Section 6: Extension of registration

Real Estate (Regulation and Development) Act, 2016 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2016

Legal Commentary & Landmark Judgments: Section 6

Section 6 governs the extension of real estate project registration, limiting extensions strictly to force majeure events or extraordinary circumstances, capped at a maximum cumulative duration of one year.

  • Force Majeure Grounds: Extension is permissible on grounds of war, flood, drought, fire, cyclone, earthquake, or any other natural calamity affecting normal development.
  • One-Year Ceiling: Total extension granted due to force majeure or non-promoter defaults cannot exceed one aggregate year.
  • Fee and Application: Requires submission of formal application accompanied by prescribed extension fees and verified progress reports.
  • Bar on Default Extension: Delays caused by promoter mismanagement, fund diversion, contractor disputes, or market slump cannot be classified as force majeure.
Key Landmark Precedents:
  • Pioneer Urban Land and Infrastructure Ltd. v. Govindan Raghavan, (2019) 5 SCC 725: The Supreme Court ruled that a builder cannot plead bureaucratic delay or standard contractual delays as force majeure to deny allottees their statutory right to refund or delay compensation under RERA.
  • In Re: COVID-19 Regulatory Relaxation, Suo Motu Order (2020) MahaRERA: Regulatory authorities invoked Section 6 force majeure to grant blanket 6-month extensions during the national pandemic lockdown, affirming that natural disasters qualify under statutory force majeure.
Courtroom Practice & Strategic Litigation Guidance:

When contesting a promoter's extension request before RERA, demand independent architect and chartered engineer audits to disprove unsubstantiated force majeure claims.