BHUBANESWAR: In a major move that paves way for buying and selling of flats constructed in pre-RERA phase, the Odisha government on Saturday allowed registration of apartments that were completed before the Real Estate Regulatory Authority (RERA) norms came into effect in the state.
As per the notification issued by the Housing and Urban Development (H&UD) department, apartments completed prior to February 25, 2017, the date from which RERA rules came into force in the state, will be allowed for registration.
The Revenue and Disaster Management department will be requested to issue suitable instructions to the registration officers to facilitate registration of such apartments, the notification read.
Officials said, after the Odisha Apartment (Ownership and Management) Act 2023 came into effect on June 28, 2023, it came to fore that the apartment owners were facing difficulties in registering sale deeds and transfer deeds, including the old ones, due to the perceived ambiguities in application of the Act.
“There is a misconception that the Apartment Ownership Act has retrospective effect, leading to inconsistencies in registration process. Registration officers are reportedly interpreting the provisions of the Act and RERA differently causing disparities in decision-making across the state,” it stated.
To address these concerns and ambiguity, the department stated that “without prejudice to any existing acts and rules, the registration authorities will not deny the registration of any apartment citing provisions of the state Apartment Ownership Act 2023, if the apartment was completed before commencement of RERA in the state, that is prior to February 25, 2017.”
H&UD minister Krushna Chandra Mahapatra said the move will pave way for registration of apartments completed before enforcement of RERA norms. The state government will also initiate steps soon to bring appropriate law to facilitate sale of part plot, he said.
CREDAI Odisha chairman DS Tripathy said the decision will give huge relief to home buyers who had invested in such apartments but were not being able to sell them at the time of need. “The move will help in removing the negative sentiments prevailing in the state’s real estate market allowing home buyers and investors to invest in future projects,” he stated.
Real estate expert Bimalendu Pradhan, however, said, “The government should clarify which project will be considered completed and what would happen to the apartment projects’ pending occupancy certificates as such projects are considered incomplete.”