society management

Odisha Apartment Ownership Act, 2023: Understanding Key Points

Published: June 26, 2025

Odisha Apartment Ownership Act, 2023 is a new set of laws that govern administration of apartments in Odisha. The Odisha Apartment Ownership Act, 2023 replaces the Orissa Apartment Ownership Act, 1982, rather than amending it. The 2023 Act brings in a new framework, aligning it with RERA. The Odisha Apartment Ownership Act, 2023 is applicable to all residential and commercial apartments. However, it does not apply to standalone houses or individual properties. It has introduced improved norms for apartment registration in Odisha and apartment rules and regulations.

Key Objectives of Odisha Apartment Ownership Act, 2023

Odisha Apartment (Ownership and Management) Act, 2023 modernises the previous legal framework for apartment ownership.
This Odisha Apartment Ownership Act aims to bring transparency in the real estate sector.
This Apartment Ownership Act of Odisha clarifies ownership rights and responsibilities of associations and promoters.
It offers a good framework for management of common areas.

Also Read: A Comprehensive Overview of Karnataka Apartment Ownership Act 1972

Key Features of Odisha Apartment Ownership Act, 2023

Odisha Apartment (Ownership and Management) Act, 2023 mentions clear definitions of ‘apartment’, ‘promoter’, ‘Association of Allottees’ and ‘common areas’.
This Act mentions rights and duties of apartment owners and their roles in maintenance and AOA activities.
Odisha Apartment Ownership Act states various steps for management of common areas.

These features also ease the process of apartment registration in Odisha while maintaining legal charity through well-defined apartment rules and regulations.

Benefits of Odisha Apartment Ownership Act, 2023

Odisha Apartment Ownership Act, 2023 provides a clear idea of apartment ownership and the use of common areas.
Apartment Ownership Act of Odisha ensures that owners are getting to enjoy their living environment.
Odisha Apartment (Ownership and Management) Act, 2023 offers legal protection to property owners.
The Act helps property owners by providing clear directions for AOA participation and activities.
These laws can assist a property owner with sale and transfer of apartments.
This Ownership Act provides necessary instructions on formation of Association of Allottees.
It provides authority to owners to make collective decisions on maintenance of common areas.
The Act guides the association to maintain a well-managed community. It leads to an increased value of the apartments and facilitates apartment registration in Odisha.

Also Read: UP Apartment Act, 2010: A Complete Guide

Who is The Owner of The Apartment?

According to the Odisha Apartment Ownership Act, 2023, anyone to whom an apartment is sold, allotted or transferred by a promoter. Owners will have exclusive ownership of the property and access to common areas and various facilities. They are allowed to transfer their apartments using sale, lease, mortgage, gift and exchange. This provision is crucial during apartment registration in Odisha and while abiding by apartment rules and regulations.

Documents That Promoters Will Need For the Transfer

Occupancy certificate
Odisha RERA registration certificate
Apartment owners’ registration or AOA certificate
Registered declaration

Things to Know About The Declaration

Who Can Submit the Declaration?

Promoters must submit the declaration to the Competent Authority
The AOA can tender the declaration if the promoter fails to do so.
What Should The Declaration Contain?

Details of the land. Whether it is freehold or leasehold.
Approval of the project plan by the Competent Authority.
Breakdown of common areas and facilities (percentage ownership).
Mode of undivided interest calculation in common areas.
Rules on modifications and transfer of ownership.

Also Read: Andhra Pradesh Apartment Ownership Act: Complete Guide

Responsibilities of Promoters

Odisha Apartment Ownership Act, 2023 lays down specific guidelines for promoters. Some of them are:

Handing over documents like lease certificates, approved plans, insurance papers, etc.
Transferring unpaid amounts received from allottees, advance, security deposits, etc.
Rectifying structural flaws or any kind of similar defects.
Taking care of common areas and facilities till the Association of Allottees comes into formation.

