In a significant move to streamline real estate project handovers and strengthen homebuyer rights, the Odisha government has amended the existing table of fees payable under Section 78 of the Registration Act, 1908, specifically for the transfer of common areas in real estate projects. This amendment enables the complete legal handover of project land and common areas to the Association of Allottees, removing a long-standing procedural bottleneck.
The amendment was notified by the Revenue and Disaster Management Department, marking a crucial step toward smoother implementation of both RERA provisions and the Odisha Apartment (Ownership and Management) Act, 2023.
₹20,000 Consolidated Fee for Transfer of Common Areas
As per the notification, promoters can now transfer the common areas of a real estate project through a registered sale deed to the duly registered Association of Allottees by paying a consolidated registration fee of ₹20,000.
This fee is payable to the sub-registrar at the time of execution of the sale deed transferring common areas, which legally includes the entire land of the project. Department sources clarified that this single consolidated fee will apply uniformly, irrespective of the size or value of the project land.
Alignment with Odisha Apartment Act, 2023
The amendment is expected to significantly facilitate project registration and completion compliance under the Odisha Apartment (Ownership and Management) Act, 2023, which came into force on June 26, 2023.
Earlier, although the law mandated the transfer of common areas to the association, no specific registration fee was prescribed, leading to confusion among promoters and delays at the sub-registrar level. This lack of clarity often stalled formation of associations, handover of land, and completion of statutory obligations, impacting homebuyers.
RERA and Apartment Act Mandate Common Area Transfer
Under Section 17 of the Real Estate (Regulation and Development) Act, 2016, promoters are required to transfer the common areas of a project to the registered Association of Allottees. Similarly, Section 8 of the Odisha Apartment (Ownership and Management) Act, 2023 also mandates such transfer.
Both laws clearly define common areas to include the entire project land, along with amenities and shared facilities. However, in the absence of a defined registration fee structure, the legal transfer of these areas remained pending in many projects.
Boost for Transparency and Homebuyer Ownership
By fixing a nominal and uniform registration fee, the Odisha government has removed a critical administrative hurdle. This move is expected to ensure:
• Timely handover of project land to homebuyers
• Faster registration of Associations of Allottees
• Improved compliance with RERA and state apartment law
• Greater transparency in ownership and management of housing projects
For homebuyers, the amendment strengthens collective ownership rights and provides legal certainty over common areas, which are essential for long-term maintenance, redevelopment, and governance of housing societies.
Conclusion: A Key Reform for Project Completion and Governance
The amendment to the registration fee framework marks a practical and homebuyer-friendly reform by the Odisha government. By enabling the transfer of common areas at a fixed cost of ₹20,000, the state has paved the way for smoother project closures, better compliance, and stronger resident-controlled management of housing projects.
This step is likely to reduce disputes, improve trust in the real estate ecosystem, and reinforce planned and transparent development across Odisha.
