Apartment Rules and Laws in Odisha
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1. Legal Framework of Apartments in Odisha
Apartment ownership and management in Odisha is governed by two parallel but interacting legal streams — the real-estate regulatory stream (RERA) and the apartment-ownership/management stream (the Odisha Apartment Act). A 2026 government SOP now sits on top of both to standardise the registration of apartment-related documents.
Real Estate (Regulation and Development) Act, 2016
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Odisha RERA Rules, 2017
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ORERA Regulations, 2017
Odisha Apartment (Ownership and Management) Act, 2023
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Odisha Apartment (Ownership and Management) Rules, 2023
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Notifications / Special Orders
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2026 Apartment Registration SOP
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Declaration
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Deed of Transfer
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Association of Allottees
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Bye-laws
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Project-specific governance
The Odisha Apartment Act, 2023 consolidates the law on ownership, transfer and management of apartments in Odisha and applies to apartments on freehold land or on leasehold land where the lease is for thirty years or more. Apartment Act 2023 — S.1, S.2 RERA separately regulates promoters and project registration where the statutory thresholds are met. RERA Act 2016 — S.3
2. "Which Law Applies?" — Decision Aid
This is an informational aid only, not a substitute for examining the actual project documents and obtaining legal advice.
Is it an apartment/multi-unit project?
If yes — the Odisha Apartment Act, 2023 potentially applies, subject to land tenure and use. Apartment Act — S.2
If yes — the Odisha Apartment Act, 2023 potentially applies, subject to land tenure and use. Apartment Act — S.2
Residential / commercial / mixed-use?
All are covered — "apartment" includes residence, office, practice of a profession, occupation, trade or business, or other independent use. Apartment Act — S.3(b)
All are covered — "apartment" includes residence, office, practice of a profession, occupation, trade or business, or other independent use. Apartment Act — S.3(b)
Freehold or qualifying leasehold (30+ years)?
Only these land tenures are covered by the Act. Apartment Act — S.2(1)
Only these land tenures are covered by the Act. Apartment Act — S.2(1)
8 or more apartments?
RERA registration is ordinarily mandatory unless an exemption applies (e.g. plot ≤500 sq.m or ≤8 apartments across phases). RERA Act — S.3(2)(a)
RERA registration is ordinarily mandatory unless an exemption applies (e.g. plot ≤500 sq.m or ≤8 apartments across phases). RERA Act — S.3(2)(a)
First deed registered before or after 05.10.2016?
The 2026 SOP uses this date to classify apartments into Category I/II (pre-RERA) and Category III (post-RERA). 2026 SOP — Para 6
The 2026 SOP uses this date to classify apartments into Category I/II (pre-RERA) and Category III (post-RERA). 2026 SOP — Para 6
Project completed before 05.10.2016 with unsold inventory?
May fall under Category II if 50%+ units were transferred by registered deed on/before that date. 2026 SOP — Para 7 (Category-II)
May fall under Category II if 50%+ units were transferred by registered deed on/before that date. 2026 SOP — Para 7 (Category-II)
Occupancy Certificate, Association, Declaration all in place?
These are pre-conditions for registering a Category-III deed of transfer. 2026 SOP — Para 7(B)
These are pre-conditions for registering a Category-III deed of transfer. 2026 SOP — Para 7(B)
Is it a resale?
Resale of a pre-05.10.2016 first-sold apartment may qualify as Category I under Special Order No. 29259 dated 03.12.2025. 2026 SOP — Para 6
Resale of a pre-05.10.2016 first-sold apartment may qualify as Category I under Special Order No. 29259 dated 03.12.2025. 2026 SOP — Para 6
3. Legal Dictionary
Apartment
A part of a property intended for independent use (one or more rooms/enclosed spaces) in a building used for residence, office, profession, occupation, trade, business or ancillary use. Apartment Act — S.3(b)
A part of a property intended for independent use (one or more rooms/enclosed spaces) in a building used for residence, office, profession, occupation, trade, business or ancillary use. Apartment Act — S.3(b)
Apartment Owner
The person(s) owning an apartment and an undivided interest in the common areas and facilities appurtenant to it; includes the promoter for unsold apartments. Apartment Act — S.3(d)
The person(s) owning an apartment and an undivided interest in the common areas and facilities appurtenant to it; includes the promoter for unsold apartments. Apartment Act — S.3(d)
Allottee
The person to whom an apartment has been allotted, sold or transferred by the promoter, and includes subsequent acquirers, but excludes a tenant. Apartment Act — S.3(a)
The person to whom an apartment has been allotted, sold or transferred by the promoter, and includes subsequent acquirers, but excludes a tenant. Apartment Act — S.3(a)
Building
A building on any land containing two or more apartments, or two or more buildings in a designated block/pocket each with two or more apartments. Apartment Act — S.3(g)
A building on any land containing two or more apartments, or two or more buildings in a designated block/pocket each with two or more apartments. Apartment Act — S.3(g)
Promoter
A person who constructs/converts a building into apartments for sale, including Development Authorities, co-operative housing societies, builders, colonisers, contractors, developers, or persons acting under a power of attorney. Apartment Act — S.3(t)
A person who constructs/converts a building into apartments for sale, including Development Authorities, co-operative housing societies, builders, colonisers, contractors, developers, or persons acting under a power of attorney. Apartment Act — S.3(t)
Association of Allottees
The association formed/deemed formed under Section 15 comprising all allottees of the project. Apartment Act — S.3(e)
The association formed/deemed formed under Section 15 comprising all allottees of the project. Apartment Act — S.3(e)
Common Areas and Facilities
Includes project land, staircases, lifts, lobbies, fire escapes, entrances/exits, basements, terraces, parks, play areas, open parking, common storage, staff accommodation, central service installations, water tanks/pumps, community/commercial facilities, and other portions in common use. Apartment Act — S.3(i)
Includes project land, staircases, lifts, lobbies, fire escapes, entrances/exits, basements, terraces, parks, play areas, open parking, common storage, staff accommodation, central service installations, water tanks/pumps, community/commercial facilities, and other portions in common use. Apartment Act — S.3(i)
Common Expenses
Expenses declared as common by the Act, declaration or bye-laws, sums assessed by the Association/Competent Authority, and administration/maintenance/repair/replacement costs of common areas. Apartment Act — S.3(j)
Expenses declared as common by the Act, declaration or bye-laws, sums assessed by the Association/Competent Authority, and administration/maintenance/repair/replacement costs of common areas. Apartment Act — S.3(j)
