Bhubaneswar, Dec 4: Drawing a solution to the impasse over sale & purchase of preowned properties, the Housing & Urban Development (H&UD) Department, Government of Odisha has allowed it after necessary amendment in its RERA rules.
With the RERA amendment, the Odisha government has now eased the ownership transfer of residential buildings constructed or registered before 2016.
A new notification has been issued in this regard by the department.
The newly revised regulation will now benefit a large number of residents and property buyers.
"The Odisha Apartment (Ownership and Management) Act 2023 (Act No 8 of 2023), here in after referred to as OAOM Act, came into force on 28th June 2023, replacing the earlier Odisha Apartment Ownership Act, 1982 and its 2015 amendment.
The OAOM Act also aligns with the Real Estate (Regulation and Development) Act, 2016 to ensure better protection for homebuyers. And whereas, the Government has observed that numerous apartment owners who purchased their apartments prior to 05.10.2016 are encountering difficulties in registering their deed of transfer, particularly during resale, owing to the requirements mentioned under Section 8(2) of the OAOM Act. And whereas, subsequent resale of apartments now requires compliance under Section 8 (2) read with Section 8(4) of the OAOM Act le mandatory submission of Occupancy Certificate, Odisha RERA registration Certificate, Association of Allottees Registration Certificate, declaration, etc. And whereas, the stringent requirement has resulted in undue hardship, especially for resale of apartments originally sold before enforcement of Real Estate (Regulation and Development) Act, 2016," read an order issued by the H&UD Department.
"In exercise of the powers conferred by Section 35 of the Odisha Apartment (Ownership and Management) Act, 2023, the State Government do hereby issues the following order that, allottee or transferee for registration of sale deeds during resale or subsequent sale of such apartments whose deed of transfer of apartment has been executed before 5th October, 2016 is exempted from submitting the documents as required under Section 8 (2) of OAOM Act for the purpose of execution and registration of Sale Deeds. Notwithstanding anything contained under Section 8 (4) read with 8(2) of the OAOM Act, the owner is required to submit only the old Deed/s of transfer/ Registered Sale Deed/s before registering authority at the time of registration.
"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. The exemption granted by this notification shall not be construed as condoning any violation of building regulations. Any such violations shall remain subject to action under the applicable law. The Notification issued by the Government in H&UD Department vide Gazette No.324 Dated the 1st February 2025 is hereby rescinded," the order added.
