The Odisha government on Friday issued a special order to facilitate the registration of apartment units in projects that were completed before the implementation of the Real Estate (Regulation and Development) Act (RERA) on October 5, 2016.
Minister's Statement
Housing and Urban Development Minister Krushna Chandra Mahapatra stated that the move is aimed at addressing the long-pending registration issues faced by buyers and stakeholders in old apartment projects. The order, published in the extraordinary issue of the Odisha Gazette, provides a clear legal framework to overcome historical documentation and compliance bottlenecks.
Background
The minister noted that a large number of apartment buyers in pre-RERA projects continue to face difficulty in registering deeds of transfer, despite the enactment of the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) to bring greater transparency and efficiency in apartment ownership and management.
A special order issued on December 3 last year provided relief to individual allottees, but apartments retained by promoters and landowners remained outside its ambit, officials said.
New Exemption Mechanism
“To address this issue, the government has exercised its powers under Section 35 of the OAOM Act, 2023 and introduced a special exemption mechanism for eligible projects, thereby enabling the registration of such apartments and clearing legacy cases,” the minister said.
Under the special order issued on Friday, the relaxation will be applicable only to apartments in projects completed before October 5, 2016. The benefit shall be available only where at least 50% of the apartment units in the project were already transferred through registered sale deeds on or before the RERA cut-off date.
Conditions and Requirements
Government officials said that in addition, the apartments proposed for registration must form part of the building plan duly approved by the competent authority under the Odisha Development Authorities (ODA) Act, 1982 or the Odisha Town Planning and Improvement Trust Act, 1956.
“To ensure transparency and safeguard the interests of buyers, the promoters or landowners will be required to prominently display the approved building plan within the project premises. Prior to the registration of the first sale deed of any remaining unsold apartment, a No Objection Certificate (NOC) must be obtained from the Association of Allottees certifying the correctness of apartment number as reflected in the approved plan,” an officer from the Housing and Urban Development Department said.
According to the order, any apartment association or society constituted under previous laws before the commencement of the OAOM Act, 2023 shall be recognized only after adopting bye-laws in accordance with Section 15 of the same Act.
