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

Announcing the decision, Housing & Urban Development Minister Dr. Krushna Chandra Mahapatra said the measure aims to address long-pending registration issues faced by buyers and stakeholders in older apartment projects. The Special Order, published in the Extraordinary Issue of the Odisha Gazette, provides a clear legal framework to overcome historical documentation and compliance bottlenecks that have prevented the registration of many apartment units.

The Minister stated that while the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was enacted to bring greater transparency and efficiency in apartment ownership and management, a large number of apartment purchasers in pre-RERA projects continued to face difficulties 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 remained outside its ambit.

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 long-standing legacy cases.

What the order says:

Under the Special Order, the relaxation will apply only to apartments in projects completed before October 5, 2016. The benefit shall be available only where at least 50 per cent of the apartment units in the project had already been transferred through registered sale deeds on or before the RERA cut-off date. In addition, the apartment proposed for registration must form part of the 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. 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 numbering as reflected in the approved plan. An undertaking confirming compliance with all eligibility conditions must also be furnished before the Registering Authority.

The Order further provides that 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 Act.

Dr. Mahapatra emphasized that the exemption is intended solely to facilitate the registration of genuine apartments and should not be construed as a regularization of unauthorized constructions. Any violation 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 this Special Order must expressly provide for the transfer of the allottee's proportionate undivided interest in the common areas and facilities. The title over such common areas and facilities shall vest in the Association of Allottees in accordance with the provisions of the OAOM Act, 2023.

The Special Order, issued by order of the Governor and notified by Smt. Usha Padhee, Additional Chief Secretary to Government, marks another important step towards resolving long-pending property registration issues and strengthening urban housing governance in Odisha.