BHUBANESWAR: In a significant boost for homebuyers, landowners, and promoters in Odisha, the State Government has issued a Special Order aimed at facilitating the registration of apartment units in projects completed before the Real Estate (Regulation and Development) Act (RERA) came into effect on October 5, 2016.
Odisha Housing & Urban Development Minister Krushna Chandra Mahapatra announced this decision, stating it seeks to resolve long-standing registration challenges faced by buyers and other stakeholders in older apartment projects.
According to a press release, “The Special Order, published in the Extraordinary Issue of the Odisha Gazette, establishes a clear legal framework to overcome historical documentation and regulatory hurdles that have hindered the registration of many apartment units.”
While the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was introduced to enhance transparency and efficiency in apartment ownership and management, many purchasers in pre-RERA projects still struggled to register deeds of transfer. A previous order issued on December 3, 2025, had provided relief to individual allottees, but apartments owned by promoters and landowners did not fall under its purview.
To remedy this, the Government has utilized powers under Section 35 of the OAOM Act, 2023, creating a special exemption mechanism for eligible projects, thereby enabling the registration of such apartments and resolving longstanding legacy cases.
Under the Special Order, relaxation applies exclusively to apartments in projects completed before October 5, 2016, and only when at least 50% of the apartment units have been transferred through registered sale deeds as of the RERA cut-off date.
Furthermore, the apartments 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.
To ensure transparency and protect buyer interests, promoters and landowners are required to display the approved building plan prominently within the project premises.
Before registering the first sale deed for any unsold apartments, a No Objection Certificate (NOC) must be secured from the Association of Allottees affirming the accuracy of apartment numbering as per the approved plan. An undertaking verifying compliance with all eligibility criteria must also be submitted to the Registering Authority.
The order states that any apartment association or society established under previous laws before the OAOM Act, 2023, will be recognized only after adopting bye-laws in accordance with Section 15 of the Act.
Mahapatra highlighted that the exemption is intended solely for facilitating the registration of legitimate apartments and should not be seen as a regularization of unauthorized constructions. Violations of building regulations will continue to incur penalties under existing laws.
To protect the rights of apartment owners and maintain community ownership of shared assets, every sale deed executed under this Special Order must explicitly provide for the transfer of the allottee’s proportionate undivided interest in common areas and facilities.
The title to such common areas and facilities will be vested in the Association of Allottees, following the provisions of the Odisha Apartment (Ownership and Management) Act, 2023.
This Special Order, issued by the Governor and notified by Usha Padhee, Additional Chief Secretary to the Government, represents a significant step towards addressing long-standing property registration issues and enhancing urban housing governance in Odisha.
