Are you the proud owner of a flat? Congratulations! But are
you aware of your rights and duties?
Read the Karnataka Ownership of Flats Act promulgated
in 1972.
Be sure about regulations regarding ownership of flats.
Know your rights and duties with regard to construction,
management and transfer of flats.
Rights of an apartment owner
Apartment owners are entitled to the exclusive ownership
and possession of their apartment.
The owner should execute a declaration submitting his
apartment to the provisions of the Flats Act.
The percentage of the undivided interest of each apartment
owner in the common areas and facilities as expressed in
the Deed of Apartments will have a permanent character.
It cannot be altered without the consent of all of the apartment
owners.
The Association of Apartment Owners has access to each
apartment from time to time during reasonable hours as may
be necessary for maintenance and repair.
However, no apartment owner will do any work which would
jeopardize the safety of the building. He is not authorized
to add to or delete any portion of the structure without
the unanimous consent of all the other apartment owners.
Contents of the Declaration
Description of the land on which the building were to
be located, stating the number of floors, materials involved
in the construction, approximate area, number of rooms,
etc.
Value of the property and apartment, percentage of undivided
interests in the common area and facilities.
A certified copy of the declaration and Deed of Apartment
will be sent to the registrar of the sub district registrar
concerned.
The administration of every property will be governed
by byelaws, a copy of which should be annexed to the declaration.
No amendment made to the byelaw will be valid unless set
forth in an amendment to the declaration.
Transactions concerning a plot or flat
Copies of the documents to be given to the purchaser.
All documents of title relating to the land on which the
flats have been constructed.
Specifications of the building.
List of fixtures, fittings and amenities.
A certificate by an advocate to the effect that he has
investigated the title of the said property and was convinced
that the title of the vendor was clear and free from claims.
Agreement
The promoter shall enter into a written agreement of sale
with the intending purchaser before accepting any sum of
money as advance.
The agreement should mention the date of handing over
the possession of the flat, the price of the flat,
including the proportionate price of common areas and
facilities, the intervals at which the instalments of
prices have to be paid.
Builders-cum-promoters should enclose copies of vital
documents, like land records, encumbrance certificates,
no objection certificates while signing construction
agreements with buyers.
The builders should register important documents like
the Deed of Apartments essential for registration
of an Apartment Owners' Association.
