Real Estate & Property Law

Apartment Laws in Odisha, Ultimate Guidance Till 2026

Apartment Laws in Odisha, Ultimate Guidance Till 2026
Apartment Rules in Odisha: The Complete Legal, Tax & Ownership Guide (2026) | Bismay Dash
Bismay Dash and Associates | Knowledge Centre

Apartment Laws (Acts, Rules & Regulations) in Odisha

The complete legal, taxation and ownership guide to apartment living and buying in Odisha — covering the Odisha Apartment (Ownership and Management) Act, 2023, its finalized Rules, the Real Estate (Regulation and Development) Act, 2016 (RERA), the 2026 Government Registration SOP, the landmark 2026 Stamp Duty reform, GST, TDS, capital gains, property tax, Association governance, owner rights, defects liability, and buyer due diligence — with live, interactive calculators.

By Bismay Dash, Advocate 📅 ⏳ ~45 min read ⚖ Legal + Tax + Practical 🧮 Live Calculators
Quick Answer

Apartment ownership and management in Odisha is governed by the Odisha Apartment (Ownership and Management) Act, 2023 (operative from 28 June 2023) and its 2024 Rules, while projects above 500 sq.m or with more than 8 apartments also fall under RERA 2016 and ORERA oversight. In 2026, key costs are a uniform 5% stamp duty on individual flat deeds (4% for women buyers), a flat ₹50,000 stamp duty plus ₹20,000 registration for the Association’s common-area transfer, GST of 1% (affordable) or 5% (others) on under-construction apartments, 1% TDS on purchases of ₹50 lakh or more, and BMC holding tax at 17.5% of annual value. Once 50% of allottees (or 7 allottees, whichever is lower) come together, the Association of Allottees must be formed, and buyers are protected by a 5-year defect liability (RERA s.14(3)) together with a structural audit due every 30 years (Apartment Act s.21).

Current registration procedureGovernment Apartment Registration SOP — June 2026
2026 stamp-duty reformIndian Stamp (Odisha Amendment) Ordinance, 2026 — 5% on individual flat deeds; flat ₹50,000 for Association's common-area transfer
Tax stackGST (1%/5%) + TDS (Section 194-IA of Income-tax Act, 1961 → Section 393(1) of the Income-tax Act, 2025) of Income-tax Act, 2025) + Capital Gains (Sections 54/54EC/54F of Income-tax Act, 1961 → Sections 84/85/86 of the Income-tax Act, 2025 of Income-tax Act, 2025)

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 sits on top of both to standardise the registration of apartment-related documents, and a 2026 stamp-duty reform now governs the cost of registering those documents.

↓ ↓
Notifications / Special Orders
↓ ↓
2026 Stamp-Duty Reform (Indian Stamp Amendment Ordinance)
↓
Declaration → Deed of Transfer → Association of Allottees → Bye-laws

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 — Section 1, Section 2 RERA separately regulates promoters and project registration where the statutory thresholds are met. RERA Act 2016 — Section 3

The four laws you must know

1. The Apartment Act, 2023
Governs how an apartment is owned, transferred, declared, managed, insured and, if needed, redeveloped — everything that happens after a building becomes apartments. It creates the Association of Allottees, the Declaration, the Deed of Transfer, the Competent Authority and the Appellate Authority.
2. The Apartment Rules, 2024
The subordinate legislation that prescribes forms, fees, timelines, model bye-laws and the manner of computing undivided interest. The Act tells you what; the Rules tell you how.
3. RERA, 2016 (and Odisha RERA Rules/Regs, 2017)
Governs the promoter's conduct before and during sale — project registration, the Agreement for Sale, the defect-liability period, the 70% escrow, advertising discipline and the buyer's right to information, possession and refund.
4. The 2026 SOP & the 2026 Stamp Amendment
The SOP standardises how registering officers verify compliance; the stamp amendment fixes the cost of the documents the SOP requires. Together they make the paper trail predictable.

Quick Reference: Apartment Rules in Odisha

Governing Law: Odisha Apartment (Ownership and Management) Act 2023 (OAOM Act) + OAOM Rules 2024 + RERA 2016 + Registration Act 1908

Stamp Duty: 5% of market/consideration value (4% for women buyers); Rs 50,000 for common areas transfer

Registration Fee: 2% of property value; Rs 20,000 for common areas

GST: 0% on ready-to-move-in; 1% affordable / 5% non-affordable on under-construction

TDS: 1% under Section 194-IA if consideration is Rs 50 lakh or more

Defect Liability: 5 years under RERA; 30-year structural audit under Apartment Act

Registration Categories: Category-I (Pre-RERA resale), Category-II (Pre-RERA unsold), Category-III (Post-RERA)

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 — Section 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 — Section 3(b)
Freehold or qualifying leasehold (30+ years)?
Only these land tenures are covered by the Act. Apartment Act — Section 2(1)
8 or more apartments, or land > 500 sq.m?
RERA registration is ordinarily mandatory if plot ≤500 sq.m or ≤8 apartments across phases, unless an exemption applies. RERA Act — Section 3(2)(a)
ORERA clarification: As per MISC No.-25/21 (ORERA Order No. 2009) dated 15/07/2021, if the land area exceeds 500 sq.m but the number of apartments does not exceed 8 (inclusive of all phases), no RERA registration is required.
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
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)
Occupancy Certificate, Association, Declaration all in place?
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

3 Legal Dictionary

Every term below is reproduced from, or closely paraphrases, a statutory definition. When a term is used later in this guide, it carries the meaning set out here.

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 — Section 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 — Section 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 person to whom the apartment is given on rent. Apartment Act — Section 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 — Section 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 — Section 3(t)
Association of Allottees
The association formed/deemed formed under Section 15 of the Apartment Act, 2023 comprising all allottees of the project. Apartment Act — Section 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 — Section 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 — Section 3(j)
Common Profits
Balance of income/rents/profits from common areas after deducting common expenses. Apartment Act — Section 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 — Section 3(l), Section 23
Appellate Authority
The authority appointed under Section 25 of the Apartment Act, 2023, not below the rank of Collector, to hear appeals from the Competent Authority. Apartment Act — Section 3(f), Section 25
Declaration
The declaration submitted by the promoter under Section 9 of the Apartment Act, 2023 describing the land, building, apartments, common areas and other prescribed particulars. Apartment Act — Section 3(m), Section 9
Deed of Transfer of Apartment
A deed executed by the promoter/transferor in the prescribed manner transferring the apartment. Apartment Act — Section 3(n), Section 8
Occupancy Certificate
The certificate issued by the Local Authority permitting occupation of a building. Apartment Act — Section 3(p); RERA Act — Section 2(zf)
Local Authority
Municipal corporation, municipality, panchayat or other constituted local body. Apartment Act — Section 3(o)
Bye-laws
By-laws made by the Association of Allottees under the Act and Rules. Apartment Act — Section 3(h)
Project
Development of a building into apartments (or land into apartments) for sale, including common areas, development works and appurtenances. Apartment Act — Section 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 — Section 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)
Garage
A place with a roof and walls on three sides for parking a vehicle, excluding open/uncovered parking. RERA Act — Section 2(y)
Agreement for Sale
Agreement between promoter and allottee for sale of a plot/apartment/building. RERA Act — Section 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 — Section 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 — Section 2(zm)
Adjudicating Officer
Officer appointed under Section 71 of RERA to adjudge compensation claims. RERA Act — Section 2(a), Section 71
Authority (RERA)
The Real Estate Regulatory Authority established under Section 20 of RERA. RERA Act — Section 2(i)
Long-Term Specified Asset
Bonds redeemable after five years issued by NHAI / REC / PFC / IRFC / HUDCO, eligible for the Section 54EC of the Income-tax Act, 1961 capital-gains exemption. Income-tax Act, 2025 — Section 85 (formerly Section 54EC, Income-tax Act, 1961)

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). Section 2(1) of the Apartment Act, 2023)
  • Any use — residence, office, profession, occupation, trade, business or independent use. Section 2(2) of the Apartment Act, 2023)
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. Section 2(3) of the Apartment Act, 2023)

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 — Section 3(2)(a)

Plain English: If you live in any shared building with two or more separately-owned units in Odisha, the Apartment Act almost certainly touches your ownership — whether or not the project is big enough to need a RERA number. RERA is about the promoter's conduct; the Apartment Act is about how the building is owned and run.

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. Each section is summarised below — expand any block for the detail and its practical meaning. The full text of the Odisha Apartment (Ownership & Management) Act, 2023 is available on the ORERA portal.