Common Profits
Balance of income/rents/profits from common areas after deducting common expenses. Apartment Act — S.3(k)
Balance of income/rents/profits from common areas after deducting common expenses. Apartment Act — S.3(k)
Competent Authority
The authority appointed under Section 23 of the Apartment Act to exercise powers and perform functions within its local limits; not below the rank of Deputy Collector. Apartment Act — S.3(l), S.23
The authority appointed under Section 23 of the Apartment Act to exercise powers and perform functions within its local limits; not below the rank of Deputy Collector. Apartment Act — S.3(l), S.23
Appellate Authority
The authority appointed under Section 25, not below the rank of Collector, to hear appeals from the Competent Authority. Apartment Act — S.3(f), S.25
The authority appointed under Section 25, not below the rank of Collector, to hear appeals from the Competent Authority. Apartment Act — S.3(f), S.25
Declaration
The declaration submitted by the promoter under Section 9 describing the land, building, apartments, common areas and other prescribed particulars. Apartment Act — S.3(m), S.9
The declaration submitted by the promoter under Section 9 describing the land, building, apartments, common areas and other prescribed particulars. Apartment Act — S.3(m), S.9
Deed of Transfer of Apartment
A deed executed by the promoter/transferor in the prescribed manner transferring the apartment. Apartment Act — S.3(n), S.8
A deed executed by the promoter/transferor in the prescribed manner transferring the apartment. Apartment Act — S.3(n), S.8
Occupancy Certificate
The certificate issued by the Local Authority permitting occupation of a building. Apartment Act — S.3(p); RERA Act — S.2(zf)
The certificate issued by the Local Authority permitting occupation of a building. Apartment Act — S.3(p); RERA Act — S.2(zf)
Local Authority
Municipal corporation, municipality, panchayat or other constituted local body. Apartment Act — S.3(o)
Municipal corporation, municipality, panchayat or other constituted local body. Apartment Act — S.3(o)
Bye-laws
By-laws made by the Association of Allottees under the Act and Rules. Apartment Act — S.3(h)
By-laws made by the Association of Allottees under the Act and Rules. Apartment Act — S.3(h)
Project
Development of a building into apartments (or land into apartments) for sale, including common areas, development works and appurtenances. Apartment Act — S.3(s)
Development of a building into apartments (or land into apartments) for sale, including common areas, development works and appurtenances. Apartment Act — S.3(s)
Carpet Area
The net usable floor area of an apartment, excluding external walls, service shafts, exclusive balcony/verandah and exclusive open terrace, but including internal partition walls. RERA Act — S.2(k)
The net usable floor area of an apartment, excluding external walls, service shafts, exclusive balcony/verandah and exclusive open terrace, but including internal partition walls. RERA Act — S.2(k)
Covered Parking
Parking under stilt, basement, multilevel structure, roof top or with a covered roof but no side walls (other than a garage). ORERA Regulations 2017 — Reg.2(1)(c)
Parking under stilt, basement, multilevel structure, roof top or with a covered roof but no side walls (other than a garage). ORERA Regulations 2017 — Reg.2(1)(c)
Garage
A place with a roof and walls on three sides for parking a vehicle, excluding open/uncovered parking. RERA Act — S.2(y)
A place with a roof and walls on three sides for parking a vehicle, excluding open/uncovered parking. RERA Act — S.2(y)
Agreement for Sale
Agreement between promoter and allottee for sale of a plot/apartment/building. RERA Act — S.2(c)
Agreement between promoter and allottee for sale of a plot/apartment/building. RERA Act — S.2(c)
Real Estate Project
Development of a building/apartments, or converting/developing land into plots/apartments, for sale, including common areas, development works and appurtenances. RERA Act — S.2(zn)
Development of a building/apartments, or converting/developing land into plots/apartments, for sale, including common areas, development works and appurtenances. RERA Act — S.2(zn)
Real Estate Agent
A person who negotiates/facilitates sale or purchase of a plot, apartment or building on behalf of another for remuneration. RERA Act — S.2(zm)
A person who negotiates/facilitates sale or purchase of a plot, apartment or building on behalf of another for remuneration. RERA Act — S.2(zm)
Adjudicating Officer
Officer appointed under Section 71 of RERA to adjudge compensation claims. RERA Act — S.2(a), S.71
Officer appointed under Section 71 of RERA to adjudge compensation claims. RERA Act — S.2(a), S.71
Authority (RERA)
The Real Estate Regulatory Authority established under Section 20 of RERA. RERA Act — S.2(i)
The Real Estate Regulatory Authority established under Section 20 of RERA. RERA Act — S.2(i)
4. Applicability of the Odisha Apartment Act
Applies to
- Apartments/converted buildings, whether constructed before or after commencement, on freehold land or leasehold land with lease of 30+ years (including sub-lease). S.2(1)
- Any use — residence, office, profession, occupation, trade, business or independent use. S.2(2)
Does not apply to
- A Government department/undertaking building held or used by Government, or one owned and used solely by the owner himself or let out by him. S.2(3)
Relationship with RERA registration
The Odisha Apartment Act applies irrespective of whether the project is required to register under RERA. Even a project with more than one but fewer than eight apartments (not requiring RERA registration) remains governed by the Apartment Act. 2026 SOP — Para 3.2(f) & Explanation RERA registration itself is separately mandatory (subject to exemptions) where the plot exceeds 500 sq.m or the apartments exceed eight, across all phases. RERA Act — S.3(2)(a)
5. Odisha Apartment Act, 2023 — Section-by-Section Guide
The Odisha Apartment (Ownership and Management) Act, 2023 (Odisha Act 8 of 2023) has 39 sections in 8 chapters. Key sections are summarised below; expand each for detail.
Section 1 — Short title, extent and commencement
Rule: The Act extends to the whole of Odisha and is deemed to have come into force on 28 June 2023. S.1
Practical meaning: Applies statewide, retroactively effective from 28.06.2023.
Practical meaning: Applies statewide, retroactively effective from 28.06.2023.
Section 2 — Applicability
See Applicability section above. S.2
Section 3 — Definitions
Defines allottee, apartment, apartment owner, association of allottees, building, promoter, common areas and facilities, common expenses, common profits, Competent Authority, declaration, deed of transfer, Occupancy Certificate and more. See Legal Dictionary. S.3
Section 4 — Apartment to be heritable and transferable
Rule: Every allottee is entitled to exclusive ownership/possession of the apartment plus the undivided interest in common areas specified in the deed, computed on built-up-area basis. Mixed-use non-residential undivided interest is as prescribed. The apartment with its undivided interest is heritable and transferable property, transferable by sale, mortgage, lease, gift, exchange etc., but cannot be partitioned or sub-divided, and any covenant to the contrary is void. S.4
Example: An owner may mortgage her apartment to a bank but cannot sell "half" the apartment as a physically separate unit.
Example: An owner may mortgage her apartment to a bank but cannot sell "half" the apartment as a physically separate unit.
