Odisha Real Estate Regulatory Authority Regulations, 2017
Housing & Urban Development Department
Odisha Real Estate Regulatory Authority
(Plot No.371, Vivekananda Marg, Bhubaneswar-751014)
Notification
The 29th August, 2017
S.R.O. No.373/2017— In exercise of the powers conferred by sub-section (1) of Section 85 of the Real Estate (Regulation and Development) Act, 2016; the Odisha Real Estate Regulatory Authority does hereby make the following regulations, namely:—
1. Short title and Commencement. — (1) These regulations may be called the Odisha Real Estate Regulatory Authority Regulations, 2017.
(2) They shall come into force on the date of their publication in the Odisha Gazette.
2. Definitions.— (1) In these regulations, unless the context otherwise requires, —
(a) “Act” means the Real Estate (Regulation and Development) Act, 2016;
(b) “authenticated copy” shall mean a self-attested copy of any document required to be provided by any person under these regulations;
(c) “covered parking” means parking provided under stilt, in basement, in any floor of a multilevel parking, roof top or a parking space with a covered roof without walls on sides other than a garage in the real estate project;
(d) “Form” means Form appended to these regulations;
(e) “Rules” means the Odisha Real Estate (Regulation & Development) Rules, 2017;
(f) “section” means a section of the Act.
(2) Words and expressions, used but not defined in these regulations, shall have the meanings as respectively assigned to them in the Act and Rules.
3. Application by promoter. — Every application for registration of a new or ongoing real estate project made under sub-section (1) of Section 4 by the promoter or a person authorized by the promoter shall be in Form I and shall be in triplicate, with requisite documents as mentioned in Form I prescribed under the provisions of sub-section (2) of section 4, duly signed and authenticated, at the office of the Authority, until the application procedure is made web based for registration of a real estate project.
4. Fees. — (1) Application made under sub-section (1) of section 4 shall be accompanied by a fee specified in the table below.
| Type of Projects (1) | Rate of fee per sq. m of plot area exceeding 500 sq.m (2) |
| Residential Project | Five rupee (Subject to a maximum of two lakhs fifty thousand rupees) |
| Commercial Project | Ten rupee (Subject to a maximum of five lakhs rupees) |
| Mixed development | Seven rupee (Subject to a maximum of three lakhs rupees) |
(2) The payment of fees shall be accepted by way of a demand draft or pay order from a scheduled bank in favour of the Authority or through any other form that may be specified by the Authority, from time to time, which may include netbanking and online payment.
(3) The promoter, if intends to extend the time as declared by him under sub-clause (c) of clause (l) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be, he shall make an application in Form II accompanied with the fees which shall be twice the amount of fee paid by him in the manner as provided in sub-rule (1).
5. Application for approval of the Authority for transfer. — (1) The promoter shall make an application in Form III for obtaining prior written approval of the Authority as provided under sub-section (1) of section 15 for transfer of assets and liabilities of the project to a third party either in full or part, furnishing details about such intended transfer.
(2) Every application under sub-regulation (1) shall be accompanied by authenticated documents as specified below:
(a) Copy of the registration certificate of the project which is proposed to be transferred to a third party;
(b) Copy of the plan approved by the competent Authority;
(c) The part of the registered project proposed to be transferred should be marked on copy of approved plan along with a statement indicating the area of land, carpet area and common area, common facilities and amenities;
(d) Consent from the bank which is the chief financier of the project, if any;
(e) List of allottees with names and correspondence address, with email ID and mobile number and copies of their identity proof;
(f) List of at least two third of the total allottees, except the promoter, who have consented for such transfer of the real estate project to the third party with copies of their written consent letter in Form IV.
(3) On receipt of such application for transfer, the Authority shall intimate through a written notice to all the allottees about the intended transfer and shall cause scrutiny and verification of the information and documents provided therein and on being satisfied that such transfer will be in the interest of the development of the project and does not adversely affect the interest of allottees, creditors and parties to the project, the reasons of the same to be recorded in writing, shall either grant written approval for such transfer subject to such conditions if any, as may be specified in the order or refuse the application for transfer:
Provided that at the time of consideration of such applications and prior to grant of written approval, a notice shall also be published giving particulars of the project and description of the proposed transfer along with the name and detail address of the promoter to whom the project is intended to be transferred, calling for objections of the parties and creditors whose interests are likely to be affected by such transfer, in at least two newspapers in circulation in the area where the project is situated and a copy thereof shall also be exhibited on the site of the project as well as in the website of the authority for information of the allottees and parties.
(4) Every order granting approval or refusing approval, shall state the grounds for imposing such conditions or for such refusal in Form V.
6. Complaints to the Regulatory Authority. — The complaints filed by any aggrieved person shall be in FormVI, and such complaint shall be accompanied by relevant supporting documents along with a fee of rupees one thousand which shall be paid through pay order or Demand Draft from a scheduled bank drawn in favour of the Authority or through online.
7. Complaints to the Adjudicating Officer.— Any aggrieved person may file a complaint with the adjudicating officer in Form VII,and such complaint shall be accompanied by relevant supporting documents along with a fee of rupees one thousand which shall be paid through pay order or a Demand Draft from a scheduled bank drawn in favour of the Authority or through online.
8. Register of complaints.— On receipt of the complaint, the particulars of the complaint shall be recorded in Form VIII and separate registers for records of complaints shall be maintained by the Authority and the Adjudicating Officer mentioning the serial number of the complaint as a reference for subsequent communication between the complainant and the Authority or the Adjudicating Officer, as the case may be.
9. Meetings of the Authority. — (1) All meetings of the Authority shall ordinarily be held, at the office of the Authority.
(2) For every ordinary meeting of the Authority, an intimation in writing along with the agenda for the meeting and relevant notes, statements and reports, if any, shall be sent to all members of the Authority including Chairperson, at least seven days in advance, with the prior approval of the Chairperson.
(3) The non-receipt of a notice of meeting by any member shall not invalidate the proceedings of the meetings or any resolution passed or decision taken at such meeting.
(4) Any member of the Authority may propose for discussion on any matter of importance to be circulated for a decision, which is not included in the agenda with the permission of the Chairperson.
(5) The quorum for every ordinary meeting of the Authority shall be two-third of the members of the Authority, in absence of which the meeting shall stand adjourned.
(6) In case of adjournment, the Chairperson shall decide the date, time and place for meeting for transacting the business of the Authority which could not take place due to adjournment.
(7) The minutes of every meeting held by the Authority shall be recorded by the person as directed by the Chairperson which may be circulated to the members and to any other officer, for implementation.
10. Procedure for adjudication.— For the complaint received by the Authority and Adjudicating officer under regulation 6 and 7, the following procedure shall be followed, namely:—
(a) the notice issued by the Authority or the Adjudicating Officer, shall be in Form IX
(b) the notice may be sent through electronic mode and transmission of such communication shall be regarded as valid and adequate service
(c) on receipt of the notice, a reply shall be filed by the defendants on or before the date fixed for hearing, with a copy delivered to the complainant
(d) a daily cause list in Form X, containing cases fixed for hearing on a day by the Authority and Adjudicating Officer shall be prepared, in triplicate, and shall be pasted on the previous working day on the notice board of the Adjudicating Officer and the Authority or at such other places.
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