Harmonizing Apartment Ownership in Kerala: High Court Pushes for Strict Compliance with RERA and State Laws
The legal landscape for apartment ownership in Kerala is undergoing a significant transformation as the High Court of Kerala intensifies its oversight of the implementation of the Kerala Apartment Ownership Act (KAOA), 1983, in conjunction with the Real Estate (Regulation and Development) Act (RERA), 2016. Recent judicial directions have set the stage for a more transparent and accountable real estate sector in the state. Judicial Oversight and the Call for Accountability In a pivotal order dated February 4, 2026, a Division Bench of the High Court, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., directed the Kerala Real Estate Regulatory Authority (K-RERA) to file a formal affidavit. This affidavit must detail the concrete steps taken by the authority to implement the government’s mandates regarding the Kerala Apartment Ownership Act, 1983. The court's demand for a "formal affidavit" within a fortnight underscores its commitment to ensuring that administ...