Section 5 — Compliance with covenants and bye-laws
Every allottee/owner must strictly comply with the bye-laws and the Deed of Transfer covenants; breach is a ground for the Association (or an aggrieved owner) to seek recovery of damages or injunctive relief. S.5
Section 6 — Encumbrances against apartments
An owner may create an encumbrance only against his own apartment and appurtenant undivided interest. Labour/material for common areas duly authorised by the Association is deemed consented to by every owner and forms a charge against each apartment, subject to partial-payment removal provisions. S.6
Section 7 — Ownership of additional built-up area
Any benefit of additional built-up area due to change in Development Control Norms is passed to the Association of Allottees. S.7
Section 8 — Execution of deed of transfer
Rule: The promoter must execute the deed of transfer in favour of the allottee (with undivided proportionate title in common areas to the Association) within three months from issue of the Occupancy Certificate, and register it under the Registration Act, 1908. For pre-Act projects completed after commencement of RERA where no common-area transfer deed was executed, the promoter must execute one within six months of commencement of this Act. S.8(1)
Documents to be attached: Occupancy Certificate; Odisha RERA registration certificate (where applicable); Association registration certificate, if any; registered declaration and amendments; other prescribed documents. S.8(2)
The promoter/transferor must submit the deed with documents in duplicate within 15 days of execution to the Competent Authority, who endorses and returns it within 15 days for registration before the Registering Officer. S.8(4)
Every such deed and endorsement is compulsorily registrable under the Registration Act, 1908. S.8(5)
The Registering Officer forwards a certified copy to the Competent Authority. S.8(6)
No deed of transfer in favour of allottees can be executed before the Association is registered under Section 15. S.8(9)
Documents to be attached: Occupancy Certificate; Odisha RERA registration certificate (where applicable); Association registration certificate, if any; registered declaration and amendments; other prescribed documents. S.8(2)
The promoter/transferor must submit the deed with documents in duplicate within 15 days of execution to the Competent Authority, who endorses and returns it within 15 days for registration before the Registering Officer. S.8(4)
Every such deed and endorsement is compulsorily registrable under the Registration Act, 1908. S.8(5)
The Registering Officer forwards a certified copy to the Competent Authority. S.8(6)
No deed of transfer in favour of allottees can be executed before the Association is registered under Section 15. S.8(9)
Section 9 — Declaration
See dedicated Declaration section below. S.9
Section 10 — Obligations of promoters
See Promoter Obligations dashboard. S.10
Section 11 — Rights and responsibilities of allottees
Allottees have rights/responsibilities under RERA plus this Act; the undivided interest in common areas as per the declaration cannot be altered without two-thirds owner consent via an amended, registered declaration. S.11
Section 12 — Responsibility of apartment owners
See Owner Duties dashboard. S.12
Section 13 — Liability of unpaid common expenses on transfer
Upon sale of an apartment, the purchaser is held liable for all unpaid common expenses. S.13
Section 14 — Formation of Association of Allottees
See Association Dashboard. S.14
Section 15 — Procedure for forming the Association
See Association Formation Procedure. S.15
Section 16 — Bye-laws of the Association
See Model Bye-laws section. S.16
Section 17 — Common expenses first charge
Sums assessed as an owner's share of common expenses constitute a charge on the apartment with priority over other charges except Government/municipal dues and first-mortgage arrears. S.17
Section 18 — Common profits and expenses
Common profits are distributed and common expenses charged equally among owners irrespective of undivided interest. If an apartment is not occupied by its owner, the occupant and owner are jointly/severally liable for common expenses. S.18
Section 19 — Association's power to reduce utilities/services
See Non-Payment of Maintenance timeline. S.19
Section 20 — Insurance
See Insurance section. S.20
Section 21 — Verification of structural stability
See 30-Year Structural Safety timeline. S.21
Section 22 — Disposition of property, destruction or damage
If the Association fails to repair/rebuild within 60 days (or extended time) of damage/destruction, the property is deemed owned in common in proportion to undivided interests, subject to encumbrances and partition by suit, with net sale/insurance proceeds distributed proportionately. Separately, damage to a service/utility line must be rectified within 5 days (minor) or 1 month (major) by the responsible owner, failing which the Executive Committee may rectify and recover costs. S.22
Section 23 — Competent Authority: powers and functions
See Competent Authorities section. S.23
Section 24 — Functions of the Association discharged by the Competent Authority
Where over two-thirds of owners request, the Competent Authority, with the Appellate Authority's prior approval, may discharge Association functions for a specified period. S.24
Section 25 — Appellate Authority
See Appeal System. S.25
Section 26 — Penalty
See Penalties dashboard. S.26
Section 27 — Offences by companies
Persons in charge of, or responsible for, the company's conduct at the time of the offence are deemed guilty along with the company, subject to a due-diligence defence. S.27
Section 28 — Separate assessment
Each apartment (with its undivided interest) is a separate unit for property/municipal tax assessment. S.28
Section 29 — Redevelopment
In redevelopment, each owner's share equals his percentage of undivided interest in the property. S.29
Section 30 — Act binding on owners, tenants etc.
Promoters, owners, tenants and their employees are all bound by the Act, declaration and bye-laws; Association decisions lawfully made are binding on all owners. S.30
Sections 31–39 — Miscellaneous
Competent/Appellate Authorities are public servants (S.31); good-faith action protection (S.32); rule-making power (S.33); power to remove difficulties within 2 years (S.34); power to exempt in cases of undue hardship (S.35); overriding effect over inconsistent laws (S.36); Transfer of Property Act applies where not inconsistent (S.37); repeal of the Odisha Apartment Ownership Act, 1982 (S.38); repeal of the 2023 Ordinance with savings (S.39). S.31–S.39
6. Odisha Apartment (Ownership and Management) Rules, 2023 — Finalized Rules
The Odisha Apartment (Ownership and Management) Rules, 2023 are the finalized and operative Rules made under the Act. The uploaded copy of these Rules did not render extractable text content for this page (the source document contained no readable text). Accordingly, the detailed rule-by-rule content that would ordinarily appear here — prescribed forms, model bye-law text, particulars, fees and timelines set out specifically in the Rules — is not established by the supplied source material and is not reproduced or invented here.
Wherever this guide refers to a requirement as being under the "finalized Rules," but the precise rule number or wording could not be verified from the uploaded Rules document, this page instead relies on the corresponding provision of the Odisha Apartment Act, 2023, the 2026 SOP, or notes the gap expressly. Readers relying on the Rules for a live registration or governance matter should obtain a certified/gazette copy of the Rules directly.