Section 1 of the Apartment Act, 2023 — 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. Section 1 of the Apartment Act, 2023
Practical meaning: Applies statewide, retroactively effective from 28.06.2023.
Section 2 of the Apartment Act, 2023 — Applicability
See Applicability section above. Section 2 of the Apartment Act, 2023
Section 3 of the Apartment Act, 2023 — 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. Section 3 of the Apartment Act, 2023
Section 4 of the Apartment Act, 2023 — 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. Section 4 of the Apartment Act, 2023
Example: An owner may mortgage her apartment to a bank, but cannot sell "half" the apartment as a physically separate unit. The undivided interest in the land moves with the apartment automatically — it cannot be sold off separately.
Section 5 of the Apartment Act, 2023 — 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. Section 5 of the Apartment Act, 2023
Section 6 of the Apartment Act, 2023 — 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. Section 6 of the Apartment Act, 2023
Section 7 of the Apartment Act, 2023 — 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 — it cannot be appropriated by the promoter. Section 7 of the Apartment Act, 2023
Section 8 of the Apartment Act, 2023 — 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. Section 8(1) of the Apartment Act, 2023)
Documents to be attached: Occupancy Certificate; Odisha RERA registration certificate (where applicable); Association registration certificate, if any; registered declaration and amendments; other prescribed documents. Section 8(2) of the Apartment Act, 2023)
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. Section 8(4) of the Apartment Act, 2023)
Every such deed and endorsement is compulsorily registrable under the Registration Act, 1908. Section 8(5) of the Apartment Act, 2023)
The Registering Officer forwards a certified copy to the Competent Authority. Section 8(6) of the Apartment Act, 2023)
No deed of transfer in favour of allottees can be executed before the Association is registered under Section 15 of the Apartment Act, 2023. Section 8(9) of the Apartment Act, 2023)
Section 9 of the Apartment Act, 2023 — Declaration
See the dedicated Declaration section below. Section 9 of the Apartment Act, 2023
Section 10 of the Apartment Act, 2023 — Obligations of promoters
See Promoter Obligations dashboard. Section 10 of the Apartment Act, 2023
Section 11 of the Apartment Act, 2023 — 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. Section 11 of the Apartment Act, 2023
Section 12 of the Apartment Act, 2023 — Responsibility of apartment owners
See Owner Duties dashboard. Section 12 of the Apartment Act, 2023
Section 13 of the Apartment Act, 2023 — Liability for unpaid common expenses on transfer
Upon sale of an apartment, the purchaser is held liable for all unpaid common expenses. This is a critical due-diligence point for a buyer — demand a "no-dues" certificate from the Association before closing. Section 13 of the Apartment Act, 2023
Section 14 of the Apartment Act, 2023 — Formation of Association of Allottees
See Association Dashboard. Section 14 of the Apartment Act, 2023
Section 15 of the Apartment Act, 2023 — Procedure for forming the Association
See Association Formation Procedure. Section 15 of the Apartment Act, 2023
Section 16 of the Apartment Act, 2023 — Bye-laws of the Association
See Model Bye-laws section. Section 16 of the Apartment Act, 2023
Section 17 of the Apartment Act, 2023 — 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. Section 17 of the Apartment Act, 2023
Section 18 of the Apartment Act, 2023 — 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. Section 18 of the Apartment Act, 2023
Section 19 of the Apartment Act, 2023 — Association's power to reduce utilities/services
See Non-Payment of Maintenance timeline below. Section 19 of the Apartment Act, 2023
Section 20 of the Apartment Act, 2023 — Insurance
See Insurance section. Section 20 of the Apartment Act, 2023
Section 21 of the Apartment Act, 2023 — Verification of structural stability
See the 30-Year Structural Safety timeline. Section 21 of the Apartment Act, 2023
Section 22 of the Apartment Act, 2023 — 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. Section 22 of the Apartment Act, 2023
Section 23 of the Apartment Act, 2023 — Competent Authority: powers and functions
See Competent Authorities section. Section 23 of the Apartment Act, 2023
Section 24 of the Income-tax Act, 1961 — 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. Section 24 of the Income-tax Act, 1961
Section 25 of the Apartment Act, 2023 — Appellate Authority
See Appeal System. Section 25 of the Apartment Act, 2023
Section 26 of the Apartment Act, 2023 — Penalty
See Penalties dashboard. Section 26 of the Apartment Act, 2023
Section 27 of the Apartment Act, 2023 — 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. Section 27 of the Apartment Act, 2023
Section 28 of the Apartment Act, 2023 — Separate assessment
Each apartment (with its undivided interest) is a separate unit for property/municipal tax assessment. Section 28 of the Apartment Act, 2023
Section 29 of the Apartment Act, 2023 — Redevelopment
In redevelopment, each owner's share equals his percentage of undivided interest in the property. Section 29 of the Apartment Act, 2023
Section 30 of the Apartment Act, 2023 — 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. Section 30 of the Apartment Act, 2023
Sections 31–39 — Miscellaneous
Competent/Appellate Authorities are public servants (Section 31 of the Apartment Act, 2023); good-faith action protection (Section 32 of the Apartment Act, 2023); rule-making power (Section 33 of the Apartment Act, 2023); power to remove difficulties within 2 years (Section 34 of the Apartment Act, 2023); power to exempt in cases of undue hardship (Section 35 of the Apartment Act, 2023); overriding effect over inconsistent laws (Section 36 of the Apartment Act, 2023); Transfer of Property Act applies where not inconsistent (Section 37 of the Apartment Act, 2023); repeal of the Odisha Apartment Ownership Act, 1982 (Section 38 of the Apartment Act, 2023); repeal of the 2023 Ordinance with savings (Section 39 of the Apartment Act, 2023). Apartment Act, 2023 — Sections 31–39

6 Odisha Apartment (Ownership and Management) Rules, 2024 — Finalized Rules

The Odisha Apartment (Ownership and Management) Rules, 2024 are the finalized and operative Rules made under the Act. The full text of the Odisha Apartment (Ownership and Management) Rules, 2024 is available on the ORERA portal. The detailed rule-by-rule content — prescribed forms, model bye-law text, particulars, fees and timelines set out specifically in the Rules — should be read from the official text. The subject-matters the Rules cover are summarised below based on the Act's enabling provisions.

Where this guide refers to a requirement "under the finalized Rules" but the precise rule number could not be verified: 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 — Section 3(n), Section 8(1)–(3)
  • The form and manner of the Declaration and its amendment. Apartment Act — Section 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 — Section 15(1), Section 16(2)
  • Computation of undivided interest for mixed-use (non-residential) buildings. Apartment Act — Section 4(1) proviso
  • General rule-making power covering "all matters expressly required or allowed by this Act to be prescribed." Apartment Act — Section 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 Section 16(3) of the Apartment Act, 2023)(a)
Manner of calling meetings and quorum Section 16(3) of the Apartment Act, 2023)(b)
Election of President (presides over meetings) Section 16(3) of the Apartment Act, 2023)(c)
Election of Secretary (maintains minute book) Section 16(3) of the Apartment Act, 2023)(d)
Election of Treasurer (financial records, audit responsibility) Section 16(3) of the Apartment Act, 2023)(e)
Creation of Association Fund Section 16(3) of the Apartment Act, 2023)(f)
Custody of land/title records including the deed in Association's favour Section 16(3) of the Apartment Act, 2023)(g)
Maintenance, repair, replacement of common areas and payments therefor Section 16(3) of the Apartment Act, 2023)(h)
Manner of collecting owners' share of common expenses Section 16(3) of the Apartment Act, 2023)(i)
Engagement/removal of maintenance staff Section 16(3) of the Apartment Act, 2023)(j)
Method of adopting/amending administrative rules for common-area use Section 16(3) of the Apartment Act, 2023)(k)
Restrictions to prevent unreasonable interference in use of apartments/common areas Section 16(3) of the Apartment Act, 2023)(l)
Percentage of votes required to amend bye-laws Section 16(3) of the Apartment Act, 2023)(m)
Leasing retained areas for commercial purposes and distributing surplus with Competent Authority approval Section 16(3) of the Apartment Act, 2023)(n)
Audit, accounts, administration, AGM/SGM, and annual reports Section 16(3) of the Apartment Act, 2023)(o)
Any departure from, variation of, addition to or omission from the model bye-laws requires prior Competent Authority approval. Section 16(2) of the Apartment Act, 2023) 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. Section 15(1) of the Apartment Act, 2023) 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 — Section 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. Section 4(1) of the Apartment Act, 2023) The undivided share cannot be separated or partitioned. Section 4(2) of the Apartment Act, 2023) proviso Service areas and basements may only be used for parking or other Association-permitted maintenance purposes; owners must not use them otherwise. Section 12(1) of the Apartment Act, 2023)(c)

Why this matters in 2026: Under the new stamp-duty regime, common areas are transferred to the Association for a flat fee of ₹50,000 (see the Stamp Duty section). That makes defining exactly what counts as a common area — and what remains the promoter's unsold apartment — financially significant for the Association.

