Odisha Government Eases Property Registration for Pre-RERA Housing Projects

Own a flat in a pre-RERA housing project in Odisha but unable to register it? The state government has rolled out a Special Order aimed at clearing long-pending registration hurdles for apartment owners, landowners and promoters in projects completed before the implementation of the Real Estate (Regulation and Development) Act (RERA) on October 5, 2016.

Announcing the decision, Odisha Housing and Urban Development Minister Krushna Chandra Mahapatra said the move is aimed at resolving long-pending registration issues faced by buyers and stakeholders in older apartment projects.

According to an official release, "The Special Order, published in the Extraordinary Issue of the Odisha Gazette, provides a clear legal framework to overcome historical documentation and compliance bottlenecks that have prevented the registration of many apartment units."

The minister said that while the Odisha Apartment (Ownership and Management) Act, 2023 (OAOM Act) was introduced to improve transparency and efficiency in apartment ownership and management, many buyers in pre-RERA projects continued to face difficulties in registering transfer deeds.

A Special Order issued on December 3, 2025, had provided relief to individual allottees. However, apartments retained by promoters and landowners were not covered under that order.

To address this gap, the government has invoked its powers under Section 35 of the OAOM Act, 2023, and introduced a special exemption mechanism for eligible projects, enabling registration of such apartments and helping clear long-pending legacy cases.

Who is eligible for the relief?

The relaxation will apply only to apartment projects completed before October 5, 2016, the date on which RERA came into effect.

To qualify, at least 50 per cent of the apartment units in a project must already have been transferred through registered sale deeds on or before the RERA cut-off date.

The apartment proposed for registration must also be part of a building plan approved by the competent authority under the Odisha Development Authorities Act, 1982, or the Odisha Town Planning and Improvement Trust Act, 1956.

What are the conditions for registration

To ensure transparency and protect buyers' interests, promoters or landowners must prominently display the approved building plan within the project premises.

Before the first sale deed of any remaining unsold apartment is registered, a No Objection Certificate (NOC) must be obtained from the Association of Allottees certifying that the apartment numbering matches the approved plan.

An undertaking confirming compliance with all eligibility conditions must also be submitted before the registering authority.

The order also states that any apartment association or society formed under previous laws before the OAOM Act, 2023 came into force will be recognised only after adopting bye-laws in accordance with Section 15 of the Act.

Mahapatra clarified that the exemption is intended only to facilitate registration of genuine apartments and should not be interpreted as a regularisation of unauthorised constructions.

Any violation of building regulations will continue to attract action under applicable laws, he said.

To safeguard the rights of apartment owners, every sale deed executed under the Special Order must include the transfer of the allottee's proportionate undivided interest in common areas and facilities.

The title over such common areas and facilities will vest in the Association of Allottees as provided under the Odisha Apartment (Ownership and Management) Act, 2023.

The Special Order, issued by order of the Governor and notified by Additional Chief Secretary Usha Padhee, is expected to help resolve long-pending property registration issues and strengthen urban housing governance in Odisha.