What is known from the Act about matters left to the Rules
- The manner and particulars of the deed of transfer of apartment. Apartment Act — S.3(n), S.8(1)–(3)
- The form and manner of the Declaration and its amendment. Apartment Act — S.9(1),(2),(5)
- The form and manner of application for Association registration, and the contents/particulars of bye-laws before execution of a registered conveyance. Apartment Act — S.15(1), S.16(2)
- Computation of undivided interest for mixed-use (non-residential) buildings. Apartment Act — S.4(1) proviso
- General rule-making power covering "all matters expressly required or allowed by this Act to be prescribed." Apartment Act — S.33
7. Model Bye-laws — Association Governance
The Act requires that Association bye-laws (framed in consonance with model bye-laws prescribed under the Rules) address the following matters, among others. The exact model bye-law text is prescribed by the Rules; the subject-matters the bye-laws must cover are set out in the Act itself:
Manner of electing the Executive Committee, its size, term, powers, removal, and delegation to office-bearers S.16(3)(a)
Manner of calling meetings and quorum S.16(3)(b)
Election of President (presides over meetings) S.16(3)(c)
Election of Secretary (maintains minute book) S.16(3)(d)
Election of Treasurer (financial records, audit responsibility) S.16(3)(e)
Creation of Association Fund S.16(3)(f)
Custody of land/title records including the deed in Association's favour S.16(3)(g)
Maintenance, repair, replacement of common areas and payments therefor S.16(3)(h)
Manner of collecting owners' share of common expenses S.16(3)(i)
Engagement/removal of maintenance staff S.16(3)(j)
Method of adopting/amending administrative rules for common-area use S.16(3)(k)
Restrictions to prevent unreasonable interference in use of apartments/common areas S.16(3)(l)
Percentage of votes required to amend bye-laws S.16(3)(m)
Leasing retained areas for commercial purposes and distributing surplus with Competent Authority approval S.16(3)(n)
Audit, accounts, administration, AGM/SGM, and annual reports S.16(3)(o)
Any departure from, variation of, addition to or omission from the model bye-laws requires prior Competent Authority approval. S.16(2) Associations registered before this Act under earlier law or the Societies Registration Act, 1860 are deemed Associations of Allottees, but must align their bye-laws with the model bye-laws within six months of commencement. S.15(1) proviso
8. Common Areas & Facilities
Project land (or phase land as approved by ORERA)
Staircases, lifts, lift lobbies, fire escapes
Common entrances and exits
Basements, terraces, parks, play areas, open parking, common storage
Staff/watch-and-ward/community-service lodging
Electricity, gas, water, sanitation, AC, incinerating, water-conservation and renewable-energy installations
Water tanks, sumps, motors, fans, compressors, ducts and apparatus
Community and commercial facilities provided in the project
Other portions necessary/convenient for maintenance, safety and common use
Rainwater harvesting, solid waste management, composting, plantation and notified uses
Apartment Act — S.3(i)
Private apartment vs common area
An apartment owner has exclusive ownership/possession of his apartment and an undivided interest — not exclusive ownership — in the common areas and facilities. S.4(1) The undivided share cannot be separated or partitioned. S.4(2) proviso Service areas and basements may only be used for parking or other Association-permitted maintenance purposes; owners must not use them otherwise. S.12(1)(c)
9. Ownership Model
Apartment (exclusive ownership)
+
Undivided interest
↓
Common Areas & Facilities
↓
Association of Allottees
↓
Collective management
An apartment together with its undivided interest is heritable and transferable immovable property, transferable by sale, mortgage, lease, gift, exchange or otherwise, and may be bequeathed. S.4(2) No apartment or undivided interest can be partitioned or subdivided; a contrary covenant is void. S.4(2) proviso The Transfer of Property Act, 1882 applies to apartments except where inconsistent with the Act. S.37
10. Declaration
Who submits
The promoter, to the Competent Authority, within 30 days of issue of the Occupancy Certificate. S.9(1)
The promoter, to the Competent Authority, within 30 days of issue of the Occupancy Certificate. S.9(1)
If promoter cannot submit
Where apartments were handed over before commencement and the promoter cannot submit the declaration for reasons beyond his control, the Competent Authority, after hearing the promoter and owners' association, may allow the Association to submit it instead. S.9(2)
Where apartments were handed over before commencement and the promoter cannot submit the declaration for reasons beyond his control, the Competent Authority, after hearing the promoter and owners' association, may allow the Association to submit it instead. S.9(2)
Declaration Completeness Checklist
On receipt, the Competent Authority scrutinises the declaration and enters it in the prescribed register. S.9(4) It may be amended in circumstances/manner as prescribed. S.9(5)
11. Deed of Transfer of Apartment
Prepare deed
↓
Collect documents
↓
Competent Authority
↓
Scrutiny
↓
Endorsement
↓
Registering Officer
↓
Registration
↓
Certified copy
↓
Record with Competent Authority
The deed must be executed within three months of the Occupancy Certificate and registered under the Registration Act, 1908. Apartment Act — S.8(1) Endorsement by the Competent Authority is returned within 15 days for presentation before the Registering Officer within 30 days as prescribed under the Act. 2026 SOP — Para 8.5 The Registering Officer ordinarily relies on the endorsement and does not re-examine certified compliances, except in cases of apparent fraud, impersonation, stamp/fee deficiency, lack of jurisdiction or statutory prohibition. 2026 SOP — Para 8.6
12. 2026 Government Apartment Registration SOP
The Government of Odisha issued a Standard Operating Procedure (SOP) for registration of apartments via Resolution No. RDM-Res-Policy-0001-2025 dated June 2026, to ensure transparency and uniformity in registering apartment-related documents given varying interpretations of the Apartment Act, RERA, and the Registration Act, 1908. 2026 SOP — Para 1
Legal framework relied upon by the SOP
The Registration Act 1908; the Registration (Odisha Amendment) Act 2013; the Odisha Registration Rules 1988; the RERA Act 2016; the Odisha RERA Rules 2017; the Odisha Apartment Act 2023; the Odisha Apartment Rules 2023; Notification Nos. 3804 (16.02.2024) and 24100 (13.10.2025) appointing Competent Authorities; Special Order No. 29259 (03.12.2025) and Special Order No. 2470 (12.06.2026) under Section 35 of the Apartment Act. 2026 SOP — Para 2
Applicability
Applies to registration of documents relating to apartment projects governed by the Apartment Act — residential, commercial, mixed-use, and projects with more than one apartment (whether or not RERA-registrable). The 8-apartment RERA threshold determines only RERA applicability and does not exclude smaller multi-owner projects from the Apartment Act. 2026 SOP — Para 3 It does not ordinarily apply to stand-alone dwelling houses not transferred as apartments, Government buildings, or buildings owned/occupied by a single owner and not transferred as apartments. 2026 SOP — Para 3.3
14. Association of Allottees Dashboard
Formation
Notwithstanding any agreement or deed, promoter and allottees are jointly responsible for forming the Association once 50% of allottees or 7 allottees (whichever is lower) have been allotted apartments. S.14(2) A single Association ordinarily exists per project; mixed-occupancy projects (residential/commercial/EWS) may have separate Associations, in which case common areas for each must be clearly delineated. S.14(4)
Apartment allottees
↓
Application
↓
Documents & bye-laws
↓
Competent Authority
↓
Scrutiny
↓
Registration (within 60 days)
↓
Certificate
↓
Functioning Association
The application for formation must be submitted within six months of commencement of the Act. S.15(1) The Competent Authority registers the Association and issues a certificate within 60 days of receiving the application, after satisfying itself of consonance with the Act, Rules and RERA. S.15(2)
Membership & voting
An allottee (irrespective of the number of apartments held, including via family/related entities) counts as one member with one vote. S.14(6) The promoter is a member (with one vote) for unallotted/unsold apartments and remains liable for maintenance charges on them until allotment. S.14(7),(8) Membership ceases on cancellation/termination of allotment or as provided in bye-laws. S.14(9)
Powers and responsibilities
- Administering common areas per the Act and bye-laws. S.16(1)
- Exclusive right (subject to Competent Authority powers) to maintain common areas, directly or via an appointed agency. S.16(5)
- Executive Committee/authorised persons may access apartments at reasonable hours for common-area maintenance/emergency repairs. S.16(6)
- Proper signage for common facilities (parking, sub-station, generator rooms, water tanks, pump/maintenance rooms, fire-fighting equipment etc.) S.16(7)
- All maintenance/security/advance charges must be collected only into a Scheduled Bank account in the Association's name. S.16(8)
15. Owner Rights & Duties
- Exclusive ownership and possession of the apartment plus undivided interest in common areas. S.4(1)
- Right to heritance, sale, mortgage, lease, gift or exchange of the apartment (subject to no partition/subdivision of undivided interest). S.4(2)
