Karnataka's New Apartment Law Is Notified, Not Yet in Force: What It Changes for Bengaluru Buyers

195 square metres for one flat and 225 for the other. Those are the super built-up areas worked out in an illustration printed inside Karnataka's new apartment law, for two flats with carpet areas of 100 and 120 square metres. For Bengaluru buyers used to brochures that quote one large number with no explanation, the illustration is the point: the law spells out exactly how that number must be built up, and requires the break-up in every agreement of sale.

The Karnataka Apartment (Ownership and Management) Bill, 2026, LA Bill No. 14 of 2026, was printed for the Assembly's tenth session on 18 August 2026. According to FoxMandal's update of 16 October 2026, it received the Governor's assent on 9 October and was published in the Karnataka Gazette on 15 October 2026 as Karnataka Act No. 45 of 2026. It is not yet in force.

The short answer. The new Act will replace the Karnataka Apartment Ownership Act, 1972 and the Karnataka Ownership of Flats Act, 1972 once the State notifies a commencement date. The bill applies to projects with more than eight apartments, including villa projects with shared facilities. It requires a super built-up area break-up in every agreement of sale and conveyance deed, a declaration within sixty days of the occupancy certificate, handover of documents and funds within the same sixty days, and an association within three months of a majority of units being allotted. The trade-off: nothing changes on the ground until the commencement notification and rules, so a buyer signing today should ask for these protections in the contract rather than assume them.

Is the new apartment law in force yet?

No. FoxMandal's update says the Act is not yet in force and that no commencement date has been notified. Section 1(2) of the bill says it shall come into force on such date as the State Government may appoint by notification in the official gazette.

The same update says the Act repeals the two 1972 apartment laws on commencement, subject to savings, with pending proceedings continuing under the repealed Acts. It also says the State must appoint a Competent Authority within three months of commencement. Until then, the 1972 framework continues, which is the one we discussed in our report on the Sobha Silicon Oasis owners' case.

Which Bengaluru projects will it cover?

Section 1(3) of the bill applies the law to projects containing more than eight apartments in one or more buildings, including villas forming part of single plot or development plan approvals under the Karnataka Town and Country Planning Act, 1961, and to projects with more than eight apartments built on sites in layouts approved under section 17 of that Act.

Section 1(5) excludes plotted or villa developments where each plot or villa site is individually conveyed by a registered instrument and all roads, parks and civic amenities are handed over to the local authority. But the proviso says that exclusion does not apply where the development includes common areas, facilities, services or infrastructure meant for collective ownership, use or management through an association. In practice, a gated villa community with a shared clubhouse is likely to be inside the law.

The bill's definition of allottee includes a person who later acquires the apartment through sale, transfer or assignment, but not a tenant or licensee.

How will super built-up area be calculated?

The bill defines super built-up area as the sum of four parts: the carpet area as defined under the RERA Act; the area of external walls and exclusive balconies; 33 per cent, or the percentage specified in the title deed, of any terrace, lawn, garden or open space conveyed exclusively with the apartment; and a proportionate share of the built-up portions of common areas.

Its own illustration: Apartment A has 100 square metres of carpet area, 20 square metres of walls and balcony, and a 30 square metre terrace counted at 10 square metres, giving a private area of 130. Apartment B has 120 square metres of carpet area and 30 of walls and balcony, a private area of 150. With 140 square metres of built-up common area shared in the ratio 130 to 150, A's share is 65 and B's is 75, so their super built-up areas are 195 and 225 square metres.

The second proviso says the break-up must be shown in every agreement of sale and in the registered conveyance deed. Undivided share in the land is fixed separately, in the ratio of each apartment's private area to the total private area.

What must the builder hand over, and when?

Section 16(1)(b) of the bill lists what the promoter must hand over to the association within sixty days of the occupancy certificate, including land title documents, the declaration, sanctioned plans and completion certificates, as-built and structural drawings, fire, lift and environmental compliance certificates, insurance policies, encumbrance certificates, service drawings, equipment warranties, maintenance contracts, and receipts for municipal taxes up to handover.

