The Real Estate (Regulation and Development) Act, 2016 (RERA) governs project registration extensions to ensure timely completion and safeguard homebuyers’ interests. Sections 6 and 7(3) define when promoters can apply for extensions, either with or without allottees’ consent.

Extension with Consent of Allottees (51% Required)

When a project faces delays that are not due to force majeure events, promoters must obtain written approval from at least 51% of the allottees before requesting an extension. The process includes:

1. Securing Consent – The promoter must collect written approval from at least 51% of homebuyers.

2. Application Submission – The consent document must be submitted along with the extension request to MahaRERA.

3. Regulatory Review – MahaRERA will evaluate the cause of delay and the revised project timeline before granting approval.

This process ensures transparency and accountability, giving homebuyers a say in project delays.

Extension without Consent of Allottees

In some cases, promoters can seek an extension without homebuyers’ consent. These situations include:

• Force Majeure Events – Natural disasters, pandemics, wars, or other uncontrollable circumstances.

• Court Orders – Delays resulting from legal proceedings or judicial rulings.

• Government Regulations – Changes in laws, policies, or regulations impacting project timelines.

In these cases, MahaRERA has the authority to approve extensions without requiring consent from allottees.

MahaRERA’s Role in Granting Extensions

Regardless of consent, MahaRERA assesses each extension application based on:

• Validity of Delay Reasons – The promoter must justify why an extension is necessary.

• Feasibility of New Completion Timeline – The revised schedule must be realistic and achievable.

If MahaRERA finds the justification insufficient, it may reject the request, requiring the promoter to take corrective actions.

Why Understanding RERA Extensions Matters

For Promoters:

• Ensures compliance with RERA regulations.

• Prevents legal penalties and project disruptions.

• Provides a structured approach to managing unexpected delays.

For Homebuyers:

• Protects their investment and legal rights.

• Ensures they have a say in non-force majeure extensions.

• Offers legal recourse if extension policies are misused.

Conclusion

Understanding RERA’s extension provisions helps both promoters and homebuyers navigate project delays fairly. Whether applying under Section 6 (force majeure) or Section 7(3) (general delays), following proper procedures ensures transparency, compliance, and accountability in real estate transactions.

For expert guidance on RERA compliance, contact ReraFirst at info@rerafirst.com. Our team is here to assist promoters with the extension process and help homebuyers protect their investments.