- Membership and one vote in the Association. S.14(6)
- Right to appeal Association action curtailing services within 30 days to the Competent Authority. S.19(3)
- Right to appeal Competent Authority orders/directions to the Appellate Authority within 30 days. S.25(2)
- Under RERA, rights to project information, stage-wise schedule, possession claim, refund/compensation on promoter default, and post-possession documents. RERA Act — S.19
Must / Cannot
- Abide by bye-laws S.12(1)(a)
- Use common areas only for their intended purpose without hindering others S.12(1)(b)
- Not use service areas/basements except as earmarked parking or Association-permitted use S.12(1)(c)
- Maintain the apartment at own cost in good repair; not damage common structures S.12(1)(d)
- Not alter/add to the apartment without complying with the Act S.12(1)(e)
- Keep walls, sewers, drains, pipes in good condition; not jeopardise building support S.12(1)(f)
- No sign-boards, name-plates, publicity/advertisement material on the facade or exterior S.12(1)(g)
- No change to exterior colour scheme/windows/elevation without written Association approval S.12(1)(h)
- No hazardous/combustible goods storage or heavy material in common passages/staircases S.12(1)(i)
- No removal of outer/load-bearing walls S.12(1)(j)
- Electrical load must conform to installed systems S.12(1)(k)
- No work prejudicial to soundness/safety or reducing property value S.12(1)(l)
- No additional structures or excavation of additional basement/cellar S.12(1)(m)
- Liable for own employees'/tenants' acts or omissions S.12(2)
- Cannot escape common-expense liability by waiver of use or abandonment of the apartment S.12(3)
16. Before You Renovate — Decision Guide
Paint / flooring / ordinary interior work
Not shown by the Act as requiring special approval, subject to not damaging structure or common areas. general — S.12(1)(d)
Not shown by the Act as requiring special approval, subject to not damaging structure or common areas. general — S.12(1)(d)
Partition / interior additions to the apartment
The Act requires owners "not to change or alter or make additions to the apartment" without complying with the Act. S.12(1)(e)
The Act requires owners "not to change or alter or make additions to the apartment" without complying with the Act. S.12(1)(e)
Exterior wall / facade / colour / windows
Requires written approval of the Association. S.12(1)(h)
Requires written approval of the Association. S.12(1)(h)
Load-bearing / outer wall removal
Prohibited outright. S.12(1)(j)
Prohibited outright. S.12(1)(j)
Additional structure / excavation of basement/cellar
Prohibited outright. S.12(1)(m)
Prohibited outright. S.12(1)(m)
Common area / service line work
Governed by Association administration of common areas; unauthorised individual interference is not permitted. S.16(1)
Governed by Association administration of common areas; unauthorised individual interference is not permitted. S.16(1)
This guide does not state that every minor interior change requires Association approval; the Act specifically singles out exterior/structural changes for written approval or prohibits them outright. For anything beyond ordinary interior work, check the bye-laws, the sanctioned plan and (where relevant) municipal/building-plan approval requirements.
17. Promoter Compliance Dashboard
Handover of documents
All original project documents (title deeds, lease certificate, approved/as-built plans, statutory compliance certificates, insurance, encumbrance documents, wiring/plumbing diagrams, equipment purchase and AMC documents, etc.) within 30 days of the Occupancy Certificate, with Association acknowledgement copied to the Competent Authority. S.10(1)(a)
All original project documents (title deeds, lease certificate, approved/as-built plans, statutory compliance certificates, insurance, encumbrance documents, wiring/plumbing diagrams, equipment purchase and AMC documents, etc.) within 30 days of the Occupancy Certificate, with Association acknowledgement copied to the Competent Authority. S.10(1)(a)
Transfer of funds
Unpaid collected amounts, security deposits, corpus fund and advances, with interest, within 30 days of the Occupancy Certificate. S.10(1)(b)
Unpaid collected amounts, security deposits, corpus fund and advances, with interest, within 30 days of the Occupancy Certificate. S.10(1)(b)
Interim maintenance
Maintain common areas until the Association is formed, entitled to levy proportionate maintenance charge as per the declaration. S.10(3)
Maintain common areas until the Association is formed, entitled to levy proportionate maintenance charge as per the declaration. S.10(3)
Declaration & deed
Submit the Declaration within 30 days of the Occupancy Certificate S.9(1); execute the deed of transfer within 3 months of the Occupancy Certificate. S.8(1)
Submit the Declaration within 30 days of the Occupancy Certificate S.9(1); execute the deed of transfer within 3 months of the Occupancy Certificate. S.8(1)
RERA obligations
Web-page disclosures, sanctioned plans, agreement for sale, no unauthorised alteration of plans, obtaining Occupancy/Completion Certificate, insurance, execution of conveyance deed, and payment of outgoings until transfer. RERA Act — S.11, S.14, S.16, S.17
Web-page disclosures, sanctioned plans, agreement for sale, no unauthorised alteration of plans, obtaining Occupancy/Completion Certificate, insurance, execution of conveyance deed, and payment of outgoings until transfer. RERA Act — S.11, S.14, S.16, S.17
Other prescribed information
As may be prescribed by Rules. S.10(1)(c)
As may be prescribed by Rules. S.10(1)(c)
18. Defect Liability & Structural Safety
5-Year Promoter Defect Responsibility (Apartment Act)
The promoter must rectify, without further charge, any structural defect or other defect in workmanship, quality or provision of services (or other obligations) within five years from handing over possession. Apartment Act — S.10(2)
The promoter must rectify, without further charge, any structural defect or other defect in workmanship, quality or provision of services (or other obligations) within five years from handing over possession. Apartment Act — S.10(2)
RERA's parallel framework (kept separate)
Under RERA, if a structural/other defect is notified to the promoter within five years of possession, the promoter must rectify it without charge within thirty days; failing which the allottee is entitled to compensation as provided under RERA. RERA Act — S.14(3)
Under RERA, if a structural/other defect is notified to the promoter within five years of possession, the promoter must rectify it without charge within thirty days; failing which the allottee is entitled to compensation as provided under RERA. RERA Act — S.14(3)
30-Year Structural Safety Timeline
Possession
↓
Year 5 — promoter defect liability period ends
↓
Year 30 — mandatory structural stability test
↓
Certified/registered structural engineer inspects
↓
Safe → certificate; re-test every 5 years thereafter
Unsafe → declared unsafe; Competent & Local Authority informed
The Secretary (as trustee) or an authorised office-bearer must obtain a structural stability test upon the building completing 30 years of age; if safe, a fresh certificate is required every five years thereafter; if unsafe even after modification/repair, the engineer must inform the Secretary, Competent Authority and Local Authority. The Association may appeal the engineer's "unsafe" opinion to the Competent Authority within 30 days; that decision is final subject to further appeal. S.21 Disposition-of-property provisions for damage/destruction apply mutatis mutandis where repair/demolition is required. S.21(3), S.22
19. Maintenance & Common Expenses — Who Pays What?
Before Association formation
Promoter maintains common areas and may levy proportionate maintenance charge per the declaration. S.10(3)
Promoter maintains common areas and may levy proportionate maintenance charge per the declaration. S.10(3)
After Association formation
Association administers common areas and collects owners' share of common expenses per bye-laws; funds must be routed through a Scheduled Bank account in the Association's name. S.16(1),(8)
Association administers common areas and collects owners' share of common expenses per bye-laws; funds must be routed through a Scheduled Bank account in the Association's name. S.16(1),(8)
Equal apportionment
Common expenses are charged equally among owners irrespective of the size of undivided interest; common profits are distributed equally too. S.18(1)
Common expenses are charged equally among owners irrespective of the size of undivided interest; common profits are distributed equally too. S.18(1)
Occupant liability
If the owner is not in occupation, the owner and the occupant are jointly and severally liable for common expenses of that apartment. S.18(2)
If the owner is not in occupation, the owner and the occupant are jointly and severally liable for common expenses of that apartment. S.18(2)
First charge
Assessed common expenses constitute a charge on the apartment, with priority over other charges except Government/municipal dues and first-mortgage arrears. S.17
Assessed common expenses constitute a charge on the apartment, with priority over other charges except Government/municipal dues and first-mortgage arrears. S.17
Buyer's liability
Upon purchase, the buyer is liable for unpaid common expenses of the previous owner. S.13
Upon purchase, the buyer is liable for unpaid common expenses of the previous owner. S.13
No fixed monthly maintenance rate is prescribed by the Act; rates are set by the Association/declaration and are project-specific.
