Pre-RERA Apartment Registration Exemption in Odisha Under OAOM Act 2023
EXEMPTION FOR REGISTRATION OF PRE-RERA APARTMENTS UNDER OAOM ACT 2023
Applicable To
Minimum Sale Threshold
Legal Power
Background & Context
- OAOM Act 2023: The Odisha Apartment (Ownership and Management) Act, 2023 came into force on 28th June 2023 to regulate apartment ownership and management in the State.
- Pre-RERA Hardship: Apartment owners who purchased apartments prior to the Notification of RERA (i.e., dated 5th October 2016) were facing difficulties in registering deeds of transfer due to various compliances and documentation requirements.
- Previous Relief: The Government had earlier issued a Special Order vide Gazette No. 5679 dated 3rd December 2025 to remove undue hardship faced by allottees.
- Remaining Gap: Similar category apartments completed before 05.10.2016, owned by landowners or promoters, were still facing difficulties in completing registration in favour of home buyers.
- Current Order: This Special Order dated 12.06.2026 is issued under Section 35 of OAOM Act 2023 (Powers to Exempt) to address the remaining gap.
Key Order Directives
- Pre-RERA Exemption: This exemption shall be applicable only in respect of registration of sale deeds relating to apartments which were completed prior to 5th October 2016 (commencement of RERA Act 2016).
- Promoter/Landowner Compliance: Notwithstanding anything contained in Section 8(4) read with Section 8(2) of the Odisha Apartment Ownership Act, the promoter/landowner shall be required to comply with the conditions stipulated in this Order.
- 50% Sale Threshold: The exemption shall be applicable only to projects in which at least 50% of the apartment units of the concerned project have already been transferred to the allottees through sale deed on or before 5th October 2016.
- Original Building Plan: The apartment proposed to be registered should have been part of the original building plan approved by the Competent Authority under the Odisha Development Authorities Act, 1982 or the Odisha Town Planning and Improvement Trust Act, 1956.
- Display & NOC Requirement: The promoter/landowner shall display the approved building plan at a conspicuous place within the project premises and obtain a No Objection Certificate (NOC) from the Association of Allottees before registration of the first-sale deed of remaining unsold apartment(s). The NOC must confirm the correctness of the number of apartments in the approved plan.
- Undertaking Before Registering Authority: Compliance of points 1 to 4 in the form of an undertaking shall be submitted by the promoters/landowners as sellers before the Registering Authorities.
- Existing Association Validity: If any association of allottees or society was already formed under any other law before commencement of OAOM Act, it shall be deemed valid only upon adoption of bye-laws in accordance with Section 15 of the said Act.
- No Condoning of Violations: The exemption granted shall not be construed as condoning any violation of building regulations. Any such violations shall remain subject to action under applicable law.
- Mandatory Deed Clauses: Every sale deed registered under this Order must mention: (i) The proportionate undivided interest in Common Areas and Facilities shall be deemed conveyed along with the apartment in favour of the allottee. (ii) The undivided proportionate title and interest in Common Areas and Facilities shall be deemed conveyed by the promoter to the Association of Allottees in accordance with OAOM Act 2023.
Key Conditions & Highlights
- Cut-off Date: Only apartments completed before 5th October 2016 (pre-RERA) are eligible for this exemption.
- Project Sale History: At least 50% of units in the project must have been already sold through sale deed on or before 5th October 2016.
- Approved Plan Mandatory: The apartment must be part of the original approved building plan under ODA Act 1982 or OTPT Act 1956.
- Transparency Requirement: Promoter must display the approved plan at a conspicuous place and obtain NOC from Allottees Association before first sale deed registration.
- Legal Undertaking: Sellers must submit a formal undertaking confirming compliance before the Registering Authority.
- Association Compliance: Pre-existing associations must adopt bye-laws as per Section 15 of OAOM Act 2023 to be deemed valid.
- Building Violations Not Excused: The exemption does not condone any building regulation violations — action under applicable law remains possible.
- Immediate Effect: This Order shall come into force with immediate effect from 12th June 2026.
Frequently Asked Questions
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