BHUBANESWAR: The Odisha government has issued a special order granting exemptions to facilitate the registration of sale deeds for apartments in certain projects completed before the implementation of the Real Estate (Regulation and Development) Act, 2016.
The move is expected to provide relief to homebuyers as well as promoters and landowners facing procedural hurdles.
The Housing and Urban Development Department issued the order under Section 35 of the Odisha Apartment (Ownership and Management) Act, 2023, which empowers the government to grant exemptions in specific cases.
According to the notification, the Odisha Apartment (Ownership and Management) Act, 2023, was enacted to simplify and strengthen laws relating to apartment ownership and management in the state. However, the government observed that apartment owners who had purchased units before the commencement of the Real Estate (Regulation and Development) Act on October 5, 2016, were encountering difficulties in registering transfer deeds because of compliance and documentation requirements.
To address these concerns, the government had earlier issued a special order in December 2025 to provide relief to allottees. While that measure benefited apartment buyers, similar categories of apartments completed before October 5, 2016, and owned by promoters or landowners continued to face challenges in completing registrations in favour of homebuyers.
Under the latest order, the exemption will apply only to apartments completed before October 5, 2016. It will also be limited to projects in which at least 50% of the apartment units have already been transferred to allottees through registered sale deeds on or before that date.
The notification further stipulates that apartments proposed for registration must form part of the original building plan approved by the competent authority under the Odisha Development Authorities Act, 1982, or the Odisha Town Planning and Improvement Trust Act, 1956.
As part of the conditions, promoters or landowners will be required to display the approved building plan at a conspicuous location within the project premises and obtain a No Objection Certificate (NOC) from the Association of Allottees before the registration of the first sale deed of the remaining unsold apartments. The NOC must confirm the correctness of the number of apartments shown in the approved plan.
The government has also mandated that promoters or landowners submit an undertaking to the registering authorities confirming compliance with all specified conditions.
The order clarifies that any association of allottees or society formed under another law before the commencement of the Odisha Apartment (Ownership and Management) Act, 2023, will be considered valid only after adopting bye-laws in accordance with the provisions of the Act.
At the same time, the notification makes it clear that the exemption should not be interpreted as condoning any violations of building regulations, and any such violations will continue to attract action under applicable laws.
The special order is expected to streamline the registration process for eligible pre-RERA apartment projects while ensuring compliance with the state’s apartment ownership and management framework.
