Odisha Govt Issues New SOP for Apartment Registration Under OAOM Act 2023
STANDARD OPERATING PROCEDURE FOR REGISTRATION OF APARTMENTS
Three Categories
Stamp Duty
Common Areas Transfer
Key SOP Directives
- Legal Framework: Registration of apartment-related documents shall be governed by the Registration Act 1908, Odisha Registration Rules 1988, RERA Act 2016, Odisha Apartment (Ownership and Management) Act 2023, and the Rules made thereunder.
- Applicability: This SOP applies to registration of documents relating to apartments governed by the Odisha Apartment Act 2023, including residential, commercial, and mixed-use apartment projects.
- Competent Authority: Deputy Commissioner (Legal) BMC, Secretary of concerned Development Authority, and Sub-Collector concerned within the local limits of the Revenue Sub-Division (excluding DA areas).
- Category-I (Pre-RERA Resale): Resale of apartments where the first deed of transfer/sale by the promoter was registered prior to 05.10.2016 — governed by Special Order No. 29259 dated 03.12.2025. Exempt from Section 8(2) documents.
- Category-II (Pre-RERA Unsold): First sale by promoter/landowner of apartments in projects completed prior to 05.10.2016 where unsold inventory continues — governed by Special Order 2470 dated 12.06.2026. Requires 50% prior sale, NOC from Association, and approved building plan.
- Category-III (Post-RERA): All apartments governed by the Odisha Apartment Act 2023 where deed is registered on or after 05.10.2016. Requires Odisha RERA registration (where applicable), Occupancy Certificate, registered Association of Allottees, Section 9 Declaration, and Competent Authority endorsement under Section 8(4) and 8(5).
- Common Areas Transfer: Deed transferring undivided proportionate title in Common Areas and Facilities in favour of the Association of Allottees must be executed or presented simultaneously for registration.
- Endorsement Process: Competent Authority shall scrutinise documents and certify compliance with the Act and Rules before registration. Endorsed deed must be presented before Registering Officer within 30 days.
Important Points to Note
- Stamp Duty Rate: Stamp duty on apartment transfer deeds is chargeable at 5% of the market value or consideration value, whichever is higher, under Article 23 of Schedule-I-A of the Indian Stamp Act 1899.
- Women Remission: 1% stamp duty remission available for women under R&DM Notification No. 371531/R&DM dated 29.11.2016, applicable to conveyance deeds in favour of women.
- Common Areas Nominal Fee: Deed for transfer of common areas to Association of Allottees attracts Rs. 50,000 stamp duty and Rs. 20,000 registration fee under the Indian Stamp (Odisha Amendment) Ordinance 2026.
- Undivided Interest: Despite the concession on common areas deed, stamp duty and registration fee on undivided interest in common areas shall be realised in each individual apartment transfer deed.
- Electronic Forwarding: After registration, certified copy shall be forwarded electronically to the Competent Authority through the SUJOG Platform as per Section 8(6) of the Act.
- Not Regularisation: Registration under Category-I and Category-II shall not be construed as regularisation of any unauthorised construction or violation of building laws.
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