Laws, Rules & Regulations

Real Estate (Regulation and Development) Act, 2016

The governing central statute. Requires registration of projects and agents, mandates escrow of 70% of realisations, and creates the Authority and Appellate Tribunal.

• Registration is mandatory for projects above the prescribed area or unit threshold.
• 70% of amounts realised from allottees must be kept in a separate project account.
• Quarterly progress reports (QPRs) must be filed for every registered project.
• Carpet area, not super built-up area, is the basis of sale.

Odisha Real Estate (Regulation and Development) Rules, 2017

The State rules that operationalise the Act in Odisha — registration forms, fees, disclosure formats and the agreement for sale.

• Notified 25 February 2017 vide S.R.O. No. 76/2017, Odisha Gazette No. 278.
• The Authority was established with effect from 7 October 2017 under section 30 of the parent Act, which is the date separating pre-RERA from post-RERA projects in Odisha.

Odisha Real Estate Regulatory Authority Regulations, 2017

The Authority's own procedural regulations — how complaints are filed and heard, and how the Authority conducts its business.

ORERA Project & Agent Register

The public register of every project and agent registered in Odisha, with promoter details, approvals and quarterly filings.

Odisha Real Estate Appellate Tribunal

The appellate forum for orders of the Authority. Appeals must be filed within the period prescribed under Section 44 of the Act.

Odisha Development Authorities Act, 1982

Act 14 of 1982. Constitutes the Development Authorities, declares development areas, and is the parent statute for planning permission and building standards.

• Section 3(1) declares 'development areas'.
• Section 123 is the rule-making power under which the Building Standards Rules are framed.

Odisha Development Authorities (Planning and Building Standards) Rules, 2020

The operative building rules across all declared development areas — land use, FAR, setbacks, height, parking, and the plan approval process.

• Made under Section 123 of the ODA Act, 1982; extends to all development areas declared under Section 3(1).
• Amended several times since notification — check the latest amendment before relying on any standard.
• Purchasable FAR and the definition of residential buildings have both been the subject of amendment.

Bhubaneswar Development Authority — Plan Approval

Planning permission, building plan approval, occupancy certificates and the Comprehensive Development Plan for the Bhubaneswar development area.

Bhubaneswar Municipal Corporation

Municipal approvals, holding tax, trade licence and civic NOCs under the Odisha Municipal Corporation Act, 2003.

Odisha Land Reforms Act, 1960 — Section 8(A) conversion

Conversion of agricultural land to non-agricultural use. Section 8(A) permission is a precondition for most development on agricultural khata land.

• The authorised officer must be satisfied that conversion does not violate any master plan, improvement scheme, development plan or town planning scheme.
• Conversion is completed on payment of the prescribed conversion fee.
• Ordinarily passed by the Tahasildar; by the Collector where the matter is retained at that level.
• Reform of the conversion framework is an active ODFed representation to Government.

Conversion of Agricultural Land (U/s 8-A) — Odisha One

The online application route for a Section 8(A) conversion order.

Bhulekh — Record of Rights

The State land records portal. ROR, plot and khatiyan verification for due diligence on any site.

Odisha Town Planning and Improvement Trust Act, 1956

Town planning schemes and improvement schemes; referenced directly in the Section 8(A) conversion test.

Registration Act, 1908 & Indian Stamp Act, 1899

Compulsory registration of instruments and the stamp duty payable on them, as applied in Odisha through IGR Odisha.

Odisha Apartment (Ownership and Management) Act, 2023

Act 8 of 2023, in force from 28 June 2023. Replaces the Orissa Apartment Ownership Act, 1982 and aligns apartment ownership with the RERA framework.

• Applies to residential and commercial apartments; not to standalone houses or individual properties.
• Sets the framework for the Association of Allottees and for management of common areas.
• H&UD has clarified that registration of an apartment completed before RERA commenced is not to be denied by citing the OAOM Act.
• Clarification of pre-RERA apartment registration is an active ODFed representation to the HUD Secretary.

Odisha Apartment (Ownership and Management) Rules, 2023

Forms, procedures and timelines under the 2023 Act — declaration, deed of apartment, and formation of the association.

GST on Real Estate

The concessional rate structure for residential construction and the input tax credit position that goes with it.

• Sale after issue of the completion certificate is neither a supply of goods nor of services.
• Rates and ITC eligibility differ for affordable and other-than-affordable residential apartments.

Income Tax — Section 194-IA TDS on transfer of immovable property

TDS obligation on the buyer on transfer of immovable property above the prescribed consideration.

Environment Impact Assessment Notification, 2006

Environmental clearance for building and construction projects above the prescribed built-up area thresholds, as amended.

Fire Safety Clearance — Odisha Fire Service

Fire safety recommendation and NOC required for high-rise and specified occupancies before occupancy certificate.

Consent to Establish / Operate — OSPCB

Consents under the Water and Air Acts administered by the Odisha State Pollution Control Board.

Consumer Protection Act, 2019

Deficiency in service and unfair trade practice claims, which run alongside — not instead of — remedies under RERA.

Insolvency and Bankruptcy Code, 2016

Homebuyers are financial creditors under the Code — relevant to project structuring, lending and stalled-project resolution.