Exemption from Section 8(2) Documents for Resale of Apartments Sold Before 05.10.2016 | H&UD Dept Odisha Gazette No.5679 Dated 03.12.2025
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Exemption from Section 8(2) Documents for Resale of Apartments Sold Before 05.10.2016
Department: Housing & Urban Development Department, Government of Odisha
Gazette No: 5679 | Date: 03.12.2025
Published: 03 December 2025 (as per official gazette date) Applicable to: All apartment owners, buyers, promoters, and registering authorities in Odisha
The Housing & Urban Development Department has issued a major exemption under the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) for resale/transfer of apartments originally sold before 05.10.2016.
Owners/transferees are now **exempted** from submitting Occupancy Certificate (OC), Odisha RERA Registration Certificate, Association of Allottees Registration Certificate, and other documents required under Section 8(2) for registration of sale deeds during resale.
Key Provisions of the Notification
- Exemption Scope: Applies only to apartments whose original deed of transfer/sale deed was executed **before 05.10.2016**.
- Documents Required: Only the old registered sale deed(s)/deed of transfer needs to be submitted at the time of registration.
- Mandatory Declaration in New Sale Deed: The new deed must include the following clauses:
- “The percentage of undivided interest in the Common Areas and Facilities shall be deemed to be conveyed or encumbered along with the apartment, to the Allottee or Transferee, even though such interest is not expressly mentioned in the earlier deed of transfer/sale deed.”
- “The undivided proportionate title in the Common Areas and Facilities appertaining to the Apartment shall be deemed to be conveyed to the Association of Allottees, even though such undivided proportionate title is not expressly mentioned in the earlier deed of transfer/sale deed.”
- Pre-existing Associations: Any association/society formed under any other law before commencement of OAOM Act shall be deemed valid only upon adoption of bye-laws as per Section 15 of the Act.
- No Relaxation on Building Violations: Exemption does not condone violations of building regulations; such violations remain subject to action under applicable law.
- Rescinded: Previous notification in H&UD Dept Gazette No.324 dated 01.02.2025 is hereby rescinded.
Important for Apartment Owners & Buyers:
- This exemption simplifies resale of old apartments (pre-05.10.2016) and removes major hurdles due to lack of OC/RERA/Association documents.
- New buyers must ensure the mandatory declarations are included in the sale deed.
- For apartments sold **after 05.10.2016**, full compliance with Section 8(2) & 8(4) of OAOM Act remains mandatory.
📄 Official Gazette Notification (PDF): View / Download
WhatsApp Telegram Facebook PDFFrequently Asked Questions (FAQ)
1. Which apartments are exempted from Section 8(2) documents for resale?
Apartments whose original sale deed / deed of transfer was executed **before 05.10.2016** are exempted from submitting OC, RERA Registration, Association Registration, etc., during resale.
2. What documents are required for resale of pre-2016 apartments?
Only the old registered sale deed(s) / deed of transfer needs to be submitted at the time of registration.
3. What mandatory declarations must be included in the new sale deed?
The deed must state that undivided interest in Common Areas & Facilities is deemed conveyed to the buyer and to the Association, even if not expressly mentioned in earlier deeds.
4. Are pre-existing apartment associations valid under OAOM Act 2023?
Yes – but only after adopting bye-laws in accordance with Section 15 of the Act.
5. Does this exemption apply to apartments sold after 05.10.2016?
No – full compliance with Section 8(2) & 8(4) of OAOM Act remains mandatory for apartments sold after 05.10.2016.