Duties of Apartment Owners

Apartment owners form an association and ensure proper maintenance of the building. These are some of their duties:

To follow the bye-laws made by the Association of Allottees.
They can use common areas and other facilities according to the AOA approved bye laws.
The owners are not supposed to encroach on the rights of the others.
To avoid improper use of service areas and the basement. However, they can use the parking space for its actual purpose.
Individual owners are responsible for the maintenance of their apartments.
No one has the permission to make any alteration to the property except minor internal modifications.
They must take care of the walls, drains and pipes of their respective apartments.
No one has the right to put up any kind of sign-board or publicity material in common areas.
People are not supposed to change the paint of the exterior part of windows or outer walls. They require a written approval from the AOA for this purpose.

These responsibilities are clearly outlined in the Odisha Apartment Ownership and Management Act 2023 and form the foundation of apartment rules and regulations in the state.

Things You Need to Know About The Association of Allottees

The formation of an Association of Allottees is mandatory to carry out responsibilities as mentioned under RERA and this Act.
The promoters and allottees must come together to form an AOA.
Promoters must ensure the submission of application by AOA to the Competent Authority.
There must be only one Association of Allottees and not more than that.
An AOA that is registered under Odisha Apartment Ownership Act, 2023 must represent the owners at every forum.
Any allottee can become a member of the association. They will have voting rights.
Once a majority of the apartments are sold, the promoter must hand over control to the AOA. The promoter is not a permanent member unless they continue to hold unsold apartments.

Society Management System by NoBrokerHood

The society management system offered by NoBrokerHood can be a very effective means of implementing and complying with the Odisha Apartment Ownership Act, 2023. NoBrokerHood makes it simple for an Association of Allottees (AOA) to form and conduct business by providing an AOA with paperless registration, storage of documents (including obligatory and supporting documents), and transparent methods of communication. The application helps promoters and residents upload and manage documents such as occupancy certification, approved plans, and financial documents that the Act requires. NoBrokerHood makes it simple for promoters to comply with the AOA bye-laws, including digital voting, maintenance requests, and community sell messages. NoBrokerHood, also tracks the management of common areas while helping to ensure that responsibilities are assigned, fulfilled, and accessible in a transparent manner. Therefore, NoBrokerHood provides a tool that will help both promoters and owners meet their legal obligations in the Odisha Apartment Ownership Act 2023.

Society Accounting System

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Boom Barrier

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Parking Management System

CCTV Cameras in Apartments

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FAQ’s

1. What is the Odisha Apartment Ownership Act, 2023 and to whom does it apply?

The Odisha Apartment Ownership Act, 2023 is a regulation to govern the ownership and administration of residential and commercial apartments in Odisha. It repeals the Orissa Apartment Ownership Act, 1982 and complies with RERA guidelines. The Act applies to all apartments but it does not apply to free-standing houses / individual property.

2. What are the key duties of promoters under the Odisha Apartment Ownership Act, 2023?

Promoters have the duty to provide basic documents such as lease certificate, occupancy certificate, approved plan, etc. Promoters must maintain common areas until the Association of Allottees (AOA) is formed, deposit the accumulated money into the AOA, and remedy any structural deficiencies. These duties are clearly stated in the Odisha Apartment Ownership and Management Act 2023.

3. What rights and responsibilities do apartment owners have under this Act?

Apartment owners have exclusive ownership of a flat and will utilize common facilities in the property. They are required to abide by the AOA bye-laws, upkeep their apartment, and not alter any exterior features of the property without the AOA approval. Additionally, they are responsible for using common property and maintaining the building. These apartment rules and regulations are part of the broader Odisha Apartment Ownership Act 2023.

4. What is the function of the Association of Allottees (AOA) under the Act?

Once the promoter transfers control of the apartment complex, the AOA takes over management and maintenance of the apartment complex. The AOA ensures that its members satisfy any stipulated rules for use, represents individual apartment owners in legal matters, and ensures that the AOA processes are carried out in a democratic manner in accordance with the Act. Only one AOA is permitted for each project. The Odisha Apartment Ownership and Management Act 2023 provides a strong legal framework for AOA operations.

5. What records must be provided when transferring ownership of an apartment under the Act?

When transferring ownership, the promoter must provide the occupancy certificate, Odisha RERA registration certificate, registered declaration, and a registered apartment owner or AOA records. This ensures that the ownership of property is transferred in a legal and clear manner as mandated by the Odisha Apartment Ownership Act 2023.