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. Section 4(2) of the Apartment Act, 2023) No apartment or undivided interest can be partitioned or subdivided; a contrary covenant is void. Section 4(2) of the Apartment Act, 2023) proviso The Transfer of Property Act, 1882 applies to apartments except where inconsistent with the Act. Section 37 of the Apartment Act, 2023

How the undivided interest is calculated

Each apartment's undivided interest in the common areas is computed on the built-up-area basis — that is, proportionate to the built-up area of the apartment relative to the total built-up area of all apartments in the project. For mixed-use (non-residential) buildings, the manner of computation is prescribed by the Rules. Section 4(1) of the Apartment Act, 2023) & proviso

10 Declaration

Who submits
The promoter, to the Competent Authority, within 30 days of issue of the Occupancy Certificate. Section 9(1) of the Apartment Act, 2023)
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. Section 9(2) of the Apartment Act, 2023)

Declaration Completeness Checklist

On receipt, the Competent Authority scrutinises the declaration and enters it in the prescribed register. Section 9(4) of the Apartment Act, 2023) It may be amended in circumstances/manner as prescribed. Section 9(5) of the Apartment Act, 2023)

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 — Section 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 2024; 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

3
Registration Categories
05.10.2016
RERA cut-off date
15 days
Endorsement return
₹50,000
Common-area stamp duty

13 Competent Authorities under the 2026 SOP

Deputy Commissioner (Legal), BMC
Within the jurisdiction of Bhubaneswar Municipal Corporation. 2026 SOP — Para 4(a)
Secretary, concerned Development Authority
Within the jurisdiction of that Development Authority. 2026 SOP — Para 4(b)
Concerned Sub-Collector
Within the local limits of the Revenue Sub-Division, excluding Development Authority areas. 2026 SOP — Para 4(c)

The Registering Officer must verify that the required Section 8 of the Apartment Act, 2023 endorsement has been issued by the Competent Authority with territorial jurisdiction over the project. 2026 SOP — Para 4

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. Section 14(2) of the Apartment Act, 2023) 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. Section 14(4) of the Apartment Act, 2023)

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. Section 15(1) of the Apartment Act, 2023) 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. Section 15(2) of the Apartment Act, 2023)

Formation Application Checklist

Use this interactive checklist while preparing the application to form an Association of Allottees. Tick each document as it is assembled — the live tracker below shows your readiness before submission to the Competent Authority. Section 15(1) of the Apartment Act, 2023)

Application Readiness Tracker
0 of 0 documents ready
0%
✓
All documents assembled. Your application is ready for submission to the Competent Authority, who must register the Association and issue a certificate within 60 days. Section 15(2) of the Apartment Act, 2023)
A. Core application documents 4 items
B. General Body Meeting — election of Executive Committee 3 items

Allottees must submit copies of every document relating to the General Body Meeting held for conducting elections to the Executive Committee.

C. Project registered with ORERA — attested copies of registration documents 18 items

Attested copies of every document the promoter submitted for registration of the project with ORERA. Use this group when the project holds a valid ORERA registration.

D. Project NOT registered with ORERA — alternative documents 5 items

Where the project is not registered with ORERA, furnish this alternative set instead of Group C.

Membership & voting

An allottee (irrespective of the number of apartments held, including via family/related entities) counts as one member with one vote. Section 14(6) of the Apartment Act, 2023) The promoter is a member (with one vote) for unallotted/unsold apartments and remains liable for maintenance charges on them until allotment. Section 14(7) of the Apartment Act, 2023), (8) Membership ceases on cancellation/termination of allotment or as provided in bye-laws. Section 14(9) of the Apartment Act, 2023)

Powers and responsibilities

  • Administering common areas per the Act and bye-laws. Section 16(1) of the Apartment Act, 2023)
  • Exclusive right (subject to Competent Authority powers) to maintain common areas, directly or via an appointed agency. Section 16(5) of the Apartment Act, 2023)
  • Executive Committee/authorised persons may access apartments at reasonable hours for common-area maintenance/emergency repairs. Section 16(6) of the Apartment Act, 2023)
  • Proper signage for common facilities (parking, sub-station, generator rooms, water tanks, pump/maintenance rooms, fire-fighting equipment etc.). Section 16(7) of the Apartment Act, 2023)
  • All maintenance/security/advance charges must be collected only into a Scheduled Bank account in the Association's name. Section 16(8) of the Apartment Act, 2023)

15 Owner Rights & Duties

  • Exclusive ownership and possession of the apartment plus undivided interest in common areas. Section 4(1) of the Apartment Act, 2023)
  • Right to heritance, sale, mortgage, lease, gift or exchange of the apartment (subject to no partition/subdivision of undivided interest). Section 4(2) of the Apartment Act, 2023)
  • Membership and one vote in the Association. Section 14(6) of the Apartment Act, 2023)
  • Right to appeal Association action curtailing services within 30 days to the Competent Authority. Section 19(3) of the Apartment Act, 2023)
  • Right to appeal Competent Authority orders/directions to the Appellate Authority within 30 days. Section 25(2) of the Apartment Act, 2023)
  • Under RERA, rights to project information, stage-wise schedule, possession claim, refund/compensation on promoter default, and post-possession documents. RERA Act — Section 19
Can
  • Use the apartment for any permitted purpose in the declaration.
  • Mortgage/lease/gift/sell the apartment + undivided interest together.
  • Vote in Association meetings (one vote per allottee).
  • Access common areas subject to bye-laws.
  • Inspect Association accounts and minutes.
Cannot
  • Partition or subdivide the apartment or undivided interest. Section 4(2) of the Apartment Act, 2023) proviso
  • Use service areas/basements except for parking/Association-permitted maintenance. Section 12(1) of the Apartment Act, 2023)(c)
  • Make structural alterations without compliance with covenants/bye-laws. Section 5 of the Apartment Act, 2023
  • Escape liability for unpaid common expenses on transfer — the buyer inherits it. Section 13 of the Apartment Act, 2023
  • Withhold common-expense payment beyond Association's legal sanctions. Section 17 of the Apartment Act, 2023

16 Renovation Decision Tree

Internal, non-structural changes (painting, tiling, fittings) are within the owner's exclusive domain. Anything that touches structure, common areas, façades or services requires Association and, where applicable, Competent Authority / Local Authority approval.

Identify scope
↓
Structural?
→
Yes → Association + Local Authority approval
Common-area / façade?
→
Yes → Executive Committee resolution
↓
Service/utility line?
→
Rectify within 5 days (minor) / 1 month (major)

Damage to a service/utility line must be rectified by the responsible owner within 5 days (minor) or 1 month (major), failing which the Executive Committee may rectify and recover costs. Apartment Act — Section 22

17 Promoter Obligations

Before sale
Register the project with ORERA where thresholds are met; advertise only after registration; enter into the Agreement for Sale in the prescribed form; maintain the 70% project escrow account. RERA Act — Sections 3, 4, 13
At handover
Obtain and hand over the Occupancy Certificate; execute the Deed of Transfer within 3 months of OC; transfer common areas to the Association. Apartment Act — Section 8; RERA Act — Section 17
Defect liability
Rectify structural/workmanship defects notified within 5 years of possession, free of charge, within 30 days. RERA Act — Section 14(3)
Outgoings
Pay all land cost, ground rent, municipal/local taxes, water/electricity charges, mortgage interest until physical possession is transferred; liable even after transfer for unpaid outgoings collected from allottees. RERA Act — Section 13(4)(g)
Declaration
Submit the Section 9 of the Apartment Act, 2023 Declaration within 30 days of the OC. Apartment Act — Section 9(1)
Association
Enable formation of the Association; remain liable for maintenance of unsold units until allotment. Apartment Act — Sections 14(7), 14(8)

18 Defect Liability & Structural Safety

Defect liability under RERA — the 5-year window

If any structural defect or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter under the Agreement for Sale, is brought to the promoter's notice within a period of five years by the allottee from the date of handing over possession, it is the duty of the promoter to rectify such defects without further charge, within thirty days, failing which the aggrieved allottees are entitled to appropriate compensation. RERA Act, 2016 — Section 14(3)

This 5-year liability survives conveyance. The promoter's responsibility for structural/other defects referred to in Section 14(3) of the RERA Act, 2016) continues even after the conveyance deeds are executed. RERA Act — Section 13(4) proviso

30-Year structural safety audit under the Apartment Act

The Association must cause verification of structural stability at least every 30 years (or as prescribed). Apartment Act — Section 21 This is the long-horizon counterpart to RERA's 5-year defect window: RERA protects you early; the Apartment Act protects you for the life of the building.

