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.
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).
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.
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
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.
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.
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.
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.
If yes — the Odisha Apartment Act, 2023 potentially applies, subject to land tenure and use. Apartment Act — Section 2
All are covered — "apartment" includes residence, office, practice of a profession, occupation, trade or business, or other independent use. Apartment Act — Section 3(b)
Only these land tenures are covered by the Act. Apartment Act — Section 2(1)
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)
The 2026 SOP uses this date to classify apartments into Category I/II (pre-RERA) and Category III (post-RERA). 2026 SOP — Para 6
May fall under Category II if 50%+ units were transferred by registered deed on/before that date. 2026 SOP — Para 7 (Category-II)
These are pre-conditions for registering a Category-III deed of transfer. 2026 SOP — Para 7(B)
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.
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)
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)
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)
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)
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)
The association formed/deemed formed under Section 15 of the Apartment Act, 2023 comprising all allottees of the project. Apartment Act — Section 3(e)
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)
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)
Balance of income/rents/profits from common areas after deducting common expenses. Apartment Act — Section 3(k)
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
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
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
A deed executed by the promoter/transferor in the prescribed manner transferring the apartment. Apartment Act — Section 3(n), Section 8
The certificate issued by the Local Authority permitting occupation of a building. Apartment Act — Section 3(p); RERA Act — Section 2(zf)
Municipal corporation, municipality, panchayat or other constituted local body. Apartment Act — Section 3(o)
By-laws made by the Association of Allottees under the Act and Rules. Apartment Act — Section 3(h)
Development of a building into apartments (or land into apartments) for sale, including common areas, development works and appurtenances. Apartment Act — Section 3(s)
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)
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)
A place with a roof and walls on three sides for parking a vehicle, excluding open/uncovered parking. RERA Act — Section 2(y)
Agreement between promoter and allottee for sale of a plot/apartment/building. RERA Act — Section 2(c)
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)
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)
Officer appointed under Section 71 of RERA to adjudge compensation claims. RERA Act — Section 2(a), Section 71
The Real Estate Regulatory Authority established under Section 20 of RERA. RERA Act — Section 2(i)
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
- 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)
- 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)
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
Practical meaning: Applies statewide, retroactively effective from 28.06.2023.
Section 2 of the Apartment Act, 2023 — Applicability
Section 3 of the Apartment Act, 2023 — Definitions
Section 4 of the Apartment Act, 2023 — Apartment to be heritable and transferable
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
Section 6 of the Apartment Act, 2023 — Encumbrances against apartments
Section 7 of the Apartment Act, 2023 — Ownership of additional built-up area
Section 8 of the Apartment Act, 2023 — Execution of deed of transfer
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
Section 10 of the Apartment Act, 2023 — Obligations of promoters
Section 11 of the Apartment Act, 2023 — Rights and responsibilities of allottees
Section 12 of the Apartment Act, 2023 — Responsibility of apartment owners
Section 13 of the Apartment Act, 2023 — Liability for unpaid common expenses on transfer
Section 14 of the Apartment Act, 2023 — Formation of Association of Allottees
Section 15 of the Apartment Act, 2023 — Procedure for forming the Association
Section 16 of the Apartment Act, 2023 — Bye-laws of the Association
Section 17 of the Apartment Act, 2023 — Common expenses first charge
Section 18 of the Apartment Act, 2023 — Common profits and expenses
Section 19 of the Apartment Act, 2023 — Association's power to reduce utilities/services
Section 20 of the Apartment Act, 2023 — Insurance
Section 21 of the Apartment Act, 2023 — Verification of structural stability
Section 22 of the Apartment Act, 2023 — Disposition of property, destruction or damage
Section 23 of the Apartment Act, 2023 — Competent Authority: powers and functions
Section 24 of the Income-tax Act, 1961 — Functions of the Association discharged by the Competent Authority
Section 25 of the Apartment Act, 2023 — Appellate Authority
Section 26 of the Apartment Act, 2023 — Penalty
Section 27 of the Apartment Act, 2023 — Offences by companies
Section 28 of the Apartment Act, 2023 — Separate assessment
Section 29 of the Apartment Act, 2023 — Redevelopment
Section 30 of the Apartment Act, 2023 — Act binding on owners, tenants etc.
Sections 31–39 — Miscellaneous
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.
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:
8 Common Areas & Facilities
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)
9 Ownership Model
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
The promoter, to the Competent Authority, within 30 days of issue of the Occupancy Certificate. Section 9(1) of the Apartment Act, 2023)
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
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
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)
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)
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
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
- 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.
- 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.
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
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
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
Rectify structural/workmanship defects notified within 5 years of possession, free of charge, within 30 days. RERA Act — Section 14(3)
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)
Submit the Section 9 of the Apartment Act, 2023 Declaration within 30 days of the OC. Apartment Act — Section 9(1)
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)
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.
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?
