From the Land to the Sump Motors: What a Bengaluru Flat Owner Co-Owns Under RERA
Section 2(n) of the RERA Act lists the common areas in a project, Section 17 requires undivided proportionate title in them to pass to the association, and Section 11(4)(d) makes the promoter maintain essential services until takeover. This guide explains what Bengaluru owners co-own and what the association should receive.
Ask a new owner in a Bengaluru gated community what they bought, and the answer might be a flat number and a floor. The legal answer is longer. Under the Real Estate (Regulation and Development) Act, 2016, a buyer in an apartment project ends up with the apartment itself and an undivided share in a long list of common areas, from the land under the towers to the sump motors in the basement. Those shared parts are also what the builder must eventually hand over to the owners' association.
This guide sets out what the Act counts as common areas, how title to them is meant to pass, who looks after them before the association takes over, and what the association should receive at handover.
The short answer. Section 2(n) of the Act defines common areas to include the entire land of the project or phase, staircases, lifts, lobbies, fire escapes, common basements, terraces, parks, play areas, open parking areas, common storage, staff quarters, central services, water tanks, sumps, motors and all community and commercial facilities in the project. Section 17(1) requires the promoter to execute a registered conveyance deed in the allottee's favour along with the undivided proportionate title in the common areas to the association of allottees or the competent authority. Section 11(4)(d) makes the promoter responsible for essential services, on reasonable charges, until the association takes over maintenance. The trade-off: shared ownership gives every owner a say, but it also means common areas are only as well run as the association that receives them.
What counts as a common area under RERA?
A great deal more than the clubhouse. In the text of the Act published by the Telangana regulator, Section 2(n) defines common areas as: the entire land for the real estate project, or where the project is developed in phases and registration is sought for a phase, the entire land for that phase; the staircases, lifts, staircase and lift lobbies, fire escapes, and common entrances and exits of buildings; the common basements, terraces, parks, play areas, open parking areas and common storage spaces; the premises for the lodging of persons employed for the management of the property, including accommodation for watch and ward staff; installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, systems for water conservation and renewable energy; the water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use; all community and commercial facilities as provided in the real estate project; and all other portions of the project necessary or convenient for its maintenance, safety and in common use.
Two points stand out for a Bengaluru buyer. The land itself is a common area, so the plot under the towers is part of what is shared. And the list includes community and commercial facilities provided in the project, which is why the status of a clubhouse or shops inside a gated community is worth asking about before booking.
| Common area | Example in a gated project | Section 2(n) sub-clause |
|---|---|---|
| Land of the project or phase | The plot under and around the towers | (i) |
| Circulation and safety | Staircases, lifts, lobbies, fire escapes, entrances | (ii) |
| Shared open and enclosed spaces | Basements, terraces, parks, play areas, open parking | (iii) |
| Central services and equipment | Electricity and water installations, tanks, sumps, motors | (v) and (vi) |
| Community and commercial facilities | Clubhouse and other facilities provided in the project | (vii) |
Are the clubhouse and shops in a project common areas?
It depends on how the project was set up. Section 2(n)(vii) includes all community and commercial facilities as provided in the real estate project. But the Act also treats a shop, showroom or office as an apartment: Section 2(e) defines an apartment, whether called a flat, office, showroom, shop, godown or by any other name, as a separate and self-contained part of immovable property used or intended for residential or commercial use.
So a shop block inside a gated community may be a common facility, or it may be units the promoter sells. The registration filing helps tell them apart. Section 4(2)(h) lists the number, type and carpet area of apartments for sale, and Section 4(2)(d) covers the sanctioned plan and layout. If a clubhouse or retail space matters to your decision, check how it appears in both.
How does title to common areas pass?
Through the conveyance. Section 17(1) says the promoter shall execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or the competent authority, as the case may be, and hand over physical possession of the apartment to the allottee and the common areas to the association of allottees or the competent authority, with the other title documents, within the period specified under local laws. In the absence of any local law, its proviso sets three months from the date of issue of the occupancy certificate.
Section 11(4)(f) repeats the duty from the promoter's side: to execute a registered conveyance deed of the apartment in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as provided under Section 17. Section 4(2)(g) requires the proforma conveyance deed to be filed at registration, so a buyer can read in advance how the common areas are described. Our earlier report on the undivided share of land in a Bengaluru apartment explains how the land share is usually expressed.
Who runs the common areas before the association takes over?
The promoter. Section 11(4)(d) says the promoter shall be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees. Section 11(4)(e) says the promoter shall enable the formation of an association, society or co-operative society of the allottees under the applicable laws, and that in the absence of local laws, the association shall be formed within three months of the majority of allottees having booked their plot or apartment.
The allottees have a matching duty. Section 19(9) says every allottee shall participate towards the formation of an association or society or co-operative society of the allottees, or a federation of the same. Section 19(3) says the association of allottees shall be entitled to claim the possession of the common areas, as per the promoter's declaration under Section 4(2)(l)(C).
Can the builder change the common areas after you book?
Not without a large majority. Section 14(2)(ii) says the promoter shall not make any other alterations or additions in the sanctioned plans, layout plans and specifications of the buildings or the common areas within the project without the previous written consent of at least two-thirds of the allottees, other than the promoter, who have agreed to take apartments in such building. Its Explanation counts an allottee as one allottee, irrespective of the number of apartments booked by that person or in the name of the family.
This is the protection that matters if a brochure promised a park or play area and a revised plan proposes something else on that land. Our report on common areas, open parking and garages covers parking specifically.
What should the association receive at handover?
Documents, plans and certificates. Section 17(2) says that after obtaining the occupancy certificate and handing over physical possession to the allottees, the promoter shall hand over the necessary documents and plans, including common areas, to the association of allottees or the competent authority as per the local laws, and in the absence of a local law, within thirty days after obtaining the occupancy certificate. Section 19(5) gives each allottee the right to have the necessary documents and plans, including those of common areas, after handover of physical possession.
Other provisions add to the handover file. Section 11(4)(b) requires the promoter to make the completion or occupancy certificate available to the allottees individually or to the association. Section 16(4) says that on formation of the association, all documents relating to the insurance specified in Section 16(1) shall be handed over to it. Section 11(4)(c), for projects on leasehold land, requires a lease certificate to be made available to the association.
For a buyer in a project such as Prestige Falcon City in Konanakunte, or any other, this handover is when shared assets move from the builder's control to the owners'. The checklist below helps the association, and individual owners, keep track.
- Read the proforma conveyance deed filed under Section 4(2)(g) to see how your undivided share in common areas is described.
- Check that your conveyance deed conveys the undivided proportionate title in common areas, as Section 17(1) requires.
- Ask for receipts for maintenance charged before the association takes over, which Section 11(4)(d) says must be on reasonable charges.
- Take part in forming the association, as Section 19(9) requires every allottee to do.
- Make sure the association receives the documents and plans of common areas under Section 17(2).
- Ask for copies of the occupancy or completion certificate and any project insurance documents under Sections 11(4)(b) and 16(4).
- Object in writing to any change to common areas made without two-thirds written consent under Section 14(2)(ii).
Frequently asked questions
Is the land under my apartment building a common area?
Yes. Section 2(n)(i) of the RERA Act includes in common areas the entire land for the real estate project, or where a project is developed in phases and registration is sought for a phase, the entire land for that phase. Section 17(1) requires undivided proportionate title in common areas to pass to the association of allottees.
Who maintains common areas before the association is formed?
The promoter. Section 11(4)(d) says the promoter shall provide and maintain the essential services, on reasonable charges, until the association of allottees takes over maintenance. Section 11(4)(e) requires the promoter to enable the association's formation, within three months of majority bookings where there is no local law.
Can a builder convert a promised park into another use?
Section 14(2)(ii) bars the promoter from making alterations or additions to the sanctioned plans, layout plans and specifications of the buildings or common areas without the previous written consent of at least two-thirds of the allottees, other than the promoter. Each person or family counts as one allottee for this purpose.
What documents must the builder hand over to the association?
Section 17(2) requires the necessary documents and plans, including common areas, to be handed to the association as per local laws, or within thirty days of the occupancy certificate where there is none. Section 16(4) adds insurance documents, and Section 11(4)(b) requires the occupancy or completion certificate to be made available.
Last updated 2026-10-26. PropNewz Team.
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