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Special Order for Effective Implementation of Odisha Apartment (Ownership & Management) Act, 2023
Special Order for Effective Implementation of Odisha Apartment (Ownership & Management) Act, 2023 - R&DM Letter No. 45908 Dated 05.12.2025 & H&UD Gazette No. 5679 Dated 03.12.2025 PDF Download
Issued by: Revenue & Disaster Management Department (R&DM) and Housing & Urban Development Department (H&UD), Government of Odisha
The Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) came into force on 28th June 2023, replacing the Odisha Apartment Ownership Act, 1982 and its 2015 amendment. The new Act aims to simplify and strengthen laws on apartment ownership and management, ensuring allottees enjoy lawful title over apartments and proportionate interest in common areas. It aligns with the Real Estate (Regulation and Development) Act, 2016 for better homebuyer protection.
However, apartment owners face difficulties in registering transfer deeds, especially for resales. For apartments transferred before 05.10.2016, compliance with Section 8(2) and 8(4) of OAOM Act (e.g., Occupancy Certificate, RERA Certificate, Association Registration) causes hardship. To address this, the Government issued a Special Order under Section 35 of OAOM Act.
Key Provisions of the Special Order
| Provision | Details |
|---|---|
| Exemption for Pre-2016 Transfers | Allottees/transferees for resale of apartments executed before 05.10.2016 are exempted from submitting documents under Section 8(2) of OAOM Act. Only old Deed/Registered Sale Deed required for registration. |
| Mandatory Clauses in New Sale Deed | New deed must include: "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." and "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." |
| Association of Allottees | If formed under other laws before OAOM Act, deemed valid upon adopting bye-laws under Section 15 of the Act. |
| No Condonation of Violations | Exemption does not condone building regulation violations; actions under applicable laws remain. |
| Rescission | H&UD Notification No. 324 dated 01.02.2025 is rescinded. |
Registering authorities must strictly adhere to these provisions for documents relating to Apartment Units.
Frequently Asked Questions (FAQs) on Odisha Apartment Ownership Act Special Order 2025
What is the purpose of the Special Order dated 03.12.2025?
It addresses difficulties in registering resale deeds for apartments transferred before 05.10.2016 by exempting certain document requirements under Section 8(2) of OAOM Act.
Which documents are exempted for pre-2016 apartment resales?
Occupancy Certificate, RERA Registration Certificate, Association of Allottees Certificate, and declarations. Only the old Registered Sale Deed is required.
What must be mentioned in new resale deeds?
Clauses on deemed conveyance of undivided interest in common areas to the allottee/transferee and to the Association of Allottees.
Does this order apply to apartments sold after 05.10.2016?
No, exemptions are only for transfers executed before 05.10.2016. Post-2016 sales must comply with full OAOM Act requirements.
What about existing associations of allottees?
If formed before OAOM Act, they are deemed valid upon adopting bye-laws as per Section 15.
Does the order condone building violations?
No, violations remain subject to actions under applicable laws.
Which previous notification is rescinded?
H&UD Department Notification No. 324 dated 01.02.2025.
Where can I download the official documents?
View or download the PDF from the link below or the embedded preview.