Possession
→
0–5 yrs: Promoter defect liability (RERA s.14(3))
→
5–30 yrs: Association maintenance
→
30 yrs: Structural stability audit (Apartment Act s.21)

19 Maintenance & Common Expenses

Common expenses are charged equally among owners irrespective of undivided interest. Section 18 of the Apartment Act, 2023 Unpaid common expenses are a first charge on the apartment, ranking ahead of most other charges except Government/municipal dues and first-mortgage arrears. Section 17 of the Apartment Act, 2023

What happens if an owner does not pay maintenance?

Demand notice
↓
Grace period (per bye-laws)
↓
Association may reduce/suspend utilities/services
↓
Owner may appeal to Competent Authority within 30 days
↓
Charge on apartment survives transfer

The Association may reduce utilities/services for non-payment, subject to the owner's right to appeal to the Competent Authority within 30 days. Section 19 of the Apartment Act, 2023

20 Insurance & Utility Damage

The Association must insure the building against fire and other perils for the full insurable value. Apartment Act — Section 20 If the property is damaged/destroyed and the Association fails to repair/rebuild within 60 days (or extended time), the property is deemed owned in common in proportion to undivided interests, with net sale/insurance proceeds distributed proportionately. Section 22 of the Apartment Act, 2023

21 RERA & Apartments

RERA regulates the promoter's conduct before and during sale. The Odisha Real Estate Regulatory Authority (ORERA) was established with effect from 7 October 2017 under Section 30 of the RERA Act, 2016 of the Real Estate (Regulation and Development) Act, 2016, and operates through its official portal (rera.odisha.gov.in). The State-level framework is laid down by the Odisha Real Estate (Regulation and Development) Rules, 2017 and the ORERA Regulations, 2017. RERA registration is mandatory for real estate projects where the land area exceeds 500 sq.m or the number of apartments exceeds 8 (across all phases). RERA Act — Section 3(2)(a)

ORERA clarification on the 500 sq.m threshold: In MISC No.-25/21 (ORERA Order No. 2009 dated 15/07/2021), ORERA made it clear that if the land area is more than 500 sq.m but the number of apartments proposed to be developed does not exceed 8 (inclusive of all phases), no RERA registration is required.

Key buyer protections under RERA

Right to information about the project, sanctioned plans and approvals. RERA Act — Section 19
Stage-wise schedule of completion; possession claim on delay; refund/compensation. RERA Act — Section 18
70% of project receipts in a separate escrow account. RERA Act — Section 4(2)(l)(D)
No sale/advertisement before registration; no more than 10% advance without Agreement for Sale. RERA Act — Section 13
Title transfer via registered conveyance + undivided common-area title. RERA Act — Section 17
5-year defect liability. RERA Act — Section 14(3)

22 ORERA Fees & Charges

The current fees payable to ORERA, as published on the official ORERA fees page, are set out below. A processing fee of ₹5,000 (for project applications) or ₹1,000 (for agent applications) is collected at the time of submission; the full registration/extension fee is deposited after scrutiny and approval. Applications can be filed through the ORERA online portal (rera.odisha.gov.in).

Project registration fees

Project typeProcessing fee (at application)Registration feeMaximum
Commercial Project₹5,000₹200 per sq.m of project area₹1 crore
Residential — Construction of Flat/Apartment₹5,000₹100 per sq.m of project area₹50 lakh
Mixed Project₹5,000₹150 per sq.m of project area₹75 lakh
Plotted Scheme (Residential)₹5,000₹50 per sq.m of project area₹25 lakh

Source: Odisha Real Estate Regulatory Authority (Amendment) Regulations, 2022

Project validity extension fees

Project typeProcessing fee (at application)Extension feeMaximum
Commercial Project₹5,000Twice the registration fee paid₹1 crore
Residential — Construction of Flat/Apartment₹5,000Twice the registration fee paid₹50 lakh
Mixed Project₹5,000Twice the registration fee paid₹75 lakh
Plotted Scheme (Residential)₹5,000Twice the registration fee paid₹25 lakh

Agent registration & renewal

Fee typeCategoryProcessing feeRegistration / Renewal fee
Agent RegistrationAgency (Firm/Company)₹1,000₹1,00,000
Agent RegistrationIndividual₹1,000₹10,000
Agent Registration RenewalAgency (Firm/Company)₹1,000₹20,000
Agent Registration RenewalIndividual₹1,000₹2,000

Complaint filing fees

Fee typeCategoryFee
Complaint FilingBefore Adjudicating Officer₹1,000
Complaint FilingBefore Regulatory Authority₹1,000
Complaint FilingExecution Petition₹500
Complaint FilingMisc. Case Rectification₹500

ORERA official fees page (rera.odisha.gov.in); ORERA Regulations, 2017 — Regulation 4 as amended

Extension fee rule: The extension (validity extension) fee is always twice the amount of fee paid for registration, subject to the same maximum cap as the registration fee for that project type.
In a June 2026 ruling, the Odisha Real Estate Appellate Tribunal (OREAT) held that ORERA cannot retain the entire registration fee on rejection or delayed withdrawal; it directed refund after deducting only 12% as processing charges and recommended a structured refund mechanism. This aligns with the current system where the ₹5,000 processing fee is collected upfront and the full fee only after approval — eliminating refund disputes for new applications.

23 Model Agreement for Sale (2022 Amended)

The Model Agreement for Sale is the statutorily prescribed contract that every promoter in Odisha must execute with each allottee. It is prescribed under Annexure 'A' of Rule 8(1) of the Odisha Real Estate (Regulation & Development) Rules, 2017, as amended by the Odisha Real Estate (Regulation & Development) (Amendment) Rules, 2022, notified by the Housing & Urban Development Department in the Odisha Gazette No. 2657 dated 12 September 2022. Every Agreement for Sale executed in a RERA-registered project in Odisha must conform to this model format. The full Model Agreement for Sale draft is available on the ORERA portal. The key clauses that a buyer must understand are summarised below.

Why this matters: If a promoter's Agreement for Sale deviates from the model format in a manner that prejudices the allottee, it is a violation of Rule 8(1) of the Odisha RERA Rules, 2017. The allottee can file a complaint with ORERA (₹1,000 fee). ORERA also conducts random audits of Agreement for Sale deeds executed with allottees.

Parties and land title (Clauses A–C, Recitals)

The Agreement opens by identifying the Promoter (whether a company, partnership firm, or individual) and the Allottee (company, partnership, individual, or HUF), with PAN and Aadhaar of authorised signatories. The recitals establish: (A) the Promoter's ownership of the land via registered sale deed, or a collaboration/development agreement with the landowner; (B) the land is earmarked for a residential/commercial/mixed-use project; (C) the Promoter's competence to enter into the Agreement; (D) the commencement certificate from the competent authority; (E) final layout plan approvals; (F) the RERA registration number; and (G) the specific apartment/plot allotted, with carpet area, floor, tower/block, and garage/closed parking details.

Clause 1 — Terms of Sale

Clause 1.2 — Total Price and breakup
The Total Price is based on carpet area (not super-built-up area). The Agreement must include a table showing: block/building/tower number, apartment number, type, floor, rate per square feet, and a breakup of cost of apartment, proportionate cost of common areas, preferential location charges, and taxes. Garage/closed parking prices are listed separately. Clause 1.2, Model Agreement for Sale (2022)
Clause 1.3 — Escalation-free price
The Total Price is escalation-free, except for increases due to development charges payable to the competent authority. The Promoter must enclose the relevant notification/order/rule along with the demand letter. Any imposition of development charges after the scheduled date of completion (including extensions) cannot be charged to the allottee. Model Agreement for Sale (2022) — Clause 1.3
Clause 1.6 — No changes without consent
The Promoter shall not make any additions or alterations in the sanctioned plans, layout plans, specifications, fixtures, fittings or amenities without the previous written consent of the Allottee. Minor additions/alterations required by the Allottee or as permitted under the Act are allowed. Model Agreement for Sale (2022) — Clause 1.6
Clause 1.7 — Carpet area recalculation after OC
After construction is complete and the Occupancy Certificate is granted, the Promoter confirms the final carpet area. If there is a reduction in carpet area, the Promoter must refund the excess money within 45 days with annual interest at the rate specified in the Rules. If there is an increase, the Promoter may demand the difference at the next payment milestone. All adjustments are at the same rate per square feet agreed in Clause 1.2. Model Agreement for Sale (2022) — Clause 1.7
Clause 1.8 — Allottee's ownership rights
(i) The Allottee has exclusive ownership of the apartment/plot.
(ii) The Allottee has an undivided interest in the Common Areas, which cannot be divided or separated.
(iia) The Promoter shall hand over the common areas to the Association of Allottees after obtaining the Occupancy Certificate.
(iii) The Total Price includes recovery of price of land, construction of common areas, internal/external development charges, taxes, electrical connectivity, lift, waterline, plumbing, finishing, fire detection/fire-fighting equipment, and maintenance charges. Model Agreement for Sale (2022) — Clause 1.8
Clause 1.11 — Promoter liable for all outgoings
The Promoter must pay all outgoings (land cost, ground rent, municipal/local taxes, water/electricity charges, maintenance charges, mortgage loan and interest) before transferring physical possession. If the Promoter fails to pay, it remains liable even after transfer of the property, including penal charges and legal proceedings costs. Clause 1.11; RERA Act — Section 13(4)(g)

