Harmonizing Apartment Ownership in Kerala: High Court Pushes for Strict Compliance with RERA and State Laws

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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 administrative orders are translated into action.

Key Government Mandates and Regulatory Alignment

The court's recent directions are rooted in two critical government orders:

  • G.O.(Ms) No. 6/2025/HSG (July 27, 2025): This order emphasized the effective implementation of the Kerala Apartment Ownership Act, 1983. It specifically directed K-RERA to ensure that all registered promoters strictly comply with the "Agreement for Sale" standard format, as stipulated in Rule 10 of the K-RERA Rules.

  • G.O.(Ms) No. 10/2025/HSG (December 11, 2025): This order concluded that at present, the RERA Act and its associated rules are sufficiently protective of state law, meaning no immediate repeal or major amendment of the 1983 Act is warranted. Instead, the focus has shifted toward robust enforcement of existing provisions.

The Core Conflict: Statutory Repugnancy and Consumer Protection

The ongoing litigation, particularly WP(C) No. 15166 of 2024, was initiated to address potential repugnancy between the state’s 1983 Act and the central RERA Act of 2016. A primary concern has been Section 2 of the Kerala Apartment Ownership Act, which currently requires the "sole owner or all the owners" to register a declaration to make the Act applicable. Advocates for reform argue this allows promoters to evade statutory obligations, and suggest the law should be read to allow "any owner" to submit the property to the Act. 

The Role of Transparency and RTI

The High Court’s latest intervention was partly prompted by information—or a lack thereof—disclosed through the Right to Information (RTI) Act. Discrepancies in communications from K-RERA’s State Public Information Officer led the court to seek further clarification on what the regulatory body has actually achieved in enforcing the new government directives. 

Conclusion

For apartment owners and developers in Kerala, these developments signal a new era of strict adherence to standardized sale agreements and statutory declarations. As K-RERA prepares its report for the High Court, the legal community remains watchful of how these directives will finally resolve the long-standing "unwritten conundrum" of apartment ownership in the state.

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