Row House and Villa RERA Framework in Bangalore

What RERA Framework Applies to Row House and Villa Projects in Bangalore and How Does It Differ From Apartment RERA?

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore developer develops a row house or villa project -- an array of independent or semi-independent residential units on individual plots within a gated community, each with its own ground-floor footprint, garden and sometimes a private parking driveway -- the RERA registration covers the entire project as a real estate development but the specific RERA framework differs from standard apartment RERA in critical ways: each row house or villa is on an individual plot with a separate registered sale deed and UDS calculation is not applicable, the common areas are community infrastructure (roads, clubhouse, security) rather than building common areas and the RERA specification delivery includes both the individual unit's construction and the community infrastructure.

How Is Row House or Villa RERA Different From Apartment RERA?

The fundamental difference is the ownership structure. In an apartment project, each buyer owns a flat (the super-built-up area) plus an undivided share in the land and common areas -- all within a single building governed by the KAOA. In a row house or villa project, each buyer owns an individual plot with a constructed unit on it -- a complete independent property with its own land parcel. The buyer receives a registered sale deed for the individual plot and the constructed unit, not an undivided share in a collective land holding.

The RERA specification for a row house or villa project has two distinct components: the individual unit specification (the construction quality, the carpet area, the floor plan and the fittings of each row house or villa) and the community infrastructure specification (the internal roads, the perimeter boundary wall, the security cabin, the clubhouse, the swimming pool and other common amenities). Both components are RERA-enforceable -- a developer who delivers the individual unit but fails to complete the community infrastructure has a RERA specification deviation for the incomplete infrastructure.

What Specific RERA Checks Apply to Row House or Villa Project Buyers?

Step 1: Confirm the K-RERA project registration covers the entire row house or villa project -- including the individual units and the community infrastructure specifications.

Step 2: Confirm the individual unit specification -- the floor plan, the carpet area, the construction quality and the fittings -- in the K-RERA registration and the sale agreement.

Step 3: Confirm the community infrastructure specification -- the internal roads' width and surface type, the perimeter wall, the security provisions and all common amenities -- in the K-RERA registration.

Step 4: Confirm the BDA or BBMP layout plan approval for the row house or villa development -- the individual plots must be in an approved layout.

Step 5: Confirm the DC conversion for the land if it was agricultural land -- the layout's land must have been converted from agricultural to residential use before development.

Q1. Does RERA apply to row house and villa projects in Bangalore?

Yes -- RERA applies to row house and villa projects that exceed the specified thresholds (built-up area above 500 sq metres or more than 8 units). The developer must register the project with K-RERA before marketing or selling. The RERA protections -- specification enforcement, escrow, delayed possession compensation -- apply to both the individual unit delivery and the community infrastructure delivery.

Q2. What title does a row house or villa buyer receive?

A row house or villa buyer receives a registered sale deed for the individual plot and the constructed unit on it -- a complete individual property. The buyer does not receive an UDS in a joint land holding as in an apartment purchase. The individual plot's registered sale deed gives the buyer complete ownership of the plot and the unit on it.

Q3. How does the UDS concept apply to community infrastructure in a row house project?

In a row house project, the community infrastructure land (internal roads, clubhouse area, park) may be held jointly by all plot owners as an undivided share -- each owner holds a defined UDS in the community infrastructure land. Alternatively, the developer may retain the community infrastructure land and transfer it to the residents' welfare association after the project is complete. The K-RERA registration should specify how the community infrastructure land will be held.

Q4. What is the OC process for a row house or villa project?

For a row house or villa project, the OC may be obtained unit-by-unit as individual units are completed -- rather than a single OC for the entire project as in an apartment building. The layout-level approvals (road completion, drainage, electricity) may be obtained separately from the individual unit OCs. The buyer should confirm the OC for their specific unit and confirm the layout-level infrastructure approvals are in place.

Q5. Can a row house buyer claim delayed possession compensation under RERA?

Yes -- a row house buyer who does not receive possession of their unit within the K-RERA registered completion timeline is entitled to the same delayed possession compensation under RERA Section 18 as a flat buyer -- interest at MCLR plus 2% on the amounts paid. The compensation applies to both the individual unit delivery delay and to any delay in the community infrastructure that makes the development uninhabitable.

Q6. What if the community infrastructure (internal roads, compound wall) is not completed when the unit is handed over?

If the developer hands over individual row house units but the community infrastructure (internal roads, perimeter wall, security) is incomplete, the allottees have a RERA specification deviation claim for the incomplete infrastructure. The K-RERA complaint should specifically identify the community infrastructure items that were specified in the registration but not delivered.

Q7. How are maintenance charges handled in a row house community?

Row house community maintenance charges are typically managed by a residents' welfare association (RWA) formed by the plot owners. The RWA collects monthly maintenance charges for security, road maintenance, garden upkeep and common amenity management. The RWA's bye-laws govern the maintenance charge structure, the collection mechanism and the enforcement process for defaults -- similar to an apartment association but with different governance because each owner has individual land title.

Q8. Can a row house owner extend or modify their unit without association approval?

A row house owner who wants to extend or modify their unit must comply with both the BBMP building plan sanction requirements (for any structural modification) and the community association's bye-laws (which may impose design standards or restrict modifications that affect the neighbourhood's uniformity). An extension that violates the BBMP sanction or the association's bye-laws creates the same legal risks as any unauthorised construction.

Q9. What if the row house layout was not BDA or BBMP approved?

A row house layout that was not approved by BDA or BBMP is an unauthorised layout -- similar to an unauthorised building on an unapproved plot. Buyers of row houses in unauthorised layouts face serious title and regulatory risks -- the units cannot receive OCs, cannot be legally mortgaged and may be subject to demolition. The K-RERA registration alone does not cure an unapproved layout.

Q10. How does Legal Brigade check row house and villa project compliance?

Legal Brigade confirms the K-RERA registration covering both individual unit and community infrastructure specifications, reviews the BDA or BBMP layout plan approval, confirms the DC conversion for agricultural land, checks the individual unit's OC status and reviews the community infrastructure's completion against the RERA specification. Legal Brigade advises on any RERA specification deviation claim for incomplete community infrastructure and on the RWA's governance structure.

Buying a row house or villa in a Bangalore gated community project and uncertain whether the RERA registration covers both the unit and the community infrastructure? Legal Brigade checks the K-RERA status, the layout approval and the community infrastructure specification compliance.

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