REGISTRATION OF REAL ESTATE PROJECT AND REGISTRATION OF REAL ESTATE AGENTSCentral

Section 6 of The Real Estate (Regulation and Development) Act, 2016. in hindi

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 1[prescribed]: 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.

Summary

Section 6 allows the Authority to extend the registration of a real estate project.
Extensions are granted if there is a force majeure, which refers to natural disasters like floods or earthquakes.
The Authority can also grant an extension for up to one year in total if there are reasonable circumstances and the builder is not at fault.
Builders must apply for this extension and pay the required fee.
The Authority must record its reasons in writing when granting an extension.
No extension application can be rejected without giving the builder a chance to be heard.

Practical examples

1Builder Arjun is constructing an apartment complex in Chennai when a massive flood hits the city and stops work for months. He applies under Section 6 of the Real Estate Act for an extension due to this natural disaster.

2In a small town, a project is delayed because of a sudden, severe drought that prevents the use of water for construction. The builder, Meera, applies for a six month extension, and the Authority grants it after recording that the delay was not her fault.

FAQ

1. What qualifies as force majeure under Section 6 of The Real Estate (Regulation and Development) Act, 2016?

Under Section 6 of the Real Estate Act, force majeure includes war, flood, drought, fire, cyclone, earthquake, or any other natural calamity that stops project development.

2. How long can a project be extended under Section 6 of The Real Estate (Regulation and Development) Act, 2016?

In cases not involving natural disasters, the Authority can extend a project for a total period of up to one year under Section 6 of the 2016 Act.

3. Can RERA reject an extension request without a meeting under Section 6 of The Real Estate (Regulation and Development) Act, 2016?

No, Section 6 of the Real Estate Act requires the Authority to give the applicant an opportunity to be heard before rejecting an extension application.

Test yourself

Q1.Under Section 6 of The Real Estate (Regulation and Development) Act, 2016, what is the maximum total time the Authority can extend a project for reasonable non-disaster causes?

Q2.Which of these is NOT listed as a force majeure event in Section 6 of The Real Estate (Regulation and Development) Act, 2016?

Q3.According to Section 6 of The Real Estate (Regulation and Development) Act, 2016, what must the Authority do before rejecting an extension application?

Q4.Under Section 6 of The Real Estate (Regulation and Development) Act, 2016, who is responsible for paying the fee for an extension?

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