The Odisha Government has introduced a Special Order to address long-pending property registration issues affecting apartment owners, landowners, and promoters in housing projects completed before the implementation of the Real Estate (Regulation and Development) Act (RERA) on October 5, 2016.
The move is expected to provide significant relief to thousands of flat owners who have been unable to register their apartments due to documentation gaps and legal compliance issues in older residential projects.
Announcing the initiative, Housing and Urban Development Minister Krushna Chandra Mahapatra stated that the objective is to remove historical bottlenecks and facilitate lawful registration of eligible apartments.
Why Was the Special Order Introduced?
Although the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was enacted to improve transparency and streamline apartment ownership and management, many buyers in projects completed before RERA continued to face registration challenges.
Earlier, a Special Order issued on December 3, 2025, provided relief only to individual allottees. However, apartments retained by promoters and landowners remained outside its scope.
To bridge this gap, the government has exercised its powers under Section 35 of the OAOM Act, 2023, creating a special exemption mechanism for eligible projects and enabling registration of pending apartments.
Who Can Benefit from the New Special Order?
The relaxation applies only to housing projects completed before October 5, 2016, the date on which RERA came into force.
For a project to qualify:
- It must have been completed before October 5, 2016.
- At least 50% of the apartment units should have already been transferred through registered sale deeds on or before the RERA cut-off date.
- The apartment proposed for registration must form 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.
These conditions are intended to ensure that only genuine and legally approved projects receive the benefit of the exemption.
Conditions Promoters and Landowners Must Fulfil
To maintain transparency and protect buyers’ interests, the Special Order prescribes several compliance requirements.
Display of Approved Building Plan
Promoters or landowners must prominently display the sanctioned building plan within the project premises.
No Objection Certificate from Association of Allottees
Before registering the first sale deed of any remaining unsold apartment, a No Objection Certificate (NOC) must be obtained from the Association of Allottees confirming that the apartment numbering matches the approved building plan.
Submission of Undertaking
An undertaking confirming compliance with all eligibility conditions must be submitted before the registering authority.
These safeguards are designed to prevent discrepancies and protect future purchasers.
Recognition of Existing Apartment Associations
The government has clarified that apartment associations or societies formed under earlier laws before the OAOM Act, 2023 came into force will be recognised only after adopting bye-laws in accordance with Section 15 of the Odisha Apartment (Ownership and Management) Act, 2023.
This provision seeks to bring all apartment associations under a uniform governance framework.
Special Order Does Not Regularise Illegal Constructions
The Housing and Urban Development Minister has emphasised that the exemption mechanism is intended solely to facilitate the registration of genuine apartments.
The order does not regularise unauthorised or illegal constructions.
Any violation of building regulations or planning laws will continue to attract action under the applicable statutory provisions.
Therefore, developers and landowners cannot rely on this Special Order to legitimise unauthorised structures.
Protection of Common Area Rights
An important feature of the Special Order is the protection of apartment owners’ rights over common facilities.
Every sale deed executed under the scheme must include the transfer of the allottee’s proportionate undivided interest in common areas and facilities.
Ownership of these common areas will vest in the Association of Allottees in accordance with the provisions of the Odisha Apartment (Ownership and Management) Act, 2023.
This ensures that purchasers receive not only ownership of their individual apartment but also their lawful share in common infrastructure.
Expected Impact on Homebuyers
The Special Order is expected to resolve long-standing registration issues that have affected many apartment owners for years.
Key benefits include:
- Registration of flats in eligible pre-RERA projects.
- Relief for promoters and landowners holding unsold apartments.
- Protection of buyers’ rights over common areas and facilities.
- Reduction in documentation and compliance bottlenecks.
- Improved transparency and legal certainty in property transactions.
The initiative is also expected to strengthen urban housing governance across Odisha by bringing legacy projects into a clearer legal framework.
Conclusion
The Odisha Government’s Special Order marks a significant policy initiative aimed at resolving legacy registration issues in apartment projects completed before the implementation of RERA.
By creating a structured exemption mechanism while preserving safeguards against unauthorised constructions, the government seeks to balance ease of registration with legal compliance. For thousands of apartment owners awaiting property registration, the move could provide a long-awaited solution and pave the way for secure ownership rights and smoother real estate transactions in the state.