Non-Payment of Maintenance — Statutory Timeline
Default in payment
↓
3+ months default
↓
Notice — not less than 7 days
↓
General body resolution to curtail essential supply/service
↓
Certified copy sent to Competent Authority & owner; 15 days must elapse; displayed in the apartment
↓
Owner may appeal to Competent Authority within 30 days
↓
1 year continued default
↓
Recovery as arrears of land revenue
S.19(1)–(3), S.19(2)
20. Insurance & Utility Damage
Association insurance
If required by bye-laws or a majority of owners, the Association insures the property (fire, flood, cyclone and other hazards); the policy is held by the Association as trustee for each owner in their specified percentage; premium is a common expense. Individual owners may separately insure their own apartments. S.20
If required by bye-laws or a majority of owners, the Association insures the property (fire, flood, cyclone and other hazards); the policy is held by the Association as trustee for each owner in their specified percentage; premium is a common expense. Individual owners may separately insure their own apartments. S.20
Damage to service/utility lines
Minor repairs: within 5 days. Major repairs: within 1 month, by the owner responsible for the damage. On failure, the Executive Committee rectifies and recovers costs from that owner. Disputes on magnitude of damage are resolved by mutual agreement, failing which the Executive Committee's decision is final. S.22(2)–(4)
Minor repairs: within 5 days. Major repairs: within 1 month, by the owner responsible for the damage. On failure, the Executive Committee rectifies and recovers costs from that owner. Disputes on magnitude of damage are resolved by mutual agreement, failing which the Executive Committee's decision is final. S.22(2)–(4)
21. RERA & Apartments in Odisha
Registration threshold
Mandatory unless the plot area is ≤500 sq.m or apartments (across all phases) are ≤8. RERA Act — S.3(2)(a)
Mandatory unless the plot area is ≤500 sq.m or apartments (across all phases) are ≤8. RERA Act — S.3(2)(a)
Application
Promoter applies with enterprise details, past-project record, title documents, approvals, sanctioned/layout plans, development plan, allotment/agreement/conveyance proformas, apartment/garage details, agent/contractor details and the required affidavit-declaration. RERA Act — S.4
Promoter applies with enterprise details, past-project record, title documents, approvals, sanctioned/layout plans, development plan, allotment/agreement/conveyance proformas, apartment/garage details, agent/contractor details and the required affidavit-declaration. RERA Act — S.4
70% escrow
70% of amounts realised from allottees must be deposited in a separate scheduled-bank account for construction/land cost, withdrawable proportionately to project completion, certified by engineer/architect/CA. RERA Act — S.4(2)(l)(D)
70% of amounts realised from allottees must be deposited in a separate scheduled-bank account for construction/land cost, withdrawable proportionately to project completion, certified by engineer/architect/CA. RERA Act — S.4(2)(l)(D)
Grant of registration
Authority grants/rejects within 30 days; if it does neither, the project is deemed registered. RERA Act — S.5
Authority grants/rejects within 30 days; if it does neither, the project is deemed registered. RERA Act — S.5
Advance/deposit cap
Promoter cannot accept over 10% of the cost as advance without first entering a registered agreement for sale. RERA Act — S.13
Promoter cannot accept over 10% of the cost as advance without first entering a registered agreement for sale. RERA Act — S.13
Plan alteration restrictions
No addition/alteration to sanctioned plans without allottee consent (or two-thirds consent for building/common-area changes). RERA Act — S.14
No addition/alteration to sanctioned plans without allottee consent (or two-thirds consent for building/common-area changes). RERA Act — S.14
Transfer of title (Section 17)
Promoter must execute a registered conveyance in the allottee's favour with proportionate common-area title to the Association/Competent Authority, and hand over possession/documents, within 3 months of Occupancy Certificate absent local law. RERA Act — S.17
Promoter must execute a registered conveyance in the allottee's favour with proportionate common-area title to the Association/Competent Authority, and hand over possession/documents, within 3 months of Occupancy Certificate absent local law. RERA Act — S.17
Refund & compensation
If the promoter fails to deliver possession per the agreement, the allottee may seek a refund with interest and compensation, or interest for delay if not withdrawing. RERA Act — S.18
If the promoter fails to deliver possession per the agreement, the allottee may seek a refund with interest and compensation, or interest for delay if not withdrawing. RERA Act — S.18
Allottee duties
Timely payments, participation in Association formation and conveyance registration, taking possession within 2 months of the Occupancy Certificate. RERA Act — S.19
Timely payments, participation in Association formation and conveyance registration, taking possession within 2 months of the Occupancy Certificate. RERA Act — S.19
Regulatory structure
Authority (S.20), Appellate Tribunal (S.43), Adjudicating Officer for compensation claims under Sections 12/14/18/19 (S.71). RERA Act
Authority (S.20), Appellate Tribunal (S.43), Adjudicating Officer for compensation claims under Sections 12/14/18/19 (S.71). RERA Act
Odisha-specific procedure
Applications are made in Form I under the ORERA Regulations, 2017, with fees per sq.m of plot area exceeding 500 sq.m (₹5/sq.m residential up to ₹2.5 lakh; ₹10/sq.m commercial up to ₹5 lakh; ₹7/sq.m mixed up to ₹3 lakh). ORERA Regulations 2017 — Reg.3,4 Complaints to the Authority (Form VI) or Adjudicating Officer (Form VII) carry a ₹1,000 fee. ORERA Regulations 2017 — Reg.6,7 The interest rate payable by promoter/allottee is SBI's highest MCLR + 2%. Odisha RERA Rules 2017 — Rule 16 Refunds must be paid within 45 days of becoming due. Odisha RERA Rules 2017 — Rule 17
22. RERA vs Odisha Apartment Act — Comparison
RERA and the Odisha Apartment (Ownership and Management) Act, 2023 perform different but overlapping functions in the apartment ecosystem. The applicable legal route depends on the issue, project and facts.
