Bhubaneswar: The Odisha government has amended the “existing table of fees payable” under Section 78 of the Registration Act, 1908, for transferring “common areas” in real estate projects to the Association of Allottees, enabling the complete handover of project land to homebuyers.
According to the notification issued by Revenue and Disaster Management Department, promoters will be able to transfer through a registered sale deed the common areas (the entire land of the project) to the registered “Association of Allottees” by paying a consolidated fee of Rs 20000 as registration fee.
This step is expected to facilitate the registration of new projects in compliance with the Odisha Apartment (Ownership and Management) Act, 2023. The developer is required to pay this amount to the sub-registrar when transferring the common areas of a project, department sources said.
Under both RERA and the state’s apartment law, common areas encompass the entire project land.
Section 17 of the RERA Act mandates transfer of the ‘common areas’ of a project to the registered association of allottees, while section 8 of the Odisha Apartment (Ownership and Management) Act, 2023 also adopts such transfer to the association. However, since the Odisha Apartment Act was enacted on June 26, 2023, the absence of a specified registration fee for common areas had previously caused delays in their transfer to the association and in overall project registration.
