Bhubaneswar: Nearly after a year, the State Government has found a way to resume registration of Apartments which were completed before the commencement of RERA in the State (February 25, 2017).
The Real Estate (Regulation and Development) Act, 2016 (RERA) was effective in the State from February 25, 2017. However, it has come to notice that apartment owners are facing difficulties in registering sale deeds and transfer deeds due to perceived ambiguities in the application of the Act.
So, to deal with this, the Housing and Urban Development Department has issued a notification with certain clarifications in the RERA today.
The Odisha Apartment (Ownership and Management) Act, 2023 or OAOM Act, came into force on June 28, 2023. The OAOM Act was enacted to consolidate and streamline laws related to apartment ownership and management.
Given that common areas and facilities are integral to any apartment, the Act also aligns their ownership and management with the provisions of the Real Estate (Regulation and Development) Act, 2016 (RERA). One of the major objectives of the Act is to safeguard the interests of allottees by ensuring appropriate rights over common areas and facilities, the department said.
However, it has come to the notice of the Department that apartment owners are facing difficulties in registering sale deeds and transfer deeds due to perceived ambiguities in the application of the Act.
There is a misconception that OAOM Act has retrospective effect, leading to inconsistencies in registration processes. Registration officers are reportedly interpreting the provisions of OAOM Act and RERA differently, causing disparities in decision-making across cases, it said.
To address these concerns and remove any ambiguity, the Department clarified, “Without prejudice to any existing Acts and Rules, it is hereby clarified that Registration Authorities shall not deny the registration of any apartment citing provisions of OAOM Act, if the apartment was completed before the commencement of RERA in the State, i.e. prior to 25” February, 2017.”
Accordingly, the Revenue & Disaster Management Department has been requested to issue suitable instructions to the Registration Officers to facilitate the registration of such apartments.