Bhubaneswar, Aug. 28: The Odisha Apartment Ownership (Amendment) Bill, 2015, which was passed in the Assembly on August 24, tries to give more power to flat owners and empower them for better management of their own residential complexes.

However, it has not got full endorsement of real estate developers.

THE CHANGES TO THE ACT

The Odisha Apartment Ownership Act, 1982, which was modelled on a similar law in another state, had failed to address the problems of the flat owners even after four subsequent amendments.

In reality, most of the developers are not interested to help form residents' welfare associations. Even residents have shown little interest in this regard.

Speaking to The Telegraph, housing and urban development minister Puspendra Singh Deo said: "There is nothing to worry about the provisions of the new bill, as it offers the best possible deal to the apartment owners in Odisha. Once the bill becomes an Act, we will frame the rules for its implementation."

The minister also said that the rules would ensure that details of the projects are documented well with a government official. These records will be checked with the final documents submitted by the builder when he or she would apply for occupancy certificate.

Regarding formation of the residents' associations, Singh Deo said: "If there are 40 flats in an apartment block, after selling minimum seven apartments the real-estate developer has to form the association. In case of smaller apartments with less than seven flats, the owners can approach the authority concerned and apply for the same."

National executive member of the Confederation of Real Estate Developers' Associations of India D.S. Tripathy said: "The new provisions could be more effective, but the state government should have sought suggestions of different stake holders including real estate developers, buyers and construction companies."

He also said the condition for submission of documents, their registration, re-check and issuance of the occupancy certificate after the scrutiny by the competent authority would delay the registration process putting the real estate developers in a soup as already the sector was passing through a bad phase. There should be time-bound provisions for the agencies to issue the certificates, he said.

Partha Das, a resident from Pokhariput, said: "At last the state government has come with an interesting document as in many cases the developers are not abiding by the basic rules. This will help enforce the building regulations."