Section 16(1)(c) requires transfer of maintenance deposits, security deposits, corpus fund and advance maintenance, with interest, within the same sixty days, along with an audited statement of accounts. FoxMandal's summary adds that handing management of common areas to the association does not transfer ownership, which vests in the apartment owners, and that the promoter remains liable for structural defects under RERA. Our earlier explainer on the occupancy certificate and completion certificate explains why the occupancy certificate date matters so much here.

What happens if a promoter does not comply?

Section 52(1) of the bill lets the Competent Authority, after a hearing, impose a penalty of up to Rs 1 lakh, and up to Rs 1,000 a day for a continuing contravention, where a promoter fails to submit the declaration, fails to facilitate the association, fails to execute the deed of transfer, or hands over possession without an occupancy certificate. A complaint can come from the association's secretary, a person authorised by its executive committee, any aggrieved apartment owner, or the Authority on its own.

Section 52(2) covers other contraventions by a promoter, association or owner, with a penalty of up to Rs 20,000 for each contravention and up to Rs 1,000 a day if it continues, plus a power to order restoration.

Who will enforce it, and how do appeals work?

Section 38 of the bill requires the Government to appoint a Competent Authority within three months of commencement, and section 41 gives it powers of a civil court. Section 41(6) says amounts payable under its orders, including penalties, interest and maintenance dues, may be recovered as arrears of land revenue or of property tax.

Appeals go first to a First Appellate Authority under section 44, an officer of the local or planning authority not below Group-A Junior Scale, within thirty days of the order, with a target of disposal within ninety days. A further appeal lies to a Second Appellate Authority under section 45. Both appellate authorities are also to be appointed within three months of commencement.

For associations, section 33 sets a thirty-day window for the Competent Authority to approve or reject bye-laws, after which they are deemed approved unless the period is extended, up to ninety days in total.

What should a Bengaluru buyer do before the Act starts?

The law is not yet in force, so use it as a checklist for what to ask. If you are comparing projects such as Assetz Mizu and Ki on Hennur Main Road, put the same questions to every promoter:

1. Ask for the super built-up area break-up into carpet area, walls and balconies, exclusive terrace and common area share.
2. Check that the carpet area in the break-up matches the carpet area in the RERA registration.
3. Ask how the undivided share in land has been calculated for your apartment.
4. Ask when the promoter expects the occupancy certificate and plans to hand over documents to the association.
5. Confirm how corpus fund and maintenance deposits are held and whether interest will be passed on.
6. For villa projects, check whether there is a clubhouse or other shared facility that brings the project within the new law.
7. Watch for the commencement notification and rules, since deadlines will run only after they are notified.

Frequently asked questions

Is the Karnataka Apartment (Ownership and Management) Act 2026 in force?

Not yet, according to FoxMandal's 16 October 2026 update. It received the Governor's assent on 9 October 2026 and was published in the Karnataka Gazette on 15 October 2026, but it takes effect only on a date the State Government notifies in the Official Gazette.

Which Bengaluru projects will the new apartment law cover?

The bill says it applies to projects with more than eight apartments in one or more buildings, including villas in single plot or development plan approvals, and to projects with more than eight apartments on sites in layouts approved under section 17 of the Karnataka Town and Country Planning Act, 1961.

What must an agreement of sale show about super built-up area?

The bill defines super built-up area as carpet area, external walls and exclusive balconies, 33 per cent of an exclusive terrace unless the deed says otherwise, and a share of built-up common areas. It says the break-up must be shown in every agreement of sale and registered conveyance deed.

How soon must a Bengaluru builder hand over documents to the association?

The bill says the promoter must hand over original project documents and records, and transfer maintenance deposits, corpus fund and similar amounts with interest and audited accounts, to the association within sixty days from the date of issue of the occupancy certificate.

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 text and the rules govern. It is not legal advice.

Last updated 2026-11-12. PropNewz Team.