Deed of declaration and the Karnataka Apartment Ownership Act

8.7.1 What is a deed of declaration in Karnataka?

A deed of declaration is the instrument that brings an apartment property under the Karnataka Apartment Ownership Act, 1972 (Karnataka Act 17 of 1973). Section 3(j) of the Act defines the “Declaration” as “the instrument by which the property is submitted to the provisions of this Act”. The Act came into force on 1 April 1975, under notification FD 28 KHB 75 dated 6 March 1975. Section 2 sets the key condition. The Act “applies only to property” whose sole owner or all owners submit it “by duly executing and registering a Declaration”. A proviso adds that the property must be mainly used, or proposed to be used, for residential purposes. Section 3(e) sets a minimum size: one building with four or more apartments. Two or more buildings also count if each has two or more apartments and the total is four or more. So the 1972 Act does not apply to a project on its own. If no declaration is registered, the Act’s rules on shares, bye-laws and the association do not apply to your project.

A registered declaration has three effects that matter to a flat buyer. Section 4 makes each apartment, with its share in the common areas, heritable and transferable immovable property. Section 9(1) says that, after the declaration is recorded, no encumbrance can arise against the property as a whole. A charge can then attach only to each apartment and its share. Section 13(5) says that every buyer is deemed to have notice of the declaration from the date of its registration.

Point	Karnataka Apartment Ownership Act, 1972	Section
What the declaration is	The instrument that submits the property to the Act	3(j)
When the Act applies	Only after the owner or all owners execute and register a declaration	2
Use	Mainly residential, now or as proposed	2, proviso
Minimum size	Four or more apartments in one building, or in two or more buildings of at least two each	3(e)
In force from	1 April 1975 (notification FD 28 KHB 75)	1(3)

8.7.2 Who executes and registers the deed of declaration?

The owner of the property executes the deed of declaration, and it is registered under the Registration Act, 1908. Section 2 of the 1972 Act names “the sole owner or all of the owners” of the property as the persons who submit it. Section 5(2) adds that each apartment owner executes a declaration that submits the apartment to the Act. Each owner also executes a Deed of Apartment for the flat “in the manner prescribed”. Section 13(1) says that the declaration, every amendment, each Deed of Apartment and the floor plans are registered under the Registration Act, 1908. Section 13(2) requires the floor plans to be filed with the declaration. They must show the layout, location, apartment numbers and dimensions of each apartment. An architect must certify that they match the plans approved by the local authority. If the filed plans do not show the building as built, an amendment is recorded before the first conveyance. It carries a new architect’s certificate.

Section 13(3) requires every registration office to keep a “Register of Declarations and Deeds of Apartments” under the Act. Section 13(4) makes the Manager or Board of Managers send a certified copy of the declaration and each Deed of Apartment to the Sub-Registrar. Section 11(2) adds a filing step. A true copy of the declaration and the bye-laws goes to the “competent authority”. Section 3(i) names that authority as the Registrar of Co-operative Societies, or the Housing Board Secretary for a Housing Board building. Sachi’s reading: the Act does not make the builder execute a declaration, and sets no deadline. In a new project, the builder and any landowner hold the title before sales, so ask them in writing. Sachi did not open the rules made under section 25 of the Act, so the prescribed form and fee are not covered here.

Step	Who acts	Section
Execute the declaration	Sole owner or all owners of the property	2, 5(2)
Attach floor plans with an architect’s certificate	The person who files the declaration	13(2)
Register the declaration, Deeds of Apartment and floor plans	Sub-Registrar, under the Registration Act, 1908	13(1), 13(5)
Send certified copies to the Sub-Registrar	Manager or Board of Managers	13(4)
File a copy of the declaration and bye-laws	Competent authority (Registrar of Co-operative Societies)	11(2), 3(i)

8.7.3 What must a deed of declaration contain?

Section 11(1) of the Karnataka Apartment Ownership Act, 1972 lists eleven particulars that a deed of declaration must contain, from clause (a) to clause (k). It starts with the land: a description, and whether the land is freehold or leasehold. Then it describes the building: the number of storeys and basements, the number of apartments and the principal materials. For each apartment, it gives the apartment number, location, approximate area and number of rooms. It also names the immediate common area to which the apartment has access. It describes the common areas and facilities, and any limited common areas reserved for certain apartments. Clause (f) is the one that buyers must read with care. It states the value of the property and of each apartment, and each apartment’s percentage share in the common areas. That percentage applies “for all purposes, including voting”. Clause (f) also needs a statement that each apartment and its share are not encumbered on the date of the declaration.

The share in clause (f) follows value under section 6(1), and section 6(2) makes it permanent unless all owners agree. The undivided share of land guide explains this formula. Section 12 then sets out the Deed of Apartment for each flat. It must quote the date and serial number of the declaration’s registration, the apartment number, its permitted use and its percentage share.

