A Guide to Kerala Apartment Ownership Act 1983

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 covers the entire state of Kerala. It applies to all apartments, including ones constructed before the act was enforced. This act describes the apartment as part of the property open to independent use. Each apartment owner is entitled to complete ownership of their respective apartment. They also have shared ownership over common areas within a building, including lobbies, lifts, etc.

The short title for the Act is “Kerala Apartment Ownership Act 1983” while the long form expands to read “State of Kerala”. Further, the act establishes definitions of terms like an apartment, apartment owner, apartment number, an association of apartment owners, building, bylaws, common areas of facilities, expenses, competent authority, declaration, housing board, housing commission, and more.

Your apartment must be registered under this act. However, the developer is required to execute a “Deed of Declaration.” This deed will contain details regarding the apartment, including its boundaries, the area it covers, and a description. 

Further, the act states various key provisions for the apartment owner alongside other implications. Finally, there are also provisions made for 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:

1. Must Be a Legal Entity: The developer must be a legal entity. It can be a partnership firm, company, or individual.
2. Ownership of Land: The developer is required to own the land on which the apartment is constructed.
3. Approved Building Plan: The developer must present a local authority-approved building plan.
4. Completion Certificate: The developer must obtain a completion certificate from the local authority.

Essential points of eligibility that apply to apartment owners in Kerala:

1. Must be an Indian Citizen: The apartment owner is required to be a citizen of India or be a person of Indian origin.
2. Age: The concerned apartment owner must be at least 18 years old.
3. Mentally Sound: The apartment owner is required to be mentally sound.
4. 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: 

1. Deed of Declaration: The Deed of Declaration describes the apartment and common areas. It is executed by the developer.
2. Title Deed: It serves as proof of the entitled developer’s ownership of the land.
3. Approved Building Plan: Copy of the approved building plan to ensure compliance with building regulations.
4. Completion Certificate: A copy of the completion certificate certifies the completion of building construction.
5. 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.
6. Identity Proof: Identity proof documents of the apartment owner. For example: a passport, PAN or Aadhaar card.
7. 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 gift the apartment to somebody, legally.

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.

Also Read: Societies Registration Act 1860

Frequently Asked Questions

1. What documents should I provide as address proof for registration under the Kerala Apartment Ownership Act 1983?

Address proof of the apartment owner shall comprise bank statements, telephone bills or utility bills. 

2. Is there a dispute resolution mechanism as a provision of the Kerala Apartment Ownership Act 1983?

Yes, there is a dispute resolution mechanism as part of the provisions of the Kerala Apartment Ownership Act 1983. So, apartment owners can look forward to the resolution of the dispute with the developer, the association, etc.

3. Can lifts be categorised under “common areas” according to the provisions of the Kerala Apartment Ownership Act 1983?

Yes, lifts are categorised under “common areas” according to the Act.