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The Karnataka Home Buyers Forum has approached the NHRC, stating that thousands of residents face risks to their rights due to the state's prolonged delay in notifying a new apartment-ownership law. Despite multiple government communications since March 2023 acknowledging gaps in existing RERA rules and the outdated KOFA Act, the proposed legislation has not been implemented. Departments highlighted issues around registering associations, managing common areas and finalising a new Act, with RERA indicating a draft would be released soon. Until the law is notified, apartment associations cannot take over shared assets, developers remain bound only by temporary norms, and homebuyers continue to face uncertainty.
The Karnataka Home Buyers Forum has approached the NHRC, contending that thousands of buyers' rights to life, liberty, equality and dignity are at risk owing to the state's prolonged failure to notify the proposed apartment-ownership law. The forum noted that key state departments had for more than a year acknowledged the necessity for new legislation, but the Act has still not been brought into force. Advertisement
They drew attention to a chain of government communications starting in March 2023 in which: the housing department flagged that the 2016 and 2017 RERA rules did not clearly permit registration of apartment-associations; the department of co-operation in February 2024 pointed to lacunae in managing common areas; by June 2024 the urban development department indicated that a new apartment Act was under preparation; the housing department in June 2024 stated the proposed legislation would replace the decades-old Flats Ownership (Karnataka) Act (KOFA) and was at the final stage; and by October 2024 RERA itself signalled that a draft Act would be released soon.
This standoff illustrates how legal inertia can compound risks for home-buyers who trust regulatory frameworks to protect their interests. Until the new apartment-ownership legislation is brought into effect, associations cannot assume control of shared assets, promoters remain answerable only to interim arrangements, and residents face protracted uncertainty. The ball now lies with the government to translate its earlier commitments into binding statute, and with the NHRC to determine whether this delay constitutes a breach of fundamental rights.
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