| Aspect | RERA (2016 Act + Odisha Rules/Regulations) | Odisha Apartment Act, 2023 |
|---|---|---|
| Purpose | Regulate promoters and real estate projects; protect allottee interests during development/sale | Govern ownership, transfer and management of apartments after construction |
| Applicability trigger | Plot >500 sq.m or >8 apartments (subject to exemptions) | Any apartment/building on qualifying freehold/leasehold land, any size |
| Project registration | Mandatory registration with ORERA where threshold met RERA S.3 | No project "registration" — Declaration/deed registration instead |
| Key document | Agreement for Sale RERA S.13 | Declaration Apt Act S.9 and Deed of Transfer Apt Act S.8 |
| Association | Promoter must enable Association formation RERA S.11(4)(e) | Detailed statutory formation, registration, bye-laws and governance Apt Act S.14–S.16 |
| Common areas | Defined for RERA purposes RERA S.2(n) | Defined and governed in detail, including maintenance and charge provisions |
| Defect liability | 5 years; rectify within 30 days of notice RERA S.14(3) | 5 years; rectify without further charge Apt Act S.10(2) |
| Regulator | Odisha Real Estate Regulatory Authority; Adjudicating Officer; Appellate Tribunal | Competent Authority; Appellate Authority |
| Penalties | Percentage of project/unit cost RERA S.59–S.68 | Fixed sums with daily continuing fines Apt Act S.26 |
23. Parking — Legal Guide
Open parking
Listed as a common area/facility. Apartment Act — S.3(i)(iii)
Listed as a common area/facility. Apartment Act — S.3(i)(iii)
Covered parking / garage
Covered parking is defined under ORERA Regulations as parking under stilt/basement/multilevel/roof-top or with a covered roof but no side walls. A garage (with a roof and three walls) is separately defined under RERA. ORERA Regulations 2017 — Reg.2(1)(c); RERA Act — S.2(y)
Covered parking is defined under ORERA Regulations as parking under stilt/basement/multilevel/roof-top or with a covered roof but no side walls. A garage (with a roof and three walls) is separately defined under RERA. ORERA Regulations 2017 — Reg.2(1)(c); RERA Act — S.2(y)
Basement
Owners must not use basements/service areas except as earmarked parking (or other Association-permitted maintenance use). Apartment Act — S.12(1)(c)
Owners must not use basements/service areas except as earmarked parking (or other Association-permitted maintenance use). Apartment Act — S.12(1)(c)
Disclosure requirement
The number and area of garages, and covered/open parking, must be disclosed in the RERA registration application and on the RERA website. RERA Act — S.4(2)(i); Odisha RERA Rules 2017 — Rule 15(1)(b)(iii)(C)
The number and area of garages, and covered/open parking, must be disclosed in the RERA registration application and on the RERA website. RERA Act — S.4(2)(i); Odisha RERA Rules 2017 — Rule 15(1)(b)(iii)(C)
Whether specific parking spaces are individually owned, allotted for exclusive use, or remain part of the common areas depends on the sanctioned plan, the Declaration and the project's Agreement for Sale/Deed of Transfer. This is not established as a uniform, one-size-fits-all rule by the supplied source material — check the project documents.
24. Why the Occupancy Certificate Matters
The Occupancy Certificate (OC) is the certificate (by whatever name called) issued by the Local Authority permitting occupation of a building. Apartment Act — S.3(p); RERA Act — S.2(zf)
- The Declaration must be submitted within 30 days of the OC. Apt Act — S.9(1)
- The Deed of Transfer must be executed within 3 months of the OC. Apt Act — S.8(1)
- Original documents and funds must be handed to the Association within 30 days of the OC. Apt Act — S.10(1)
- Handing over possession without an OC is a specific promoter offence under the Act. Apt Act — S.26(1)(d)
- Under the 2026 SOP, Category-III deeds cannot be registered unless the OC has been obtained. 2026 SOP — Para 7(B)(b)
25. 2026 Registration Document Checklist
For Section 8 endorsement, the promoter/transferor must submit the following to the Competent Authority: 2026 SOP — Para 8.1
26. Competent Authority Scrutiny Checklist
- Competent Authority has territorial jurisdiction over the project
- Project falls within the ambit of the Apartment Act
- Application submitted by promoter/transferor or authorised representative
2026 SOP — Annexure I
- Draft Deed of Transfer
- Occupancy Certificate
- Odisha RERA Registration Certificate, wherever applicable
- Approved Building Plan
- Association Registration Certificate
- Registered Declaration and amendments, if any
- Details of common areas and facilities
- Deed relating to transfer of common areas and facilities
- Previous title documents
- Any other prescribed document
2026 SOP — Annexure I
- Association duly constituted and registered
- Section 9 Declaration duly registered
- Common areas and facilities properly identified
- Undivided interest appurtenant to apartments properly specified
- Transfer of common areas complies with Section 8(1) and Rule 7
- Section 8(2) requirements complied with
2026 SOP — Annexure I
- Endorsement issued under Section 8(4) and 8(5) of the Act
- Endorsed document returned to the applicant
2026 SOP — Annexure I
27. Category I, II & III — 2026 SOP Classification
| Category I | Category II | Category III |
|---|---|---|
| Resale of pre-RERA apartments where the first deed of transfer was registered before 05.10.2016, covered by Special Order No. 29259 dated 03.12.2025. | Pre-RERA apartments in projects completed before 05.10.2016, where unsold inventory remains with the promoter/landowner, covered by Special Order No. 2470 dated 12.06.2026. | Other apartments governed by the Odisha Apartment Act, 2023 — projects with deed of transfer registered on or after 05.10.2016. |
| Exempt from Section 8(2) document production. Transferor produces original registered deed, chain-of-title documents, and registration-law documents; declarations per the Special Order must be incorporated. | Exempt from Section 8(2), subject to Special Order conditions: project completed pre-05.10.2016; ≥50% units transferred by registered deed on/before that date; the apartment forms part of the original approved plan. Promoter/landowner produces approved plan, Association NOC, compliance undertaking, and registration-law documents. | Full Section 8 compliance: RERA registration where mandatory; Occupancy Certificate; registered Association; registered Section 9 Declaration; Competent Authority endorsement under S.8(4)/(5); common-area transfer deed executed or presented simultaneously. |
Registration ≠ Regularisation. The SOP expressly states that registration under Category I or II shall not be construed as regularisation of any unauthorised construction, deviation from approved plans, or violation of building laws. 2026 SOP — Para 7(A) Category-I cl.5, Category-II cl.6
28. Buyer Due-Diligence Checklist
29. Document Vault — What to Keep
Statutory documents
- Registered Deed of Transfer S.8
- Registered Declaration and amendments S.9
- Occupancy Certificate S.3(p)
- Association Registration Certificate S.15
- Bye-laws S.16
Recommended records (not necessarily statutorily mandatory for the individual owner)
- Allotment letter and Agreement for Sale
- Payment receipts
- Possession letter
- Sanctioned/approved plan copy
- Insurance policy documents
- Maintenance payment records
- Association meeting notices/minutes/resolutions
- Correspondence with promoter/Association
30. Dispute Resolution — Where Should I Go?
RERA / promoter-project issue
Complaint to the ORERA Authority (Form VI) or the Adjudicating Officer for compensation claims under RERA Sections 12, 14, 18, 19 (Form VII). ORERA Regulations 2017 — Reg.6,7; RERA Act S.71
Complaint to the ORERA Authority (Form VI) or the Adjudicating Officer for compensation claims under RERA Sections 12, 14, 18, 19 (Form VII). ORERA Regulations 2017 — Reg.6,7; RERA Act S.71
Apartment Act / Rule / bye-law issue
Complaint/inquiry before the Competent Authority having territorial jurisdiction. Apt Act — S.23
Complaint/inquiry before the Competent Authority having territorial jurisdiction. Apt Act — S.23
Order of Competent Authority
Appeal to the Appellate Authority within 30 days (extendable on sufficient cause). Apt Act — S.25(2)
Appeal to the Appellate Authority within 30 days (extendable on sufficient cause). Apt Act — S.25(2)
RERA Authority order
Appeal to the Real Estate Appellate Tribunal within 60 days. RERA Act — S.44(2)
Appeal to the Real Estate Appellate Tribunal within 60 days. RERA Act — S.44(2)
Appellate Tribunal order
Appeal to the High Court within 60 days on grounds under CPC Section 100. RERA Act — S.58
Appeal to the High Court within 60 days on grounds under CPC Section 100. RERA Act — S.58
Other civil/property disputes
Depends on the nature of the dispute and is not established as falling under either forum by the source material alone.
