East Bengaluru buyer answers

When must a builder hand over the apartment association and common areas in Karnataka?

By , acre&key · Published · Updated

Direct answer: The RERA Act makes the builder help form an association of allottees and, after the occupancy certificate, hand common areas and documents to it. If local law is silent, the association is due within three months of a majority of units being booked, and conveyance within three months of the OC. Get the handover list in writing.

Disclosure: acre&key’s advice is free to buyers; we are an authorised sales partner for some projects and may be paid by the developer.

Verify with your lawyer: This page explains what the RERA Act says, not legal advice. How an association is registered in Karnataka, and the timelines that apply, come from local law. Have your own property lawyer confirm them for your project before the association signs anything.

Once enough flats in a project are sold, the owners need a body that can run the lifts, pay the common power bill, hire security and take the builder to task when something's wrong. That body is the association of allottees. The RERA Act gives the builder (the "promoter" in the Act) specific duties to help form it and to hand the common areas over. Society registration itself still runs under Karnataka's own association law, which we don't quote here. This page sticks to the Act.

What does RERA say about forming the association?

Section 11(4)(e) says the promoter must enable the formation of an association, society or co-operative society of allottees under the laws that apply. A proviso covers the case where there's no local law: the association must then be formed within three months of a majority of allottees having booked their plot, apartment or building in the project (RERA Act, hosted by K-RERA).

So two clocks matter. One is whatever Karnataka's local law sets. The other is the Act's three-month fallback, which applies only where local law is silent. Which one governs your project is a question for your lawyer.

What must the builder convey and hand over?

Section 17(1) has three parts. The promoter must:

  • execute a registered conveyance deed in your favour, along with the undivided proportionate title in the common areas to the association (or the competent authority);
  • hand over physical possession of your flat to you; and
  • hand over the common areas to the association.

All of this is due within the period local law sets. Where local law is silent, conveyance must be done within three months of the date the occupancy certificate is issued. Our page on OC and CC explains why that date matters.

Section 17(2) then covers paperwork. After the OC and physical handover, the promoter must hand the association the necessary documents and plans, including of the common areas. Where local law is silent, that's due within thirty days of the completion certificate.

What does the builder owe owners until the association takes over?

Section 11(4) also says the promoter must:

  • provide and maintain essential services, on reasonable charges, until the association takes over maintenance (s.11(4)(d));
  • pay the outgoings it has collected from allottees until physical possession is transferred, and stay liable for them if it didn't pay (s.11(4)(g));
  • execute the registered conveyance of flats with an undivided share in the common areas, as section 17 provides (s.11(4)(f)).

Parking is a common flashpoint. The Act's definition of common areas includes "open parking areas" (s.2(n)), so the parking layout belongs in any handover inventory.

What documents should the association ask for at handover?

Ask for a written handover pack. At a minimum:

  • Sanctioned plans and as-built drawings (you'll need them for any future alteration)
  • Copies of the OC and completion certificate
  • A list of common assets such as lifts, DG sets, STP, pumps and fire systems, with the status of each maintenance contract
  • The parking layout, showing allotted and unallotted bays
  • Copies of the project insurance policies (section 16 deals with project insurance)
  • Corpus and maintenance account statements
  • Vendor contracts the association will take over or end
  • Keys, passwords and access details for common facilities

If the reply is "we'll give it later", agree a date and send a written reminder from the association's own email ID. Corpus and maintenance deposits are also part of what you paid at purchase; our page on hidden costs beyond the base price lists them.

Where does handover usually stall?

A common way it goes wrong: flats are handed over tower by tower, but the clubhouse, STP or visitor parking stays with the builder, who keeps billing maintenance. Owners argue about it on WhatsApp and nothing moves. What does move things is a dated association resolution that lists the section 17 items still pending and asks for them in writing.

What can owners do if handover is delayed?

Put the request in writing first. Cite sections 11(4) and 17, give the OC date if you have it, and list the missing documents. If that doesn't work, Section 31 lets any aggrieved person complain to Karnataka RERA (K-RERA FAQ). Keep the association's registration proof and a resolution authorising the complaint ready.

Is the association handover the same as my own sale deed?

No. Section 17(1) links your flat's conveyance with the conveyance of common areas to the association, but they're separate. You can hold a registered sale deed for your flat while the association is still chasing common-area documents, so track both. Ask your lawyer to confirm what your deed says about your undivided share. Our page on what to check in the builder's sale agreement covers the clauses to look at before you sign.

A first-month checklist for a new association committee

  1. Note the OC date for each tower.
  2. Where local law is silent, diary the three-month conveyance limit under s.17(1).
  3. Ask for the document pack under s.17(2).
  4. Reconcile the corpus and maintenance ledgers with bank statements.
  5. Walk the site and photograph the parking and common equipment.
  6. Take legal advice before signing any "full and final" handover letter that waives claims.

Frequently asked questions

When must the association be formed under RERA?

Section 11(4)(e) makes the promoter enable formation under the laws that apply. If there's no local law, it's due within three months of a majority of allottees having booked.

When must common areas be conveyed to the association?

Within the period set by local law. If local law is silent, section 17(1) gives three months from the occupancy certificate.

Can the builder keep charging maintenance after the OC?

Section 11(4)(d) makes the promoter provide essential services, on reasonable charges, until the association takes over maintenance. How long that runs in your project is a question for your lawyer and the association.

Do open parking areas go to the association?

The Act lists open parking areas as common areas in section 2(n). Any exclusive rights given in individual agreements still need to be checked against that, so ask for a full parking inventory.

What if the builder never hands over the documents?

Write formally, citing sections 11 and 17. If that fails, the association can authorise a Section 31 complaint to Karnataka RERA.

References

  1. Real Estate (Regulation and Development) Act, 2016, ss. 2(n), 11(4), 16, 17, 31 (copy hosted by K-RERA). https://rera.karnataka.gov.in/resources/staticpage/Real_Estate_Act.pdf, accessed 16 Oct 2026.
  2. Karnataka RERA, FAQs. https://rera.karnataka.gov.in/resources/staticpage/KARNATKA_FAQs.pdf, accessed 16 Oct 2026.
  3. Karnataka RERA portal. https://rera.karnataka.gov.in, accessed 16 Oct 2026.

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