent Authority and the local authority, and the association may appeal to an expert committee within thirty days.

What should a buyer of an older Bengaluru flat check?

If you are looking at an established building, such as Purva Orient Grand in Sudhama Nagar, or any older society, these steps follow the bill:

1. Find out when the building was constructed and when the occupancy certificate was issued.
2. Ask the association whether any redevelopment proposal or meeting notice has been issued.
3. If one has, read the scheme, since section 48(8) would bind you as a later buyer.
4. Ask whether a structural stability assessment has been done, and for its result.
5. Check how units are held in the project, since the 75 per cent test counts apartments.
6. If you have a home loan, note that section 48(7) requires your lender's consent to shift its charge.
7. Watch for the rules that will set the qualifying years, the valuation procedure and the security a redevelopment entity must furnish.

Frequently asked questions

How many owners must agree to redevelop a Bengaluru apartment project under the new law?

Section 48 of the bill requires written consent of owners representing not less than 75 per cent of the apartments of the whole project in a general body meeting. The resolution goes to the Second Appellate Authority and, once approved, binds all owners. The bill's illustration counts 90 of 120 units.

What happens to an owner who does not want to join a redevelopment?

Section 48(6) lets an owner who did not consent opt for a monetary settlement instead of a redeveloped flat. The bill says it shall not be less than two times the market value of the apartment with its land share, after deducting building depreciation, as agreed with the association and valued by a registered valuer.

Can I challenge a redevelopment if I bought the flat after it was proposed?

No, under section 48(8) of the bill. Where a redevelopment proposal has been formally placed before the association or a meeting notice issued, anyone acquiring an apartment afterwards is deemed to take it subject to the proposal and is not entitled to challenge the resolution.

When must an apartment building get a structural stability check?

Section 31 of the bill requires the association to have the building assessed by a certified and registered structural engineer once it completes thirty years from construction. If certified safe, a fresh certificate is needed at least every five years after that.

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.