Depends on the nature of the dispute and is not established as falling under either forum by the source material alone.
Competent Authority powers
Can call for information/explanation, hold or direct an inquiry, enter apartments (without notice, at reasonable hours) to verify compliance, and issue directions. S.23(2) Has civil-court powers under CPC for summoning witnesses, requiring document discovery, and issuing commissions. S.23(4) Its proceedings are deemed judicial proceedings under the IPC/CrPC. S.23(5)
31. Penalties Dashboard
Promoter — specific offences
Failure to submit the Declaration; failure to form the Association; failure to execute the deed of transfer; handing over possession without an Occupancy Certificate. Punishable, on conviction, with fine up to ₹5 lakh plus a further fine up to ₹2,000 per day of continuing contravention after conviction. Apt Act — S.26(1)
Failure to submit the Declaration; failure to form the Association; failure to execute the deed of transfer; handing over possession without an Occupancy Certificate. Punishable, on conviction, with fine up to ₹5 lakh plus a further fine up to ₹2,000 per day of continuing contravention after conviction. Apt Act — S.26(1)
General contravention
For any other contravention of the Act, rules, bye-laws, deed or declaration covenants, or acts detrimental to public health/safety, the Competent Authority may (after show-cause) impose a penalty up to ₹20,000 plus up to ₹1,000 per day of continuing breach. Apt Act — S.26(2)
For any other contravention of the Act, rules, bye-laws, deed or declaration covenants, or acts detrimental to public health/safety, the Competent Authority may (after show-cause) impose a penalty up to ₹20,000 plus up to ₹1,000 per day of continuing breach. Apt Act — S.26(2)
Recovery
Unpaid penalties are recoverable as arrears of land revenue. Apt Act — S.26(3)
Unpaid penalties are recoverable as arrears of land revenue. Apt Act — S.26(3)
RERA penalties
Range from up to 5–10% of estimated project cost (or unit cost, for agents/allottees), plus imprisonment up to 1–3 years for continued non-compliance with Authority/Tribunal orders. RERA Act — S.59–S.68
Range from up to 5–10% of estimated project cost (or unit cost, for agents/allottees), plus imprisonment up to 1–3 years for continued non-compliance with Authority/Tribunal orders. RERA Act — S.59–S.68
32. Selling / Reselling an Apartment
Check title
↓
Check registered deed
↓
Check Association dues
↓
Check common expenses
↓
Check Declaration
↓
Check transfer documents
↓
Check registration category (I/II/III)
↓
Execute transfer
↓
Register
↓
Update Association records
The purchaser is statutorily liable for all unpaid common expenses attaching to the apartment at the time of sale, regardless of who incurred them. Apt Act — S.13 If the apartment was first sold before 05.10.2016, the resale may fall under Category I of the 2026 SOP (subject to the Special Order conditions). 2026 SOP — Para 6
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34. Frequently Asked Questions
35. Primary Legal Sources
Odisha Apartment (Ownership and Management) Act, 2023
Odisha Act 8 of 2023, notified 27 October 2023, deemed effective 28 June 2023. Statute consolidating apartment ownership, transfer and management law.
Odisha Act 8 of 2023, notified 27 October 2023, deemed effective 28 June 2023. Statute consolidating apartment ownership, transfer and management law.
Odisha Apartment (Ownership and Management) Rules, 2023
Finalized and operative Rules made under the above Act. (Detailed text not extractable from the uploaded copy — see Section 6.)
Finalized and operative Rules made under the above Act. (Detailed text not extractable from the uploaded copy — see Section 6.)
Government of Odisha Apartment Registration SOP
Resolution No. RDM-Res-Policy-0001-2025, June 2026, Revenue & DM Department — Standard Operating Procedure for registration of apartments.
Resolution No. RDM-Res-Policy-0001-2025, June 2026, Revenue & DM Department — Standard Operating Procedure for registration of apartments.
Real Estate (Regulation and Development) Act, 2016
Act No. 16 of 2016 (Parliament), 25 March 2016 — national real-estate regulatory statute.
Act No. 16 of 2016 (Parliament), 25 March 2016 — national real-estate regulatory statute.
Odisha Real Estate (Regulation & Development) Rules, 2017
S.R.O. No. 76/2017, 25 February 2017 — State Rules under RERA.
S.R.O. No. 76/2017, 25 February 2017 — State Rules under RERA.
Odisha Real Estate Regulatory Authority Regulations, 2017
S.R.O. No. 373/2017, 29 August 2017 — ORERA procedural regulations, forms and fees.
S.R.O. No. 373/2017, 29 August 2017 — ORERA procedural regulations, forms and fees.
Special Orders referenced by the 2026 SOP
Special Order No. 29259 dated 03.12.2025 and Special Order No. 2470 dated 12.06.2026, issued under Section 35 of the Apartment Act; Notification Nos. 3804 (16.02.2024) and 24100 (13.10.2025) appointing Competent Authorities.
Special Order No. 29259 dated 03.12.2025 and Special Order No. 2470 dated 12.06.2026, issued under Section 35 of the Apartment Act; Notification Nos. 3804 (16.02.2024) and 24100 (13.10.2025) appointing Competent Authorities.
Legal position covered by this guide: Apartment Act — 2023 · Apartment Rules — 2023 (finalized) · Registration SOP — June 2026 · RERA Act — 2016 · Odisha RERA Rules — 2017 · ORERA Regulations — 2017.
Always verify subsequent amendments, notifications, circulars, special orders and judicial decisions before relying on this guide for a live transaction or dispute.
Always verify subsequent amendments, notifications, circulars, special orders and judicial decisions before relying on this guide for a live transaction or dispute.
36. Apartment Law in Odisha — At a Glance
Before buying
Verify title, approvals, RERA status, Occupancy Certificate, Declaration, Association registration and transfer documents.
Verify title, approvals, RERA status, Occupancy Certificate, Declaration, Association registration and transfer documents.
Before possession
Verify Occupancy Certificate, possession documents, promised facilities and any known defects.
Verify Occupancy Certificate, possession documents, promised facilities and any known defects.
After purchase
Register the transfer, preserve all records, and follow the bye-laws.
Register the transfer, preserve all records, and follow the bye-laws.
As an owner
Maintain the apartment, pay common expenses, respect common-area restrictions.
Maintain the apartment, pay common expenses, respect common-area restrictions.
As an Association
Maintain common areas, accounts and records; comply with statutory obligations.
Maintain common areas, accounts and records; comply with statutory obligations.
As a promoter
Complete Declaration, Association, common-area transfer and handover obligations on time.
Complete Declaration, Association, common-area transfer and handover obligations on time.
When selling
Verify title, clear dues, and complete transfer/registration formalities.
Verify title, clear dues, and complete transfer/registration formalities.
When disputing
Identify whether the issue is a RERA matter, an Apartment Act/Rules matter, a registration-law matter, a contractual matter, or falls under another legal framework.
Identify whether the issue is a RERA matter, an Apartment Act/Rules matter, a registration-law matter, a contractual matter, or falls under another legal framework.