Clause 7 — Possession

Clause 7.1 — Possession date and Force Majeure
Timely delivery of possession is the essence of the Agreement. The Promoter commits to a specific possession date. If delayed by Force Majeure (war, flood, drought, fire, cyclone, earthquake or other natural calamity), the Promoter is entitled to an extension. If it becomes impossible to implement the project due to Force Majeure, the allotment stands terminated and the Promoter must refund the entire amount received within 45 days, with at least 30 days' prior notice. Model Agreement for Sale (2022) — Clause 7.1
Clause 7.2 — Procedure for taking possession
Upon obtaining the Occupancy Certificate, the Promoter must offer possession in writing to the Allottee, who must take possession within two months. The conveyance deed must be executed within 3 months from the OC date. The Promoter must hand over the OC of the apartment/plot at the time of conveyance. Model Agreement for Sale (2022) — Clause 7.2
Clause 7.5 — Cancellation by Allottee
The Allottee has the right to cancel/withdraw from the project as provided in the Act. If the Allottee cancels without any fault of the Promoter, the Promoter may forfeit the booking amount but must return the balance within 45 days. Model Agreement for Sale (2022) — Clause 7.5
Clause 7.6 — Compensation for delay
If the Promoter fails to give possession on time (except for Force Majeure), the Allottee may:
• Withdraw from the project — the Promoter must return the total amount received with interest at the rate specified in the Rules, within 45 days.
• Continue in the project — the Promoter must pay interest for every month of delay until possession is handed over, payable within 45 days of becoming due.
The Promoter is also liable to compensate for any loss caused by defective title of the land, and such claims are not barred by limitation. Clause 7.6; RERA Act — Section 18

Clause 8 — Promoter's Representations and Warranties

The Promoter warrants: (i) absolute, clear and marketable title to the land; (ii) lawful rights and requisite approvals; (iii) no encumbrances (or discloses any that exist); (iv) no pending litigations; (v) all approvals are valid and subsisting; (vi)-(viii) the Promoter has the right to sell and has not entered into conflicting agreements; (ix) the Promoter will hand over lawful, vacant, peaceful physical possession; (x) the property is not subject to any HUF and no minor has rights over it; (xi) all governmental dues are paid till OC and possession; (xii) no notice from Government or local body has been received.

Clause 9 — Events of Default

Clause 9.1 — Promoter's default
The Promoter is in default if: (i) it fails to provide "ready to move in" possession within the specified time (meaning the apartment is in habitable condition, complete in all respects); or (ii) its registration is suspended or revoked under the Act. Model Agreement for Sale (2022) — Clause 9.1
Clause 9.2 — Allottee's remedies on Promoter default
If the Promoter defaults, the Allottee may:
(i) Stop further payments — the Promoter must correct the situation by completing construction milestones, and only then can the next payment be demanded (without interest);
(ii) Terminate the Agreement — the Promoter must refund the entire money paid under any head, with interest at the rate specified in the Rules, within 45 days;
(iii) Continue and claim interest — if the Allottee does not wish to withdraw, the Promoter pays interest for every month of delay until possession. Model Agreement for Sale (2022) — Clause 9.2
Clause 9.3 — Allottee's default
If the Allottee fails to make payments for consecutive demands despite notice, the Allottee is liable to pay interest on the unpaid amount at the rate specified in the Rules. If the default continues beyond the period specified in the Agreement after notice, the Promoter may cancel the allotment, deduct the booking amount and interest liabilities, and refund the balance. The Promoter must give at least 30 days' prior notice before termination. Model Agreement for Sale (2022) — Clause 9.3

Clause 10 — Conveyance Deed

On receipt of the Total Price, the Promoter must execute a registered conveyance deed conveying the title of the apartment/plot together with undivided interest in common areas, and separately convey the undivided proportionate title in common areas to the Association of Allottees or Competent Authority, within 3 months from the Occupancy Certificate. If the Allottee fails to deposit stamp duty and registration charges, the Promoter may withhold registration. Model Agreement for Sale (2022) — Clause 10

Clause 12 — Defect Liability

If any structural defect or any other defect in workmanship, quality or provision of services is brought to the Promoter's notice within 5 years from the date of handing over possession, the Promoter must rectify such defects without further charge, within 30 days, failing which the aggrieved allottees are entitled to compensation under the Act. Clause 12; RERA Act — Section 14(3)

Clause 14 — Right to Enter for Repairs

The Promoter, maintenance agency, or Association of Allottees has the right of unrestricted access to all common areas, garages/closed parking and parking spaces for maintenance. The Allottee must permit entry into the apartment, after due notice and during normal working hours, to set right any defect. Model Agreement for Sale (2022) — Clause 14

Clause 15 — Usage of Basement and Service Areas

Basements and service areas may only be used for parking or other Association-permitted maintenance purposes — consistent with Section 12(1) of the Apartment Act, 2023)(c) of the Apartment Act. Clause 15; Apartment Act — Section 12(1)(c)

Buyer's checklist for the Agreement for Sale: Before signing, verify that (1) the RERA registration number matches the ORERA portal; (2) the carpet area (not super-built-up) is the basis for pricing; (3) the possession date is clearly stated; (4) the Force Majeure clause is not unreasonably broad; (5) the interest rate for Promoter default is specified; (6) the conveyance deed timeline of 3 months from OC is included; (7) the 5-year defect liability is explicitly stated; and (8) the cancellation and refund terms comply with the model format.

24 RERA vs Apartment Act — Side by Side

AspectRERA Act, 2016Apartment Act, 2023
Primary focusRegulating promoter conduct & project registrationOwnership, transfer & management of apartments
Who it bindsPromoter, agent, allotteePromoter, owner, tenant, Association
Threshold>500 sq.m or >8 apartments2+ apartments on qualifying land
Key documentsAgreement for Sale, RERA registration certificateDeclaration, Deed of Transfer, bye-laws
Defect liability5 years from possession (Section 14(3) of the Apartment Act, 2023))30-year structural audit (Section 21 of the Apartment Act, 2023)
Governance bodyORERA + Appellate TribunalAssociation of Allottees + Competent Authority + Appellate Authority
Common areasTransfer to Association/Authority (Section 17 of the Apartment Act, 2023)Defined in Section 3(i) of the Apartment Act, 2023); transferred to Association via Deed
DisputesORERA complaint (₹1,000)Competent Authority → Appellate Authority

25 Stamp Duty & Registration — The 2026 Reform

In May 2026, the Government of Odisha promulgated the Indian Stamp (Odisha Amendment) Ordinance, 2026 (Odisha Ordinance 3 of 2026; Notification No. 7005 dated 14.05.2026) to simplify apartment registration and align the stamp-duty structure with the Odisha Apartment Act, 2023. The reform replaced the earlier three-tier slab system (3% / 4% / 5%) with a uniform rate and a fixed common-area fee.

5%
Uniform stamp duty on apartment unit
₹50,000
Fixed stamp duty for common-area transfer to Association
₹20,000
Fixed registration fee for common-area transfer
1%
Remission for deeds in favour of women

What changed and why

Before the 2026 Ordinance
Three slabs — 3% (up to ₹5 lakh), 4% (₹5–15 lakh), 5% (above ₹15 lakh). The Association had to pay a full 5% stamp duty on the value of common areas and facilities at the first deed of conveyance — a sum that could run into crores for large projects, delaying or stalling registration for years.
After the 2026 Ordinance
Uniform 5% stamp duty on individual apartment units (covering the apartment and its undivided proportionate share in common areas). The Association pays a flat ₹50,000 stamp duty + ₹20,000 registration fee for transfer of common areas — regardless of project value.

The legal mechanism

Article 23 of Schedule I-A of the Indian Stamp Act, 1899 (as amended for Odisha) now provides: where the promoter executes the deed of transfer of apartment along with its proportionate share in common areas in favour of the allottee, the duty chargeable is 5% of the amount. Where the promoter executes the deed of transfer of common areas and facilities in favour of the Association of Allottees, the duty is ₹50,000.