Clause of section 11(1)	What the declaration states
(a)	Description of the land, and whether it is freehold or leasehold
(b)	The building: storeys, basements, number of apartments, principal materials
(c)	Each apartment: number, location, approximate area, rooms, common area it opens to
(d), (e)	Common areas and facilities, and limited common areas with the apartments that use them
(f)	Value of the property and each apartment, the percentage share for all purposes including voting, and a no-encumbrance statement
(g)	Permitted use of the building and each apartment
(h)	A person to receive legal notices, with an address in the same city, town or village
(i)	The percentage of votes needed to rebuild, repair, restore or sell after damage
(j), (k)	Other details, and the method to amend the declaration

8.7.4 What do the bye-laws and the association of apartment owners do?

The bye-laws are the rule book of the association of apartment owners, and the declaration carries them. Section 16(1) of the 1972 Act says that bye-laws govern the administration of every property. A true copy is annexed to the declaration. A change to the bye-laws is valid only in an amendment to the declaration. That amendment must be recorded and filed with the competent authority. Section 3(d) defines the “association of apartment owners” as all of the apartment owners acting as a group under the bye-laws and the declaration. So under this Act, the association is the owners themselves, and the declaration is its base document. Section 16(2) lists what the bye-laws must cover. The first item is the election of a Board of Managers from among the owners. At least one-third of the Board’s members must have terms that expire each year. The bye-laws must also cover the election of a President, a Secretary who keeps a minute book and a Treasurer who keeps the accounts.

Section 24 makes the Act, the declaration and the bye-laws bind owners, tenants and anyone else who uses the property. Section 14 lets all the apartment owners remove a property from the Act by an executed instrument. The holders of all charges on the apartments must consent, or agree that their charges move to each owner’s share.

Section 16(2) clause	The bye-laws must provide for
(a)	A Board of Managers elected from the owners, with at least one-third of terms expiring each year, and its powers
(b)	How owners’ meetings are called, and the quorum if it is not a majority
(c), (d), (e)	Election of a President, a Secretary (minute book) and a Treasurer (accounts)
(f), (g)	Maintenance and repair of common areas, and how owners’ shares of common expenses are collected
(h), (i), (j)	Maintenance staff, rules for using common areas, and restrictions on use
(k)	The percentage of votes needed to amend the bye-laws

8.7.5 How does a deed of declaration link to RERA?

The RERA Act, 2016 does not require a deed of declaration, but it points to state law for the association. Section 11(4)(e) makes the builder “enable the formation of an association or society or co-operative society” of the allottees “under the laws applicable”. The proviso sets a fallback for places with no local law. The association must then be formed within three months of a majority of allottees booking. Rule 2(1)(b) of the Karnataka RERA Rules, 2017 defines an association of allottees. It is a collective “registered under any law for the time being in force”. So in Karnataka, an association can register under the 1972 Act through a declaration, or under another law. Section 19(9) of the RERA Act makes every allottee take part in forming it. Section 17(1) then makes the builder give “the undivided proportionate title in the common areas” to the association. Section 17(2) makes the builder hand over documents, plans and the common areas after the OC and possession. The khata transfer guide covers this handover list.

Do not confuse the two declarations. Section 4(2)(l) of the RERA Act needs a builder’s declaration, supported by an affidavit, at project registration. Rule 3(4) of the Karnataka RERA Rules puts it in Form-B. It covers title, encumbrances and the completion date. It does not submit the property to the 1972 Act.

Duty	What the law says	Source
Form the association	Builder enables it under the laws applicable. If no local law applies, within three months of majority booking	RERA Act, 11(4)(e)
What counts as an association	A collective registered under any law in force	Karnataka RERA Rules, 2(1)(b)
Every buyer takes part	Duty of each allottee	RERA Act, 19(9)
Title to common areas	Undivided proportionate title goes to the association	RERA Act, 11(4)(f), 17(1)
Documents and common areas	Handed over after the OC and possession	RERA Act, 17(2)
RERA declaration	Builder’s affidavit in Form-B at registration, which is a different document	RERA Act, 4(2)(l), and Karnataka RERA Rules, 3(4)

8.7.6 Does Karnataka have a newer apartment ownership law?

Karnataka has a Bill, not yet a law in force. The Karnataka Legislative Council website hosts the Karnataka Apartment (Ownership and Management) Bill, 2026, LA Bill No. 14 of 2026. The copy is marked “As passed by the Karnataka Legislative Assembly”. Clause 1(2) says it comes into force only on a date that the State Government notifies. Clause 66 would repeal two laws. One is the Karnataka Apartment Ownership Act, 1972. The other is the Karnataka Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972. Clause 1(3) would apply it to projects with more than eight apartments. The Bill changes who acts. Clause 13(1) makes the promoter submit a declaration to the competent authority within sixty days of the Occupancy Certificate. Clause 14 lists its contents, which add the sanctioned plan and each apartment’s carpet area. Clause 21(5) requires a single registered association for each project. As news, Deccan Herald reported on 10 September 2026 that the Governor returned the Bill to the state government and asked for clarifications.

The same news report quotes Tushar Girinath of the Urban Development Department. He said the Governor only sought clarity and did not return the Bills in their entirety. Sachi did not find an Act number or a commencement notification for this Bill on an official site on 11 October 2026. So the Bill is not in force, and the 1972 Act still applies. The undivided share of land guide covers how the Bill would change each owner’s share.

Point	1972 Act (in force)	2026 Bill (not in force)
Who submits the declaration	Sole owner or all owners (section 2)	The promoter (clause 13(1))
Deadline	None stated	Sixty days from the Occupancy Certificate (clause 13(1))
Filed with	Sub-Registrar, plus a copy to the Registrar of Co-operative Societies (sections 13, 11(2), 3(i))	Competent authority under the Bill (clause 13)
Association	All apartment owners under the bye-laws (section 3(d))	One registered association per project. The promoter facilitates it within three months of majority allotment (clause 21)
Penalty on the promoter	None stated	Up to ₹1 lakh, plus up to ₹1,000 a day if the failure continues (clause 52(1))

Sachi reads K-RERA filings for Bangalore projects. To check a project’s approvals and OC status before you ask about its declaration, Ask Sachi.