Bhubaneswar: In a major relief for homebuyers, landowners and real estate promoters, the Odisha Government has introduced a Special Order to streamline the registration of apartment units in projects completed before the implementation of the Real Estate (Regulation and Development) Act (RERA) October 5, 2016.
Announcing the move, Housing and Urban Development Minister Krushna Chandra Mahapatra said the initiative is aimed at resolving long-pending registration hurdles affecting thousands of stakeholders associated with older apartment projects across the state.
The Special Order, notified through the Extraordinary Issue of the Odisha Gazette, establishes a legal mechanism to address documentation gaps and compliance issues that had stalled the registration of apartment units in several pre-RERA developments.
Mahapatra said that although the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was introduced to enhance transparency and improve apartment ownership and management practices, buyers in pre-RERA projects continued to face difficulties in registering transfer deeds.
He noted that a previous Special Order issued December 3, 2025, had extended relief only to individual allottees, leaving apartments retained by promoters and landowners outside its scope.
To remove this bottleneck, the State Government has invoked powers under Section 35 of the OAOM Act, 2023 and created a special exemption mechanism for eligible projects to enable registration and clear legacy property cases.
Under the revised framework, the relaxation will apply only to apartment projects completed before October 5, 2016.
Eligibility will be limited to projects where at least 50 percent of apartment units had already been transferred through registered sale deeds before the RERA cut-off date.
The order further stipulates that apartments seeking registration must be part of building plans approved by the Competent Authority under the Odisha Development Authorities Act, 1982 or the Odisha Town Planning and Improvement Trust Act, 1956.
The government has also clarified that apartment associations or societies formed under previous laws before the OAOM Act, 2023 came into effect will be recognised only after adopting bye-laws in accordance with Section 15 of the Act.
Mahapatra emphasised that the exemption is intended solely to facilitate registration of legitimate apartment units and should not be interpreted as a measure to regularise unauthorised constructions. Violations of building regulations will continue to invite action under existing laws.
To safeguard homeowners’ rights and maintain community ownership of shared infrastructure, every sale deed executed under the Special Order must include transfer of the allottee’s proportionate undivided interest in common areas and facilities.
Ownership of such common spaces will vest with the Association of Allottees in accordance with 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 toward resolving long-pending apartment registration disputes and strengthening urban housing governance in Odisha.
