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Section 21

The Odisha Apartment (Ownership and Management) Act, 2023State Act of Odisha · Act 8 of 2023

(1) Upon completion of thirty years of age of the building, the Secretary as the Trustee of the association of allottees or any other office bearers as may be authorised in writing by the Executive Committee shall get the structural stability tested by a certified and a registered structural stability engineer and if he, on inspection of the apartment, is of the opinion that the said building is, ―

(a) safe for continued occupation, he shall give a certificate to that effect; or

(b) unsafe for continued occupation even after modification or repair is undertaken, he shall declare that the building is unsafe for living and accordingly he shall intimate the Secretary of the association of allottees simultaneously to the Competent Authority concerned as well as the Local Authority having jurisdiction over the area within which the said building is situated.

(2) where the building has been declared as safe for continued occupation under clause (a) of sub-section (1), the association of allottees shall , once in every five years, obtain a structural stability certificate from the certified and registered structural stability engineer and if the association of allottees is aggrieved by the opinion of the structural stability engineer communicated under clause (b) of sub-section (1), the Secretary of the association of allottees may, within thirty days from receipt of such opinion, prefer an appeal before the competent authority whose decision, subject to further appeal, shall be final.

(3) The provisions regarding disposition of property, destruction or damage provided in Section 22 shall, mutatis mutandis, apply where it is required to repair the building or demolish the building under this section.

Where this provision sits

ActThe Odisha Apartment (Ownership and Management) Act, 2023
Section21
JurisdictionState of Odisha
StatusIn force as published by the source

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