Quick Answer
The Kerala Apartment Ownership Act is a landmark legislation that provides for the ownership rights of an individual apartment within a building. It also allows one to make such an apartment heritable and deems it qualified as transferable property.
This legislation has genuinely shaped the market for apartment ownership in Kerala into what we know today. The act prompts accountability, transparency, and fairness in all aspects of apartment ownership.
Apartment buyers in Kerala now feel empowered to purchase and pass on their properties. The act aimed to extend a reliable framework for the state’s management and ownership of apartments.
This blog shall discuss the scope of the Kerala Apartment Ownership Act 1983, its implications, eligibility criteria for registration and the rights of homeowners. We’ve compiled everything you need to know about this pivotal act, defining history!
Specifics of the Kerala Apartment Ownership Act 1983
The Kerala Apartment Ownership Act 1983 applies across Kerala to all apartments, including those built before the act was enforced. It grants each owner full ownership of their unit and shared ownership of common areas like lobbies and lifts. Developers must execute a Deed of Declaration containing the apartment's boundaries, area, and description.
What the Kerala Apartment Ownership Act 1983 Covers:
- Covers all apartments statewide, regardless of when they were built
- Each owner has independent ownership of their apartment
- Shared ownership of common areas (lobbies, lifts, corridors, etc.)
- Defines key terms: apartment, owner, bylaws, common areas, and more
- Registration of the apartment under this act is mandatory
- Developer must submit a Deed of Declaration with property details
- Includes provisions for society management and administration
Eligibility Criteria for Registration under the Kerala Apartment Ownership Act 1983
Registering under the Kerala Apartment Ownership Act requires specific essential criteria.
Points of eligibility which apply to the developer:
- Must Be a Legal Entity: The developer must be a legal entity. It can be a partnership firm, company, or individual.
- Ownership of Land: The developer is required to own the land on which the apartment is constructed.
- Approved Building Plan: The developer must present a local authority-approved building plan.
- Completion Certificate: The developer must obtain a completion certificate from the local authority.
Essential points of eligibility that apply to apartment owners in Kerala:
- Must be an Indian Citizen: The apartment owner is required to be a citizen of India or be a person of Indian origin.
- Age: The concerned apartment owner must be at least 18 years old.
- Mentally Sound: The apartment owner is required to be mentally sound.
- Purchase Agreement: The apartment owner should enter into a purchase agreement with the apartment developer.
Documents Required for Registration under the Kerala Apartment Ownership Act 1983
Here are the documents required for registration under the Kerala Apartment Ownership Act 1983:
- Deed of Declaration: The Deed of Declaration describes the apartment and common areas. It is executed by the developer.
- Title Deed: It serves as proof of the entitled developer’s ownership of the land.
- Approved Building Plan: Copy of the approved building plan to ensure compliance with building regulations.
- Completion Certificate: A copy of the completion certificate certifies the completion of building construction.
- Purchase Agreement: A copy of the purchase agreement between the apartment owner and developer. This document protects the interests of both the buyer and seller.
- Identity Proof: Identity proof documents of the apartment owner. For example: a passport, PAN or Aadhaar card.
- Address Proof: Address proof of the apartment owner may include bank statements or utility bills.
Rights of Apartment Owners under the Kerala Apartment Ownership Act 1983
Apartment ownership laws in Kerala have granted citizens more power over their property. Here are the rights that apartment owners in Kerala can exercise under the Kerala Apartment Ownership Act 1983:
Right to Common Areas & Shared Facilities:
Apartment owners in Kerala are granted the right to access common areas, including stairways, corridors, lobbies, and other community amenities like gyms, swimming pools, and community halls. Parking lots, water supply instruments and elevators are also open for free use.
Right to Decision-making & Voting:
Apartment owners reserve the right to vote and be part of decision-making when the meetings for the association are held. Decisions regarding the maintenance of public and common areas shall be made by them in unison.
Right to Information:
Apartment owners shall have the right to access information, including notices and decisions around management/maintenance of common facilities/areas.
Right to Dispute Resolution:
Under the act, Apartment owners have the right to dispute resolution. They can opt for arbitration, mediation or litigation. One may also approach the registrar for dispute resolution purposes.
Right to Protection of Property:
Apartment owners have the right to protect their own property and are entitled to compensation in case of damage caused by another.
Right to Transfer Apartment Ownership:
Apartment owners in Kerala are granted the right to transfer ownership of the apartment to others if they deem it necessary. They can even give the apartment to somebody, legally.
Apartment Owners Association Rules and Regulations Kerala
Under the Kerala Apartment Ownership Act 1983, every registered apartment complex must form an Association of Apartment Owners to manage the building collectively. The association operates through bylaws that govern day-to-day functioning, maintenance, and dispute resolution.
- All apartment owners are automatically members of the association
- Owners have the right to vote and participate in association meetings
- Decisions on common area maintenance are made collectively
- Association is responsible for collecting maintenance fees and managing shared expenses
- Owners can access all notices, decisions, and financial records of the association
- Disputes between owners or with the developer can be resolved through the association via arbitration, mediation, or the Registrar
- No owner can be denied access to common areas or shared facilities
The Bottom Line
The Kerala Apartment Ownership Act 1983 is an important legislation that extends a comprehensive framework for the management and ownership of apartments in Kerala. It protects the rights of apartment owners in Kerala and offers numerous other benefits. From granting the right to common areas and facilities to the right to transfer property – the act benefited apartment owners greatly.
There is also a guaranteed scope of dispute resolution, ultimately aimed at embodying fairness, transparency and accountability within Kerala’s apartment ownership sector.
Check out these related pages to know more:
Simplifies Apartment Management for Kerala Housing Societies with NoBrokerHood
NoBrokerHood's Apartment Management System helps apartment owners associations in Kerala operate in full compliance with the Kerala Apartment Ownership Act 1983 by digitising governance, maintaining transparent financial records, and ensuring smooth management of common areas and shared facilities - empowering residents and committees alike.
| NoBrokerHood Feature | How It Helps Under Kerala Apartment Ownership Act 1983 |
|---|---|
| Residents & Apartments Management | Maintains a complete digital record of all apartment owners, tenants, and occupants in the building |
| Accounting & Billing Solution | Ensures transparent maintenance collection, expense tracking, and audit-ready financial reports for the association |
| Complaint Management | Allows apartment owners to raise and track issues related to common areas, facilities, and maintenance |
| Communication Management | Sends meeting notices, voting updates, and important decisions digitally to all apartment owners |
| Amenities Management | Manages booking and fair usage of shared facilities like gyms, community halls, and parking as per the Act |
| Visitor Management System | Controls and monitors access to common areas and building entry points for enhanced security |
| Admin App | Gives the apartment owners association real-time oversight of operations, compliance tasks, and member requests |
All Solutions by NoBrokerHood:
