TV
The registration of apartments built before the implementation of the Real Estate Regulatory Authority (RERA) Act in 2017 remains in a state of uncertainty, leaving buyers and sellers concerned. The Housing and Urban Development Department had earlier issued guidelines allowing hassle-free registration of such apartments. However, following a stay order by the High Court, the process has come to a standstill.
Legal Roadblocks Stall Registration
The Housing and Urban Development Department had earlier issued a directive stating that apartments completed before February 19, 2017—before the RERA Act came into effect—could be registered without restrictions.
However, a public interest litigation (PIL) filed by real estate activist Bimalendu Pradhan challenged this order, arguing that such registrations without an Occupancy Certificate (OC) would render them legally invalid. Taking note of the issue, the Orissa High Court imposed a stay on the directive and sought a response from the concerned authorities.
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“The Supreme Court had clearly mentioned that those who have no OC it will be considered as an unauthorized construction,” said Pradhan.
Apartment Owners in Limbo
Currently, about 95% of old apartment buyers across Odisha are unable to sell or transfer ownership due to a lack of proper registration. The absence of an OC has further complicated the issue, leaving thousands of homeowners in distress. Many apartment complexes built before RERA’s implementation have common areas that were never registered under the names of the residents, with builders retaining ownership instead.
Government’s Response and Future Outlook
In response to the crisis, Odisha’s Housing and Urban Development Minister Krushna Chandra Mohapatra assured that the government is working towards a resolution. Multiple meetings have been held with the Revenue Department to find a legal pathway for apartment registration. Officials have hinted at either issuing clarifications or amending the existing laws to resolve the dispute.
Minister Mohapatra said, “We have organised multiple meetings so that people can be benefitted. We are considering all aspects of how the stay order can be revoked.”
“I believe the stalemate will be resolved by the next month. We are doing the proper interpretation of the law. If it needs amendment, then we are also ready for it,” said Suresh Pujari, Revenue Minister.
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Apartment owners are now eagerly awaiting a final decision, with hopes that the legal deadlock will be cleared in the coming months. Meanwhile, the state government is preparing to present its case before the High Court, emphasizing the need for a structured resolution to end the prolonged confusion surrounding pre-RERA apartment registrations.
