Kerala Government Orders Strict Enforcement of Apartment Ownership Act After High Court Intervention

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Kerala Government Orders Strict Enforcement of Apartment Ownership Act After High Court Intervention

Kochi: In a significant move to protect the rights of apartment owners across Kerala, the state government has issued a directive to ensure the stringent implementation of the Kerala Apartment Ownership Act, 1983. The order comes after a Public Interest Litigation (PIL) in the High Court of Kerala highlighted a decades-long gap in the enforcement of the law.

For years, apartment owners in the state faced uncertainty due to the non-implementation of the 1983 Act, a situation the government itself has now described as a "serious lacuna". This gap allowed real estate promoters to evade certain statutory obligations, leaving homebuyers without crucial legal protections.

The turning point came with a Public Interest Litigation, Ananda Padmanabhan v. State of Kerala & Ors. (WP(C) No. 15166 of 2024), filed before the High Court. The litigation sought to enforce a key provision under the Kerala Real Estate (Regulation and Development) Rules, 2018. Specifically, it focused on Clause 20 of Annexure A, the standard "Agreement for Sale," which contractually binds a promoter to ensure the project complies with the Kerala Apartment Ownership Act, 1983.

In an interim order dated December 10, 2024, the High Court directed the Secretary of the Department of Housing to examine the issue and issue necessary instructions for the strict compliance of Clause 20. The court noted that since the rule was already in force, the government should have enforced it without waiting for judicial direction.

Following the court's directive, a perceived delay in action led to the issuance of a legal notice warning of contempt of court proceedings against the Principal Secretary of Housing. The notice, dated April 1, 2025, highlighted the failure to issue the necessary instructions within the timeframe stipulated by the High Court.

In response to these developments, the Kerala Government issued

Order G.O.(Ms) No.6/2025/HSG on July 27, 2025. The order explicitly directs the Chairman of the Kerala Real Estate Regulatory Authority (KRERA) to "take all necessary steps to ensure that Clause 20 of Annexure A under the Kerala Real Estate (Regulation and Development) Rules 2018 is strictly complied by all the registered Promoters of the Apartment Buildings".

This government directive is a critical step towards rectifying a four-decade-old issue and is expected to provide greater security and clearer legal rights for thousands of apartment owners in the state.



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