Rashmi Ranjan

The much-awaited Odisha Apartment (Ownership & Management) Bill, 2023 was introduced in the State Legislative Assembly by the Urban Development Minister, Usha Devi on Monday. 

According to sources, the introduced Bill extends to the whole of the State of Odisha.

As per the Bill, it shall be the responsibility of every promoter to handover all original documents related to the project, not limited to all title documents, Lease Certificate (in case of lease property), approved plans, as-is building plans, statutory compliance certificates, insurance documents, encumbrance documents, completed diagram of wiring, complete plumbing layout, equipment purchase documents, annual maintenance charge documents and any other documents related to the project to the association of allottees within thirty days of issue of occupancy certificate. 

Besides, the promoter needs to transfer all unpaid amount collected from the allottees, security deposits, corpus fund, advance collected, if any, along with interest thereon, to the association of allottees within thirty days of issue of the occupancy certificate.

The promoter shall rectify any structural defect or any other defect in workmanship, quality or provision of services or any other obligations without further charge, within a period of five years from handing over of the possession to the allottee.

The promoter shall maintain the common area and facilities till the association of allottees is formed in accordance with the condition laid down in section 15 and shall be entitled to levy proportionate maintenance charge as specified in the declaration. 

The rights and responsibilities of the allottees shall be, for the purpose of this Act, rights and responsibilities as assigned to the allottees under the Real Estate (Regulation and Development) Act, 2016 and any other rights and responsibilities specified under this Act.

“Occupancy certificate, ORERA registration and association registration are important during deeds registration. The older associations will continue and but they have to adopt the new by-law,” said Bimalendu Pradhan, a real-estate expert.

(Reported by Kapilendra Pradhan, OTV)