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)
Key buyer protections under RERA
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 type | Processing fee (at application) | Registration fee | Maximum |
|---|---|---|---|
| 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 type | Processing fee (at application) | Extension fee | Maximum |
|---|---|---|---|
| Commercial Project | ₹5,000 | Twice the registration fee paid | ₹1 crore |
| Residential — Construction of Flat/Apartment | ₹5,000 | Twice the registration fee paid | ₹50 lakh |
| Mixed Project | ₹5,000 | Twice the registration fee paid | ₹75 lakh |
| Plotted Scheme (Residential) | ₹5,000 | Twice the registration fee paid | ₹25 lakh |
Agent registration & renewal
| Fee type | Category | Processing fee | Registration / Renewal fee |
|---|---|---|---|
| Agent Registration | Agency (Firm/Company) | ₹1,000 | ₹1,00,000 |
| Agent Registration | Individual | ₹1,000 | ₹10,000 |
| Agent Registration Renewal | Agency (Firm/Company) | ₹1,000 | ₹20,000 |
| Agent Registration Renewal | Individual | ₹1,000 | ₹2,000 |
Complaint filing fees
| Fee type | Category | Fee |
|---|---|---|
| Complaint Filing | Before Adjudicating Officer | ₹1,000 |
| Complaint Filing | Before Regulatory Authority | ₹1,000 |
| Complaint Filing | Execution Petition | ₹500 |
| Complaint Filing | Misc. Case Rectification | ₹500 |
ORERA official fees page (rera.odisha.gov.in); ORERA Regulations, 2017 — Regulation 4 as amended
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.
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
Clause 1.3 — Escalation-free price
Clause 1.6 — No changes without consent
Clause 1.7 — Carpet area recalculation after OC
Clause 1.8 — Allottee's ownership rights
(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
Clause 7 — Possession
Clause 7.1 — Possession date and Force Majeure
Clause 7.2 — Procedure for taking possession
Clause 7.5 — Cancellation by Allottee
Clause 7.6 — Compensation for delay
• 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
Clause 9.2 — Allottee's remedies on Promoter default
(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
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)
24 RERA vs Apartment Act — Side by Side
| Aspect | RERA Act, 2016 | Apartment Act, 2023 |
|---|---|---|
| Primary focus | Regulating promoter conduct & project registration | Ownership, transfer & management of apartments |
| Who it binds | Promoter, agent, allottee | Promoter, owner, tenant, Association |
| Threshold | >500 sq.m or >8 apartments | 2+ apartments on qualifying land |
| Key documents | Agreement for Sale, RERA registration certificate | Declaration, Deed of Transfer, bye-laws |
| Defect liability | 5 years from possession (Section 14(3) of the Apartment Act, 2023)) | 30-year structural audit (Section 21 of the Apartment Act, 2023) |
| Governance body | ORERA + Appellate Tribunal | Association of Allottees + Competent Authority + Appellate Authority |
| Common areas | Transfer 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 |
| Disputes | ORERA 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.
What changed and why
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.
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.
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.
🧮 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 type | Effective GST | Input tax credit | Key condition |
|---|---|---|---|
| Affordable residential (under construction) | 1% | No | Carpet area ≤60 sq.m (metro) / ≤90 sq.m (non-metro) and price ≤₹45 lakh |
| Non-affordable residential (under construction) | 5% | No | Above ₹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 property | 0% (exempt) | — | Sale of immovable property between individuals |
| Sale of land / plots | 0% (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%)
🧮 GST Calculator (Under-Construction Apartment)
27 TDS — Section 194-IA of the Income-tax Act, 1961
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.
1% of consideration or stamp-duty value, whichever is higher.
₹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 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.
🧮 TDS Calculator (Section 194-IA of the Income-tax Act, 1961)
28 Capital Gains on Sale of an Apartment
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
| Feature | Section 54 of the Income-tax Act, 1961 | Section 54F of the Income-tax Act, 1961 | Section 54EC of the Income-tax Act, 1961 |
|---|---|---|---|
| Asset sold | Residential house property | Any long-term asset other than a residential house | Land or building (or both) |
| Eligible taxpayers | Individual / HUF | Individual / HUF | All taxpayers |
| Reinvest in | Another residential house in India | One residential house in India | Specified bonds (REC / PFC / IRFC / HUDCO) |
| Reinvestment amount | Capital gains amount | Net consideration (full sale value) | Capital gains (max ₹50 lakh) |
| Time limit | 1 yr before / 2 yrs after sale; 3 yrs for construction | Same as Section 54 of the Income-tax Act, 1961 | Within 6 months of sale |
| Maximum exemption | ₹10 crore (FY 2023-24 onwards) | ₹10 crore | ₹50 lakh per FY |
| Lock-in | 3 years (new property) | 3 years | 5 years (bonds) |
| Available in new tax regime? | No | No | No |
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
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).
