Draft Apartment Bill gives flat owners stronger rights over common areas

The proposed Karnataka Apartment (Ownership and Management) Bill, 2026, finally attempts to end the disputes arising between flat owners and builders over the ownership and use of common spaces, laying down a comprehensive legal framework defining what constitutes common areas and facilities, who owns them, and how they should be managed.

However, there is further scope for improvement, especially in terms of management, flat owners said. The proposed legislation makes it clear that every flat owner will automatically hold an undivided and non-exclusive ownership right in the land and all common areas of the project. This ownership will remain inseparable from the flat and will pass along whenever the flat is sold, inherited, or transferred.