While the flat owners have welcomed the recently introduced Odisha Apartment (Ownership and Management) Ordinance, 2023, the state chapter of the Confederation of Real Estate Developers’ Association of India (CREDAI) has objected to certain points.
As per the gazette notification issued by the Law Department, the ordinance will be applicable to all apartments or buildings converted into apartments irrespective of whether their construction was before or after the date of the enforcement of the Ordinance.
Similarly, the Ordinance will also be applicable to all apartments used or proposed to be used for residence, office, practice of any profession, or carrying on any occupation, trade, or business or for any other type of use.
The ordinance also makes it clear that the promoters and the allottees are responsible to form an association of the allottees if either 50 % of allottees or seven allottees, which is lower, have been allotted apartments.
While flat owners have welcomed the notification, the state chapter of CREDAI opposed some points of it.
“There are many things like how we will conduct an election, how we will maintain, how we will be a body corporate. We can make investments and make a profit. We can acquire ownership of land. We will become an entity,” said real estate activist Bimalendu Pradhan.
DS Tripathy, president, CREDAI, pointed out, “The norms of fire and occupancy have been changed. In case of getting occupancy of an old building constructed when the old norms were in force, the government hasn’t made any provision.”
It’s a fact that the notification is hard on the builders. The builders are bound to hand over the position to the owners within three months of getting the occupancy certificate. Or else, the builders will end up paying fine up to Rs 5 lakh.
“As of now, the ordinance has been out. The rules are to come. It hasn’t been declared where the registration will be done and who will be the competent authority. The registration will be done only after the rules are out and the declaration about the competent authority,” said advocate Mohit Agra