BHUBANESWAR: The state government on Friday issued a fresh standard operating procedure (SOP) to make the apartment registration process for pre-RERA and post-RERA projects transparent and uniform.
The government also clarified that the existing one per cent concession in stamp duty for apartment transfers executed in favour of women will continue. Similarly, nominal stamp duty and registration fees have been prescribed for deeds relating to the transfer of common areas and amenities in favour of Associations of Allottees.
Officials said the SOP, jointly formulated by the Revenue and Disaster Management department and the Housing and Urban Development department, aims at eliminating ambiguities arising from varying interpretations of the Odisha Apartment (Ownership and Management) Act, 2023, the Real Estate (Regulation and Development) Act, 2016 (RERA) and the Registration Act, 1908, while ensuring a standardised registration process across the state.
Under the new SOP, apartment registration has been categorised into three distinct segments such as resale of pre-RERA apartments, first sale of unsold flats in pre-RERA projects and post-RERA apartments.
The SOP also specifies the required documents, verification procedures and registration conditions applicable to each category.
The registration of sale deeds relating to apartments in the pre-RERA projects completed prior to October 5, 2016, in which the unsold inventory of such projects continue to be held by the promoter or landowner, will be governed by the special order issued under section 35 of the Odisha Apartment Ownership and Management Act 2023.
Registration in these projects will be allowed only where at least 50 per cent of the apartment units had been transferred through registered sale deeds on or before October 5, 2016 and the apartment forms part of the original building plan.
In case of resale, such apartments will be exempted from producing documents prescribed under the Odisha Apartment Ownership Act, though the transferor will produce original registered deed of transfer, title documents and other documents required as per registration law.
For post-RERA apartments, compliance with Odisha RERA registration (where applicable), occupancy certificate, registration of the Association of Allottees, registration of the Declaration under Section - 9 and provisions relating to the transfer of common areas and amenities has been made mandatory prior to registration. Registration will be permitted only after approval by the competent authority concerned.
The SOP also clearly defined the roles and responsibilities of the competent authorities for areas falling under the Bhubaneswar Municipal Corporation, various development authorities and revenue sub-division jurisdictions.
Officials said the move is expected to make the apartment registration process more transparent, systematic and citizen-centric, while safeguarding the interests of apartment buyers and promoting good governance in the real estate sector.
