BENGALURU: The Karnataka Home Buyers’ Forum has urged the state government to enforce Section 17 of the Real Estate (Regulation and Development) Act, 2016. This is aimed at safeguarding the interests of home buyers.
According to Section 17, promoters must execute a registered conveyance deed for the allottee, including the undivided share of common areas, and provide physical possession of the respective apartment, plot, or building. Additionally, the common areas must be handed over to the apartment association or the competent authority upon project completion.
In a comprehensive letter addressed to the Greater Bengaluru Authority and the Urban Development Department, the forum highlighted significant delays in the transfer of title deeds, often lasting years even after projects receive completion certificates. They called on the government to grant the competent authority the powers to transfer titles to the apartment association if promoters do not act within five years post-completion.
The forum asserts that the land ownership of apartments should be transferred to associations for a nominal fee of ₹2,000, as individual flat owners already pay full stamp duty during registration, along with the undivided land share. Delays in transferring land titles by developers undermine residents’ legal rights and complicate issues related to maintenance, redevelopment, and conflict resolution.
Moreover, the forum recommended that all apartment associations must register with the competent authority. The authority should also provide model bye-laws defining the roles and responsibilities of associations, managing committees, members, and promoters, and assign a unique registration number to each association. To foster transparent governance, they proposed appointing an election returning officer to oversee fair elections for managing committees. Additionally, they urged apartment associations to implement internal grievance redressal mechanisms to address minor disputes through alternative resolution methods. Any unresolved matters should be escalated to the competent authority. The forum also suggested creating an Appellate Authority with civil court powers for statewide appeals by associations. Timely enforcement of these measures is expected to enhance buyer confidence, improve governance, and mitigate prolonged legal uncertainties in apartment projects across Karnataka.
