Extension of Registration of Real estate project under RERA 2016
2 years ago
Correct me if I'm wrong
As per sec 6 of RERA
In case of force majeure extension of registration may exceed one year
In all other cases(without default on part of promoter) aggregate period of extention shall not exceed one year.
A.Yes you are right as per the Section 6 of The Real Estate (Regulation and Development) Act, 2016. the registration which is granted under Section 5 of the Act can be extended by one year due to the force majeure reasons.
Section 6. Extension of registration.
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.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
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 as mentioned u/S6 of the RERA Act.
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Section 6 as notified and in force today is a replica of Clause 6 as tabled by the Select Committee. From its report, it is quite clear that two types of extensions were envisaged by the Select Committee- (i) Extension arising due to force majeure and (ii) 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.
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