Odisha govt notifies Apartment Ownership Ordinance

Bhubaneswar: The State government on Saturday notified the Odisha Apartment (Ownership and Management) Ordinance, 2023. In effect, the State government has brought the much-awaited Odisha Apartment (Ownership and Management) Bill, 2023, through ordinance route.

As per the ordinance, which will replace Orissa Apartment Ownership Act 1982, common areas such as corridor, staircase, lift, play area and entire land of apartment will be registered in the name of the buyers’ association. The provisions of the ordinance will be applicable to all apartments or buildings converted into apartments on freehold land or on leasehold land if the lease for such land is for a period of 30 years or more.

The provisions of the ordinance will not be applicable to a building used as the office of a government department or undertaking or in cases where the building is owned and used by the owner himself or for letting it out to others.

The association of allottees, as per the ordinance, will be formed immediately after the booking of seven apartments or 50 per cent of the apartments of a project, whichever is lower. The formation of this association will be a joint responsibility of the promoter and the allottees/apartment owners. The entire land of the project will be treated as a common area and will be registered in the name of the association.

Odisha is believed to be the first State in the country to bring such an ordinance to comply with the norms of the Real Estate (Regulation and Development) Act, of 2016. The State is also reportedly the first to facilitate the formation of an ‘association of allottees’ - a body that will minister the affairs of the apartment project or property including the common areas and facilities in accordance with the provision of the ordinance.