Shyam Sunder
Legal Intern
MJ & Partners
RERA- Section 6
Bare provision: -
The registration granted under section 5 may be extended by the Authority on an application
made by the promoter due to force majeure, in such form and on payment of such fee as may
be specified by regulations made by the Authority:
Provided that the Authority may in reasonable circumstances, without default on the part of
the promoter, based on the facts of each case, and for reasons to be recorded in writing,
extend the registration granted to a project for such time as it considers necessary, which
shall, in aggregate, not exceed a period of one year:
Provided further that no application for extension of registration shall be rejected unless the
applicant has been given an opportunity of being heard in the matter.
Explanation. - For the purpose of this section, the expression "force majeure" shall mean a
case of war, flood, drought, fire, cyclone, earthquake, or any other calamity caused by nature
affecting the regular development of the real estate project.
Two types of extensions are provided in the section 6-
1. Extension arising due to force majeure and
2. Extensions in reasonable circumstances as thought fit by the Authority but subject
always to reasons to be recorded in writing and which in aggregate could not exceed
one year.
Rule 6 of the Maharashtra Real Estate (Regulation and Development) Rules, 2017
("Maharashtra Rules") provides that the period for which registration shall be valid shall
exclude such period where actual work could not be carried by the promoter as per
sanctioned plan due to specific stay or injunction orders relating to the real estate project
from any Court of law, or Tribunal, competent authority, statutory authority, high power
committee etc., or due to such mitigating circumstances as may be decided by the
Authority.
This exclusion in effect may automatically extend the registration of a project while also
bypassing the one-year limit on extensions for reasons other than force majeure.
