THEBUSINESSBYTES BUREAU

BHUBANESWAR, JUNE 12, 2026

In a major relief for homebuyers, landowners and promoters across Odisha, the State Government has issued a Special Order to facilitate the registration of apartment units in projects completed before the implementation of the Real Estate (Regulation and Development) Act (RERA) on October 5, 2016.

Announcing the decision, Housing and Urban Development Minister Dr. Krushna Chandra Mahapatra said the initiative is aimed at resolving long-pending registration issues affecting buyers and stakeholders in older apartment projects. Published in the Extraordinary Issue of the Odisha Gazette, the Special Order establishes a clear legal framework to address historical documentation and compliance hurdles that have prevented the registration of numerous apartment units.

The Minister noted that while the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was enacted to enhance transparency and efficiency in apartment ownership and management, a large number of purchasers in pre-RERA projects continued to face challenges in registering deeds of transfer. Although a Special Order issued on December 3, 2025 provided relief to individual allottees, apartments retained by promoters and landowners were not covered under its provisions.

To bridge this gap, the Government has exercised its powers under Section 35 of the OAOM Act, 2023 and introduced a special exemption mechanism for eligible projects. The move is expected to facilitate the registration of such apartments and help clear long-pending legacy cases.

Under the Special Order, the relaxation will apply exclusively to apartments in projects completed before October 5, 2016. The benefit will be available only where at least 50 per cent of the apartment units had already been transferred through registered sale deeds before the RERA cut-off date. Additionally, the apartment proposed for registration must be part of a building plan duly 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 safeguard the interests of buyers, promoters or landowners will be required to prominently display the approved building plan within the project premises. Before the registration of the first sale deed for any remaining unsold apartment, a No Objection Certificate (NOC) must be obtained from the Association of Allottees, certifying the correctness of apartment numbering as reflected in the approved plan. An undertaking confirming compliance with all eligibility conditions must also be submitted to the Registering Authority.

The Order further stipulates that any apartment association or society constituted under previous laws before the commencement of the OAOM Act, 2023 will be recognized only after adopting bye-laws in accordance with Section 15 of the Act.

Dr. Mahapatra emphasized that the exemption is intended solely to facilitate the registration of genuine apartments and should not be interpreted as a regularization of unauthorized constructions. Violations of building regulations will continue to attract action under the applicable laws.

To protect the rights of apartment owners and preserve community ownership of shared assets, every sale deed executed under the Special Order must explicitly provide for the transfer of the allottee’s proportionate undivided interest in common areas and facilities. Ownership of such common areas and facilities will vest with the Association of Allottees in accordance with the provisions of the OAOM Act, 2023.

Issued by order of the Governor and notified by Additional Chief Secretary Usha Padhee, the Special Order marks a significant step towards resolving long-pending property registration issues while strengthening urban housing governance and legal certainty for apartment owners across Odisha.