Women remission preserved. A 1% stamp duty remission is available for conveyance deeds executed in favour of women under R&DM Notification No. 371531/R&DM dated 29.11.2016, subject to conditions. This brings the effective rate for a woman buyer to 4%.

How stamp duty is calculated

Stamp duty is charged at 5% of the market value or consideration value, whichever is higher. The "market value" is the benchmark/market value notified by the Inspector General of Registration (IGR) Odisha for the relevant village/plot, and can be checked through the IGR Odisha stamp-duty calculator. Registration fee is charged separately.

Practical tip: Always check the IGR Odisha benchmark value for your plot before agreeing a price — if the benchmark exceeds your agreement value, stamp duty is computed on the higher benchmark, not your purchase price.

🧮 Stamp Duty & Registration Calculator

26 GST on Apartments

For under-construction residential property in India (including Odisha), GST applies under the scheme effective from 1 April 2019. The rate depends on whether the apartment qualifies as "affordable housing." Ready-to-move-in flats with an Occupancy/Completion Certificate and resale flats are entirely outside GST.

Property typeEffective GSTInput tax creditKey condition
Affordable residential (under construction)1%NoCarpet area ≤60 sq.m (metro) / ≤90 sq.m (non-metro) and price ≤₹45 lakh
Non-affordable residential (under construction)5%NoAbove ₹45 lakh or larger area
Standalone commercial (under construction)12%Yes (registered buyer)Shops, offices
Ready-to-move (OC/CC issued)0% (exempt)—Sale after completion certificate
Resale property0% (exempt)—Sale of immovable property between individuals
Sale of land / plots0% (exempt)——

Notification 03/2019-Central Tax (Rate), effective 1 April 2019 — available on the CBIC GST portal (cbic-gst.gov.in)

GST Council Notification on residential rate reduction (1%/5%)

"Affordable" requires both tests: (1) carpet area up to 60 sq.m in metros (Mumbai MMR, Delhi-NCR, Bengaluru, Chennai, Hyderabad, Kolkata) or up to 90 sq.m elsewhere — Odisha cities fall in the non-metro band, so the 90 sq.m limit applies; and (2) gross price up to ₹45 lakh. Failing either test pushes the flat into the 5% band.
Effective rate nuance: The 1% and 5% rates apply to two-thirds of the agreement value (after a one-third deduction for land), so the effective rate on the total consideration is roughly 0.67% (affordable) and 3.33% (non-affordable). Builders must invoice the notified rate on the taxable value.

🧮 GST Calculator (Under-Construction Apartment)

27 TDS — Section 194-IA of the Income-tax Act, 1961

Important — Section renumbering under the Income-tax Act, 2025: With effect from 1 April 2026, the provisions of the Income-tax Act, 1961 have been re-enacted in the Income-tax Act, 2025. The key sections relevant to apartment transactions are now renumbered as follows: Section 194-IA of the Income-tax Act, 1961 (TDS on immovable property) → Section 393(1) of the Income-tax Act, 2025); Section 54 of the Income-tax Act, 1961 (LTCG exemption on reinvestment in residential house) → Section 84 of the Income-tax Act, 2025; Section 54EC of the Income-tax Act, 1961 (LTCG exemption on specified bonds) → Section 85 of the Income-tax Act, 2025; Section 54F of the Income-tax Act, 1961 (LTCG exemption on long-term asset other than residential house) → Section 86 of the Income-tax Act, 2025. This guide refers to the old section numbers for continuity, as most transactions before April 2026 were governed by the 1961 Act.

Under Section 194-IA of the Income-tax Act, 1961 of the Income-tax Act, 1961, a buyer of immovable property (other than agricultural land) from a resident seller must deduct 1% TDS on the consideration if the consideration or the stamp-duty value of the property is ₹50 lakh or more. The 1% applies to the entire amount, not just the slice above ₹50 lakh. The Income Tax Department's Section 194-IA resource explains the full procedure.

Rate
1% of consideration or stamp-duty value, whichever is higher.
Threshold
₹50 lakh (consideration and stamp-duty value both tested). Since 01.10.2024, the threshold is tested on the aggregate value across all co-buyers/co-sellers — splitting a deal no longer avoids TDS.
Deposit & forms
Deposit within 30 days from the end of the month of deduction via Form 26QB (Form 141 under the new Income-tax Act, 2025 from April 2026) on the Income Tax e-filing portal. Issue Form 16B (Form 132) to the seller within 15 days. No TAN required for resident sellers.
No PAN = 20% TDS. If the seller does not furnish a valid PAN, the rate jumps to 20%. Always collect the seller's PAN before payment.
NRI seller — different rules. If the seller is a non-resident, Section 194-IA of the Income-tax Act, 1961 does not apply; Section 195 of the Income-tax Act, 1961 governs, there is no ₹50 lakh threshold, the buyer must obtain a TAN, deduct at capital-gains rates, and file Form 27Q.
Under-construction instalments: If the total price is ₹50 lakh or more, deduct 1% on each instalment and file a separate Form 26QB each time.

🧮 TDS Calculator (Section 194-IA of the Income-tax Act, 1961)

28 Capital Gains on Sale of an Apartment

Renumbered under the Income-tax Act, 2025: From 1 April 2026, the capital-gains exemption sections have been renumbered in the Income-tax Act, 2025: old Section 54 of the Income-tax Act, 1961 → new Section 84 of the Income-tax Act, 2025, old Section 54EC of the Income-tax Act, 1961 → new Section 85 of the Income-tax Act, 2025, old Section 54F of the Income-tax Act, 1961 → new Section 86 of the Income-tax Act, 2025. The exemption framework remains the same; only the section numbers have changed.

When you sell an apartment held for more than 24 months, the gain is a long-term capital gain (LTCG). Post-Budget 2024, LTCG on real estate is taxed at 12.5% (without indexation, for properties acquired on or after 23 July 2024; transitional rules apply for older acquisitions). Several exemptions can shelter this gain — the Income Tax Department's capital-gains resource sets out the full framework.

The three main exemption routes

FeatureSection 54 of the Income-tax Act, 1961Section 54F of the Income-tax Act, 1961Section 54EC of the Income-tax Act, 1961
Asset soldResidential house propertyAny long-term asset other than a residential houseLand or building (or both)
Eligible taxpayersIndividual / HUFIndividual / HUFAll taxpayers
Reinvest inAnother residential house in IndiaOne residential house in IndiaSpecified bonds (REC / PFC / IRFC / HUDCO)
Reinvestment amountCapital gains amountNet consideration (full sale value)Capital gains (max ₹50 lakh)
Time limit1 yr before / 2 yrs after sale; 3 yrs for constructionSame as Section 54 of the Income-tax Act, 1961Within 6 months of sale
Maximum exemption₹10 crore (FY 2023-24 onwards)₹10 crore₹50 lakh per FY
Lock-in3 years (new property)3 years5 years (bonds)
Available in new tax regime?NoNoNo
Stacking strategy: Sections 54 and 54EC can be combined on the same sale. Sell a residential apartment, reinvest part of the gains in a new house (Section 54 of the Income-tax Act, 1961, up to ₹10 crore) and the balance in 54EC bonds (up to ₹50 lakh), sheltering up to ₹10.5 crore of LTCG.
Section 54EC of the Income-tax Act, 1961 bonds — specifics: Bonds issued by REC, PFC, IRFC and HUDCO (HUDCO notified by CBDT Notification 31/2025 dated 07.04.2025). 5-year lock-in; interest (around 5.25% p.a.) is fully taxable at slab; max ₹50 lakh per financial year per investor; invest within 6 months of transfer. NHAI bonds were discontinued from 2022.

Short-term vs long-term

  • Short-term capital gain: property held ≤24 months — taxed at slab rates.
  • Long-term capital gain: property held >24 months — taxed at 12.5% (post-Budget 2024 regime) subject to transitional rules for pre-23.07.2024 acquisitions.

🧮 Capital Gains Estimator

This is a simplified estimator assuming a post-23.07.2024 acquisition taxed at 12.5% without indexation. For older acquisitions, indexation-based computation and the transitional option may apply — consult a chartered accountant.

29 Home Loan Tax Benefits

If you finance your apartment with a home loan, the Income-tax Act, 1961 offers three deduction avenues — but most of them are available only under the old tax regime. The new tax regime (default from FY 2023-24) removes Section 80C of the Income-tax Act, 1961, 80EE and 80EEA, and disallows self-occupied interest under Section 24(b) of the Income-tax Act, 1961).

