Real Estate Law / RERA 2016 / Chapter II

Section 6 of RERA 2016: Extension of Registration of Real Estate Projects

Section 6 of the Real Estate (Regulation and Development) Act, 2016 governs extension of the registration of a real estate project granted under Section 5. It provides for extensions where force majeure affects development, and also allows a limited extension in reasonable circumstances without default by the promoter. An application must follow the applicable rules and procedures of the relevant Real Estate Regulatory Authority (RERA).

Key rule: The statutory one-year aggregate limit expressly applies to extensions under the first proviso for reasonable circumstances without promoter default. The Act separately addresses force majeure. Applicable state rules, orders and specific facts must also be examined.

Meaning of Section 6: Extension of Registration

The registration period ordinarily follows the project completion period declared by the promoter under Section 4(2)(l)(C) and Section 5(3). If qualifying events delay completion, the promoter may request additional time under Section 6; extension is not automatic.

Legal Provisions under Section 6

1. Extension on the Ground of Force Majeure

Registration granted under Section 5 may be extended by the Authority on an application by the promoter due to force majeure, in the prescribed form and on payment of the prescribed fee, where applicable. The words relating to the form and fee were amended by the Real Estate (Regulation and Development) Removal of Difficulties Order, 2016, with effect from 28 October 2016, replacing the earlier reference to regulations made by the Authority with "prescribed".

2. Extension in Reasonable Circumstances Without Promoter Default

The first proviso permits the Authority, having regard to the facts of the individual case, to extend registration where reasonable circumstances exist without default on the part of the promoter. Reasons must be recorded in writing. The extension under this proviso must not exceed one year in aggregate.

3. Opportunity of Hearing Before Rejection

The second proviso protects the promoter against rejection without a hearing. The Authority must give the applicant an opportunity of being heard before rejecting the application for extension.

4. Definition of Force Majeure

The Explanation to Section 6 defines force majeure to mean war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the real estate project. A mere commercial difficulty or ordinary delay is not, by itself, a statutory force majeure event. The circumstances, causation and relevant Authority orders matter.

How to Apply for Extension of RERA Registration

  1. Identify the ground: Explain the force majeure event or reasonable circumstances beyond the promoter's default.
  2. Check the applicable rules: Consult the State or Union Territory RERA rules, prescribed form, fees and filing deadline.
  3. Prepare supporting evidence: Include the existing registration details, project progress, revised completion schedule, approvals and documentary evidence of the delay.
  4. Submit through the competent RERA: File on the prescribed portal or in the manner required by the Authority, preferably before registration expires and within the applicable deadline.
  5. Respond to queries or hearing notices: Supply additional documents and review the reasoned decision. If extension is granted, update the project disclosures as required.

For example, the Delhi Real Estate (Regulation and Development) (General) Rules, 2016 prescribe a specific application procedure and supporting documents. The exact form, fees, exemptions and timing may differ in other jurisdictions.

Does Every Delay Qualify for an Extension?

No. The promoter should establish the event, its effect on regular development, the absence of promoter default where relying on the first proviso, and the period actually required. The Authority examines the evidence and applicable statutory provisions. An extension of project registration should not be assumed to automatically extinguish contractual rights or statutory remedies of allottees, including those under Section 18.

Related RERA Provisions

Section 3 deals with prior project registration; Section 4 sets out application requirements; Section 5 governs grant and validity; Section 7 addresses revocation; and Section 8 concerns the consequences of lapse or revocation.

Official Government Resources

Refer to the India Code repository for the Act and amendments, the Ministry of Housing and Urban Affairs RERA FAQs, and the relevant State or Union Territory RERA website for current rules, orders and online application procedures.

Conclusion

Section 6 provides a controlled mechanism for extending real estate project registration when exceptional events or qualifying circumstances delay development. Promoters should document the reasons, comply with the applicable rules and submit a properly supported application; the Authority must follow the statutory safeguards, including a hearing before rejection.