The Odisha government has introduced a Special Order to address long-standing registration issues for apartment owners, landowners, and promoters in housing projects completed before the Real Estate (Regulation and Development) Act (RERA) came into effect on October 5, 2016. Announcing the decision, Housing and Urban Development Minister Krushna Chandra Mahapatra stated that the move aims to resolve persistent registration challenges faced by buyers and stakeholders in older apartment projects.
Legal Framework and Background
According to an official release, the Special Order, published in the Extraordinary Issue of the Odisha Gazette, provides a clear legal framework to overcome historical documentation and compliance bottlenecks that have prevented the registration of many apartment units. While the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was introduced to improve transparency and efficiency, buyers in pre-RERA projects continued to face difficulties in registering transfer deeds.
A previous Special Order issued on December 3, 2025, provided relief to individual allottees but did not cover apartments retained by promoters and landowners. To address this gap, the government invoked powers under Section 35 of the OAOM Act, 2023, introducing a special exemption mechanism for eligible projects. This enables registration of such apartments and helps clear long-pending legacy cases.
Eligibility Criteria for Relief
The relaxation applies only to apartment projects completed before October 5, 2016, the RERA implementation date. To qualify, at least 50% of the apartment units in a project must have been transferred through registered sale deeds on or before the RERA cut-off date. Additionally, the apartment proposed for registration must be part of a building plan approved by the competent authority under the Odisha Development Authorities Act, 1982, or the Odisha Town Planning and Improvement Trust Act, 1956.
Conditions for Registration
To ensure transparency and protect buyers' interests, promoters or landowners must prominently display the approved building plan within the project premises. Before the first sale deed of any remaining unsold apartment is registered, a No Objection Certificate (NOC) must be obtained from the Association of Allottees certifying that the apartment numbering matches the approved plan. An undertaking confirming compliance with all eligibility conditions must also be submitted before the registering authority.
The order also states that any apartment association or society formed under previous laws before the OAOM Act, 2023 came into force will be recognized only after adopting bye-laws in accordance with Section 15 of the Act.
Important Clarifications
Minister Mahapatra clarified that the exemption is intended solely to facilitate registration of genuine apartments and should not be interpreted as a regularization of unauthorized constructions. Any violation of building regulations will continue to attract action under applicable laws. To safeguard the rights of apartment owners, every sale deed executed under the Special Order must include the transfer of the allottee's proportionate undivided interest in common areas and facilities. The title over such common areas and facilities will vest in the Association of Allottees as provided under the Odisha Apartment (Ownership and Management) Act, 2023.
The Special Order, issued by order of the Governor and notified by Additional Chief Secretary Usha Padhee, is expected to help resolve long-pending property registration issues and strengthen urban housing governance in Odisha.