SectionDeductionAnnual capOld regimeNew regime
Section 24(b) of the Income-tax Act, 1961)Interest paid (self-occupied)₹2,00,000YesNo
Section 24(b) of the Income-tax Act, 1961)Interest paid (let-out)No cap (loss set-off ≤₹2L/yr)YesYes (no set-off vs salary)
Section 80C of the Income-tax Act, 1961Principal repayment + stamp duty/registration (year of purchase)₹1,50,000 (shared with PF, ELSS, LIC)YesNo
Section 80EE of the Income-tax Act, 1961Additional interest (first-time buyer, loan ≤₹35L, value ≤₹50L)₹50,000Yes (eligible window)No
Section 80EEA of the Income-tax Act, 1961Additional interest (first-time buyer, value ≤₹45L, loan sanctioned 01.04.2019–31.03.2022)₹1,50,000Yes (eligible window)No
Sell within 5 years and you lose the 80C benefit. If you sell or transfer the property within 5 years of possession, all Section 80C of the Income-tax Act, 1961 principal-repayment deductions claimed in earlier years are reversed and added back to your taxable income in the year of sale.
Joint loan, joint ownership = double benefit. If both co-borrowers are also co-owners, each can claim up to ₹2,00,000 interest under Section 24(b) of the Income-tax Act, 1961) and ₹1,50,000 principal under Section 80C of the Income-tax Act, 1961 (old regime), in proportion to ownership and EMI contribution — potentially ₹10,00,000 combined deductions.
Pre-EMI interest: Interest paid before possession is accumulated and claimed in five equal instalments starting from the year of possession, in addition to the regular Section 24(b) of the Income-tax Act, 1961) claim for that year.

30 Property / Holding Tax (Bhubaneswar Municipal Corporation)

Within BMC limits, property tax (historically called "Holding Tax") is governed by the Orissa Municipal Corporation Act, 2003, though collection presently follows the Orissa Municipal Act, 1950 framework pending finalised rules. The owner is legally liable; even if the flat is rented, the liability with the Bhubaneswar Municipal Corporation (BMC) rests with the registered owner. Tax can be paid online through the BMC Holding Tax portal.

How BMC calculates annual value & tax (self-occupied residential)

Step 1: Plinth area (sq.m) × ₹13.65 = X
Step 2: Deduct 15% of X (repair & maintenance)
Step 3: Add 0.5% of land cost (per GA Dept. notification 01.05.1998)
Annual Value = Step 1 + Step 3 − Step 2
Holding Tax = 17.5% of Annual Value (10% holding + 2.5% latrine + 5% street light)

Rented residential

For rented flats, BMC fixes tax on the annual rent: Monthly Rent × 12, deduct 15% for maintenance, add 0.5% of land cost, then levy 17.5% of that annual value.

Commercial holding

Annual value = 7.5% of (civil cost + PH/electric fitting cost) + 0.5% of land cost; tax is 17.5% of that annual value.

5% rebate for early payment. BMC typically issues demand notices at the start of the financial year (April). Payments in April–June often attract a 5% rebate; delayed payment beyond 31 March attracts a 2% monthly penalty on the outstanding amount.
Mutation is mandatory. After the sale deed is registered, the new owner must apply for mutation (khata transfer) at the BMC ward office with the registered sale deed, Aadhaar and photo. Until mutation is done, BMC records still show the developer/previous owner, and tax demands will not reach the new owner — but the liability keeps accruing.

🧮 BMC Property (Holding) Tax Estimator (Self-occupied)

Estimator follows the BMC formula published in the GA Department notification dated 01.05.1998. Actual demand may vary by zone, age and use; verify against your BMC demand notice.

31 Parking

Open parking
Part of common areas; cannot be sold separately.
Covered parking
Under stilt, basement, multilevel structure, rooftop or covered roof without side walls. ORERA Regulations 2017 — Reg.2(1)(c)
Garage
Roof and walls on three sides. RERA Act — Section 2(y)

Under RERA, the promoter cannot sell open or covered parking separately; parking is allotted by the Association as per the declaration. Garage (as defined) may be sold. RERA Act — Section 12

32 Occupancy Certificate

The Occupancy Certificate (OC), issued by the Local Authority, is the trigger for several obligations under both the Apartment Act and RERA:

OC issued
→
Declaration within 30 days (Apartment Act s.9(1))
→
Deed of Transfer within 3 months (Apartment Act s.8(1))
→
GST liability ends (under-construction → ready)
Do not take possession without an OC. Possession without an OC can expose you to municipal demolition/regularisation action and defeats the statutory timeline for the Declaration and Deed of Transfer.

33 Registration Document Checklist

34 Competent Authority Scrutiny

The Competent Authority scrutinises the declaration and the deed of transfer for compliance with the Act and Rules before endorsing. Section 9(4) of the Apartment Act, 2023), Section 8(4) of the Apartment Act, 2023) The Registering Officer relies on this endorsement and does not re-examine compliance, except for apparent fraud, impersonation, stamp/fee deficiency, lack of jurisdiction or statutory prohibition. 2026 SOP — Para 8.6

35 Category I / II / III — The 2026 SOP Classification

CategoryWhen first deed registeredKey conditions
Category IOn or before 05.10.2016Pre-RERA apartments; resale may qualify under Special Order No. 29259 (03.12.2025)
Category IIProject completed before 05.10.2016, unsold inventory50%+ units transferred by registered deed on/before 05.10.2016
Category IIIOn or after 05.10.2016Requires ORERA registration (where applicable), OC, registered Association, Section 9 of the Apartment Act, 2023 Declaration, and Competent Authority endorsement under Section 8(4) of the Apartment Act, 2023)

2026 SOP — Paras 6, 7

36 Buyer Due Diligence — The Complete Checklist

1. Title & land
  • Encumbrance Certificate for the last 30 years.
  • Verify freehold/leasehold status; if leasehold, confirm ≥30-year lease term (Apartment Act applies only then).
  • Check Bhulekh Odisha / ORERA linkage for land records.
2. Project approvals
  • Approved building plan & sanctioned plan.
  • ORERA registration number and validity.
  • Occupancy Certificate (for ready units) or approved stage for under-construction.
3. Financial / tax
  • Verify IGR benchmark value vs agreement value (stamp duty on higher).
  • Budget for stamp duty (5%), registration fee, GST (1%/5% if under-construction).
  • Deduct 1% TDS if consideration ≥₹50 lakh; file Form 26QB.
  • Plan home loan tax deductions (old vs new regime).
4. Association & governance
  • Confirm Association registered under Section 15 of the Apartment Act, 2023.
  • Review the Declaration (Section 9 of the Apartment Act, 2023) and bye-laws.
  • Check common areas are transferred to the Association.
  • Demand a no-dues certificate from the Association (Section 13 of the Apartment Act, 2023 liability).
5. Physical & defect liability
  • Carpet area as per RERA definition (not super-built-up).
  • Parking allocation type (open/covered/garage).
  • Note the 5-year defect-liability window from possession (RERA Section 14(3)).

37 Document Vault — What to Keep, and for How Long

DocumentWhy keep itRetain
Registered sale deed / Deed of TransferProof of titlePermanently
Occupancy CertificateTrigger for Declaration & Deed timelinesPermanently
Section 9 of the Apartment Act, 2023 DeclarationDefines common areas, undivided interestPermanently
Stamp duty & registration receiptsFor 80C claim (year of purchase); capital gains cost8+ years
TDS Form 26QB & Form 16BProof of compliance with Section 194-IA of the Income-tax Act, 19618+ years
Home loan interest certificateSection 24(b) of the Income-tax Act, 1961) claim each year7 years after loan closes
Association bye-laws & minutesGovernance, dispute evidencePermanently
Property tax receiptsMutation & resale evidencePermanently

38 Dispute Resolution & Appeals

Association decision
→
Competent Authority (appeal within 30 days)
→
Appellate Authority (appeal within 30 days)
RERA dispute
→
ORERA complaint (₹1,000)
→
Odisha Real Estate Appellate Tribunal (appeal ₹5,000)

Appeals against Association action curtailing services lie to the Competent Authority within 30 days. Apartment Act — Section 19(3) Appeals against Competent Authority orders lie to the Appellate Authority within 30 days. Section 25(2) of the Apartment Act, 2023) RERA complaints can be filed online through the ORERA complaint registration portal.

39 Penalties

Apartment Act — Section 26
Penalties for contravention of the Act, with escalation for continuing offences. The Competent Authority adjudicates.
Company liability — Section 27 of the Apartment Act, 2023
Persons in charge of the company are deemed guilty along with the company, subject to due-diligence defence.
RERA penalties
Up to 10% of project cost for unregistered projects; imprisonment up to 3 years for repeat/non-compliant promoters. RERA Act — Sections 59–68
Non-payment of common expenses
First charge on the apartment; Association may reduce services; charge survives transfer. RERA Act, 2016 — Sections 17, 19

40 Sale / Resale

On resale, the buyer inherits liability for all unpaid common expenses — demand a no-dues certificate from the Association before closing. Section 13 of the Apartment Act, 2023 The seller must account for capital gains (Section 54/54EC/54F of the Apartment Act, 2023), and the buyer must deduct 1% TDS if the consideration is ≥₹50 lakh (Section 194-IA of the Income-tax Act, 1961). Stamp duty of 5% applies to the resale deed as well.

