BACK TO RERA Act 2016
RERA Act 2016
Section 6
Extension of Registration
THE STATUTE
Original Text
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 the regulations made by the Authority:
Provided that the Authority, for reasons to be recorded in writing, may grant an extension of registration for such period, in aggregate, not exceeding the period of registration granted to the project:
Provided further that any extension of registration shall be on such terms and conditions as may be determined by the Authority.
Explanation.— For the purpose of this section, '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.
Legal Commentary
Section 6 is the relief valve for genuine delays — it allows promoters whose projects are behind schedule due to circumstances beyond their control to apply for an extension of their RERA registration (and implicitly, their project completion timeline) rather than face automatic revocation.
**Force majeure — defined narrowly:** The Act defines force majeure specifically as war, flood, drought, fire, cyclone, earthquake, or any other natural calamity. This is a narrow definition — not every business difficulty or market downturn qualifies. Courts and RERA Authorities have been called to apply this definition creatively: the COVID-19 pandemic led to a nationwide RERA extension direction by the Central Government, treating COVID as a force majeure event for all pending projects.
**'Sufficient cause' — broader than force majeure:** Aside from force majeure, the Authority can grant extension for 'sufficient cause' — which is not defined. This gives Authorities some discretion to grant extensions for government-caused delays (environmental clearances, court orders, regulatory delays) or other circumstances that are not the promoter's fault.
**Maximum extension = original registration period:** The extension cannot exceed the period for which the original registration was granted. If a project was registered for 4 years (a 4-year completion timeline), the maximum extension is another 4 years. Total maximum registration period: double the original.
**Extension does not waive compensation:** Extension of registration under Section 6 does not automatically extinguish allottees' rights to compensation under Section 18 for delay during the original period. Courts have consistently held that Section 6 extension only prevents registration from lapsing — it does not retrospectively justify the delay.
**COVID-19 special extension:** The Ministry of Housing and Urban Affairs in May 2020 directed all State RERA Authorities to grant force majeure extensions of 6 months (later extended to 9 months and further) to all RERA-registered projects for delays attributable to the COVID-19 lockdowns. This was the largest mass application of Section 6 in RERA's history.
Questions & Answers
Yes — Section 6 allows extensions due to force majeure (natural calamities, war) or other sufficient cause. The application must be made before the registration expires, with reasons. The Authority grants extension at its discretion — extension is not automatic. The maximum extension equals the original registration period.
No. Extension of registration under Section 6 prevents the registration from lapsing but does not waive compensation rights. Allottees can still claim Section 18 compensation for delays that occurred during the original completion period. Extension simply keeps the registration alive going forward.
Yes — the Ministry of Housing and Urban Affairs issued directions treating COVID-19 as a force majeure event for all RERA-registered projects. Most state RERA Authorities granted extensions of 6–12 months for projects that were delayed by COVID-19 lockdowns. The extension was applied systematically rather than requiring project-by-project applications in most states.