| Section | Deduction | Annual cap | Old regime | New regime |
|---|---|---|---|---|
| Section 24(b) of the Income-tax Act, 1961) | Interest paid (self-occupied) | ₹2,00,000 | Yes | No |
| Section 24(b) of the Income-tax Act, 1961) | Interest paid (let-out) | No cap (loss set-off ≤₹2L/yr) | Yes | Yes (no set-off vs salary) |
| Section 80C of the Income-tax Act, 1961 | Principal repayment + stamp duty/registration (year of purchase) | ₹1,50,000 (shared with PF, ELSS, LIC) | Yes | No |
| Section 80EE of the Income-tax Act, 1961 | Additional interest (first-time buyer, loan ≤₹35L, value ≤₹50L) | ₹50,000 | Yes (eligible window) | No |
| Section 80EEA of the Income-tax Act, 1961 | Additional interest (first-time buyer, value ≤₹45L, loan sanctioned 01.04.2019–31.03.2022) | ₹1,50,000 | Yes (eligible window) | No |
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)
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.
🧮 BMC Property (Holding) Tax Estimator (Self-occupied)
31 Parking
Part of common areas; cannot be sold separately.
Under stilt, basement, multilevel structure, rooftop or covered roof without side walls. ORERA Regulations 2017 — Reg.2(1)(c)
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:
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
| Category | When first deed registered | Key conditions |
|---|---|---|
| Category I | On or before 05.10.2016 | Pre-RERA apartments; resale may qualify under Special Order No. 29259 (03.12.2025) |
| Category II | Project completed before 05.10.2016, unsold inventory | 50%+ units transferred by registered deed on/before 05.10.2016 |
| Category III | On or after 05.10.2016 | Requires 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
| Document | Why keep it | Retain |
|---|---|---|
| Registered sale deed / Deed of Transfer | Proof of title | Permanently |
| Occupancy Certificate | Trigger for Declaration & Deed timelines | Permanently |
| Section 9 of the Apartment Act, 2023 Declaration | Defines common areas, undivided interest | Permanently |
| Stamp duty & registration receipts | For 80C claim (year of purchase); capital gains cost | 8+ years |
| TDS Form 26QB & Form 16B | Proof of compliance with Section 194-IA of the Income-tax Act, 1961 | 8+ years |
| Home loan interest certificate | Section 24(b) of the Income-tax Act, 1961) claim each year | 7 years after loan closes |
| Association bye-laws & minutes | Governance, dispute evidence | Permanently |
| Property tax receipts | Mutation & resale evidence | Permanently |
38 Dispute Resolution & Appeals
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
Penalties for contravention of the Act, with escalation for continuing offences. The Competent Authority adjudicates.
Persons in charge of the company are deemed guilty along with the company, subject to due-diligence defence.
Up to 10% of project cost for unregistered projects; imprisonment up to 3 years for repeat/non-compliant promoters. RERA Act — Sections 59–68
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.
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.
5% of market/consideration value (4% for women), plus registration fee. Open calculator →
1% affordable / 5% non-affordable / 0% ready or resale. Open calculator →
LTCG at 12.5%; estimate 54EC bond savings. Open calculator →
Plinth-area-based annual value × 17.5%. Open calculator →
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.
- Ensure bye-laws align with model bye-laws (Section 16 of the Apartment Act, 2023).
- Maintain Association Fund in a Scheduled Bank account (Section 16(8) of the Apartment Act, 2023)).
- Collect common expenses; enforce first charge (Section 17 of the Apartment Act, 2023).
- Schedule the 30-year structural audit (Section 21 of the Apartment Act, 2023).
- Insure the building (Section 20 of the Apartment Act, 2023); manage defect liability claims (RERA s.14(3)).
43 Frequently Asked Questions
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
- Odisha Real Estate Regulatory Authority (ORERA) — rera.odisha.gov.in
- Inspector General of Registration, Odisha (stamp duty & registration, with the official calculator) — www.igrodisha.gov.in · Stamp Duty Calculator
- Bhulekh Odisha (online land records) — bhulekh.ori.nic.in
- India Code (central Acts, including RERA 2016) — www.indiacode.nic.in
- Bhubaneswar Municipal Corporation (holding tax) — www.bmc.gov.in
- NSDL — TDS on purchase of immovable property — www.tin-nsdl.com
44 At a Glance
28 June 2023
>500 sq.m or >8 apartments
2+ apartments on qualifying land
5% uniform (4% for women)
₹50,000 stamp + ₹20,000 reg.
1% affordable / 5% others
1% on ≥₹50 lakh (Section 194-IA of the Income-tax Act, 1961)
12.5% (post-Budget 2024)
₹50 lakh, 5-yr lock-in
5 years (RERA s.14(3))
30 years (Apartment Act s.21)
17.5% of annual value
50% or 7 allottees (whichever is lower)
30 days (Competent → Appellate)