No-dues from Association
→
Encumbrance Certificate
→
Sale deed + 5% stamp duty
→
1% TDS (if ≥₹50L)
→
Mutation at BMC

41 Interactive Calculators

Use the live calculators below to estimate the real cost of buying, holding or selling an apartment in Odisha. Each is a simplified estimator based on current statutory rates — verify figures against official portals and your professional advisor before acting.

🧮 Stamp Duty & Registration
5% of market/consideration value (4% for women), plus registration fee. Open calculator →
🧮 GST (Under-Construction)
1% affordable / 5% non-affordable / 0% ready or resale. Open calculator →
🧮 TDS (Section 194-IA of the Income-tax Act, 1961)
1% on ≥₹50 lakh transactions. Open calculator →
🧮 Capital Gains
LTCG at 12.5%; estimate 54EC bond savings. Open calculator →
🧮 BMC Property Tax
Plinth-area-based annual value × 17.5%. Open calculator →
🧮 Home Loan EMI
Estimate your monthly EMI and total interest.

🧮 Home Loan EMI Calculator

42 My Situation Tool

Select your situation to see the key legal steps that apply.

  • Verify ORERA registration, OC, and sanctioned plan.
  • Check carpet area (RERA definition) and parking type.
  • Budget: 5% stamp duty + registration + GST (1%/5% if under-construction).
  • Deduct 1% TDS if ≥₹50 lakh; file Form 26QB.
  • Ensure Deed of Transfer + Section 9 of the Apartment Act, 2023 Declaration are in place.
  • Plan home loan tax deductions (old regime recommended).
  • Demand no-dues certificate from the Association (Section 13 of the Apartment Act, 2023).
  • Encumbrance Certificate for 30 years.
  • 5% stamp duty on resale deed; 1% TDS if ≥₹50 lakh.
  • Apply for mutation at BMC; update property tax records.
  • Seller accounts for capital gains (Sections 54/54EC/54F).
  • Obtain current market/benchmark value.
  • Compute LTCG (12.5% post-Budget 2024 regime).
  • Reinvest in a new house (Section 54 of the Income-tax Act, 1961, up to ₹10 cr) or 54EC bonds (up to ₹50L) within timelines.
  • Buyer deducts 1% TDS; you receive Form 16B.
  • Clear Association dues; obtain no-dues certificate.

43 Frequently Asked Questions

Does the Odisha Apartment Act apply to my building if it has only 4 apartments?
Yes. The Apartment Act applies to any building with two or more apartments on qualifying land, regardless of whether RERA registration (which needs >8 apartments or >500 sq.m) is required. 2026 SOP — Para 3.2(f)
What is the stamp duty on an apartment in Odisha in 2026?
5% of the market value or consideration value, whichever is higher, under the Indian Stamp (Odisha Amendment) Ordinance, 2026. A 1% remission is available for deeds in favour of women, bringing the effective rate to 4%.
How much does the Association pay to transfer common areas?
A fixed ₹50,000 stamp duty + ₹20,000 registration fee, regardless of the project's value — a reform introduced by the 2026 Ordinance that replaced the earlier 5% on common-area value.
Is GST payable on a ready-to-move-in flat?
No. Once the Occupancy/Completion Certificate is issued, the sale is of immovable property and attracts 0% GST. GST applies only to under-construction units (1% affordable / 5% non-affordable).
Do I need to deduct TDS when buying a ₹70 lakh flat?
Yes. Under Section 194-IA of the Income-tax Act, 1961, deduct 1% of ₹70 lakh (₹70,000) on the higher of consideration or stamp-duty value, deposit via Form 26QB within 30 days, and issue Form 16B to the seller. No TAN is required for a resident seller.
What is the defect liability period under RERA?
Five years from the date of handing over possession. The promoter must rectify structural/workmanship defects free of charge within 30 days of notice, failing which the allottee is entitled to compensation. RERA Act — Section 14(3)
Can I claim home loan tax benefits in the new tax regime?
Mostly no. The new regime removes Section 80C of the Income-tax Act, 1961, 80EE, 80EEA and the self-occupied interest deduction under Section 24(b) of the Income-tax Act, 1961). Only interest on let-out property under Section 24(b) of the Income-tax Act, 1961) survives (without set-off against salary). If you have a large home loan, the old regime usually saves more tax.
How can I save capital gains tax when selling my apartment?
Reinvest the LTCG in another residential house (Section 54 of the Income-tax Act, 1961, up to ₹10 crore) or in 54EC bonds (REC/PFC/IRFC/HUDCO, up to ₹50 lakh) within the prescribed timelines. Both can be stacked on the same sale.
Who pays property tax on a rented flat — owner or tenant?
The registered owner is legally liable to BMC, even if the flat is rented. The owner may recover it from the tenant through the lease agreement, but the liability with BMC rests with the owner.
Can the promoter sell parking separately?
Open and covered parking cannot be sold separately under RERA; parking is allotted by the Association per the declaration. Only a "garage" (roof + walls on three sides) may be sold. RERA Act — Section 12; Section 2(y)
What is the 30-year structural safety audit?
Under Section 21 of the Apartment Act, the Association must cause verification of structural stability at least every 30 years (or as prescribed) — the long-horizon counterpart to RERA's 5-year defect window.

Key Takeaways

  • Two legal regimes govern Odisha apartments. The Odisha Apartment (Ownership and Management) Act, 2023 (operative from 28 June 2023) and its 2024 Rules cover ownership, management and Associations, while RERA 2016 applies to projects above 500 sq.m or with more than 8 apartments.
  • The Apartment Act has a deliberately low threshold. It applies to any land with two or more apartments, so even small buildings qualify.
  • 2026 stamp duty is uniform. Count on 5% on individual flat deeds (4% for women buyers), and a flat ₹50,000 stamp duty plus ₹20,000 registration fee when the Association’s common areas are transferred.
  • Budget for the full tax stack. GST of 1% (affordable) or 5% (others) on under-construction apartments, 1% TDS under Section 194-IA on purchases of ₹50 lakh or more, and BMC holding tax at 17.5% of annual value.
  • Sellers face a 12.5% LTCG rate (post-Budget 2024), with the Section 54EC bond exemption capped at ₹50 lakh and a 5-year lock-in.
  • Defect protection runs for 5 years. RERA s.14(3) makes the promoter liable for structural defects or workmanship for five years, and a structural audit is due every 30 years under Apartment Act s.21.
  • The Association of Allottees is compulsory. It must be formed once 50% of allottees (or 7 allottees, whichever is lower) come together, and it then governs common expenses, maintenance and bye-laws.
  • Registration follows the June 2026 Government SOP. Scrutiny runs through the Competent Authority (with Category I / II / III building classifications), and appeals to the Appellate Authority must be filed within 30 days.
  • Do due diligence before you pay. Verify ORERA project registration and occupancy certificate status, check the land record on Bhulekh, and assemble the full registration document checklist before the deed.

Official Sources

44 At a Glance

Operative from
28 June 2023
RERA threshold
>500 sq.m or >8 apartments
Apartment Act threshold
2+ apartments on qualifying land
Stamp duty (2026)
5% uniform (4% for women)
Common-area transfer
₹50,000 stamp + ₹20,000 reg.
GST (under-construction)
1% affordable / 5% others
TDS
1% on ≥₹50 lakh (Section 194-IA of the Income-tax Act, 1961)
LTCG rate
12.5% (post-Budget 2024)
54EC bond cap
₹50 lakh, 5-yr lock-in
Defect liability
5 years (RERA s.14(3))
Structural audit
30 years (Apartment Act s.21)
BMC holding tax
17.5% of annual value
Association formation
50% or 7 allottees (whichever is lower)
Appeal window
30 days (Competent → Appellate)

45 About the Author

BD

Bismay Dash

Advocate & legal expert. Advocate Bismay Dash writes the Knowledge Centre to make law accessible, accurate and genuinely useful for common people.

bismaydash.com/knowledge-centre

Disclaimer: This article is for general educational and informational purposes only. While care has been taken to reflect the law as in force till the publication of this article, statutes, rules, notifications and rates are subject to changes. You should not act or refrain from acting without obtaining specific legal advice. No advocate-client relationship is created by reading this page.

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