OAOM Act – Special Order 2026 | Housing & Urban Development Department, Odisha
OAOM ACT – SPECIAL ORDER 2026
Legal Basis
Key Forms
Effective Date
Special Order – Key Provisions
- Background: The Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) came into force on 28th June 2023, replacing the earlier 1982 Act, to simplify and strengthen laws relating to apartment ownership and management, and to align with RERA 2016.
- Existing Requirement: Under Section 8(4) of the OAOM Act, the promoter/transferor is required to submit the deed of transfer along with prescribed documents to the Competent Authority for endorsement before registration. Rule 7 of the OAOM Rules, 2024 requires individual endorsement on each deed of transfer in Form F and Form G.
- Identified Issue: The requirement of individual endorsement on each deed of transfer results in repetitive processing, particularly in large projects with multiple apartment transfers, causing procedural burden and delay, which goes against the spirit of "Ease of Doing Business (EoDB)".
- Simplified Mechanism: The Special Order adopts a simplified mechanism where the endorsement made on the first deed of transfer, after verification of documents prescribed under Section 8(2), shall be treated as endorsement of the project registration itself, eliminating the need for separate endorsements on subsequent deeds.
- Order – Clause 1: As per the extant provisions of OAOM Act, 2023, the promoter shall execute the first deed of transfer of apartment in favour of allottee or transferee in Form F and another deed of transfer in favour of association of allottees in respect of the project in Form G, following due procedures.
- Order – Clause 2: Endorsement of subsequent deed of transfer of apartment in favour of allottee or transferee in the same project by the Competent Authority is not necessary, as all required due verification have been followed in the first deed of transfer under Section 8(2). The endorsement of the first deed shall be treated as the endorsement of all the apartments of the registered project itself.
- Order – Clause 3: The deed of transfer of apartment is to be prepared by the promoter/transferor in accordance with the model deed of transfer of apartment prescribed in Form-F under the Odisha Apartment (Ownership and Management) Rules, 2024.
- Effective Date: This order shall come into force with immediate effect.
Important Points to Note
- Exemption from Individual Endorsement: The Competent Authority's endorsement on the first deed of transfer shall be treated as endorsement for the entire registered apartment project.
- Reduced Procedural Burden: Subsequent deeds of transfer in the same project can be directly registered without seeking individual endorsement from the Competent Authority.
- Forms Prescribed: Form F (deed of transfer in favour of allottee) and Form G (deed of transfer in favour of association of allottees) under OAOM Rules, 2024 shall continue to be used.
- Statutory Safeguards Retained: All required due verification under Section 8(2) of the OAOM Act is completed during the first deed of transfer, ensuring statutory compliance is not compromised.
- Ease of Doing Business: This order eliminates repetitive scrutiny, minimizes procedural steps, saves time and administrative effort, and facilitates faster service delivery.
- Legal Authority: The order is issued in exercise of powers conferred under Section 35 of the OAOM Act, 2023 (Powers to exempt).
- Immediate Effect: The order is effective from the date of issue – 21st August 2026.
- Alignment with RERA: The OAOM Act aligns with the Real Estate (Regulation and Development) Act, 2016 to ensure transparency and accountability in the real estate sector.
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