RERA Project Extension at a Glance

When the promoter couldn’t complete the projects within the time period declared at the time of making application for registration of Project with UP RERA, it may apply for extension of time period for completion of the projects as per Section 6 of the RERA Act, 2016

Approval of extension of time period is the discretionary power of the authority. If the authority is satisfied with the reasons for delay in completion of the projects, it may approve the extension only upto 01 year. In case the authority is not satisfied with the reasons, it may reject the application subject to opportunity of being heard.

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Procedure for application for RERA Project Extension

Step-1

Preparation of Application

It is always advisable to draft an application for extension of time period for completion of projects with details information as follows;

  • (a) Basic information about the Company
  • (b) Current Situation of the Project
  • (c) Total unit in the projects out of which no of sold units etc.
  • (d) No of approvals taken
  • (e) No of pending approvals
  • (f) Financial of the projects reflecting amount of loan, cost of constructions, available funds and proposed funds etc.
  • (g) Specify the practical reasons for delay in the completion of project along with documented evidences
  • (h) Report on compliances to be done under RERA like QPR compliances etc.
  • (i) Any other relevant information/documents

Step-2

Submission of Application on online Portal

After finalization of application along with documents in pdf format, you need to log in your webpage as maintained under UP RERA Portal and submit the application for extension of the time period for completion of the project. It is also advice to submit one set of complete documents in physical with RERA Authority.

Step-3

Approval/Rejection

Approval of extension of time period is the discretionary power of the authority. If the authority is satisfied with the reasons for delay in completion of the projects, it may approve the extension only upto 01 year. In case the authority is not satisfied with the reasons, it may reject the application subject to opportunity of being heard

Maximum Time period may be extended for completion of the Project

As per Section 6 of the RERA Act, 2016, the Authority is empowered to extend the registration allotted to a project for such time as it deem necessary, which shall, in aggregate, not exceed one year.

Cases where extension of time period is allowed (Section 6 of RERA Act, 2016)
  • 1- Due to force majeure:- if the promoter couldn’t complete the project within time period on grounds of force majeure, the authority may the grant the extension of RERA Project.
  • Due to reasonable circumstances:- following points may be considered as reasonable circumstances;
    • (a) Stay on construction by National Green Tribunal (NGT)
    • (b) Stay on construction by local authorities
    • (c) Dispute raised by the farmers
    • (d) Stay on construction by court order
    • (e) Any other reason

What to be considered as Force Majeure

Following events shall be considered as force majeure Under RERA, 2016

  • (a) War
  • (b) Flood
  • (c) Drought
  • (d) Fire
  • (e) Cyclone
  • (f) Earthquake
  • (g) Or any other calamity caused by nature affecting the regular development of the real estate project.

Note- the Government has declared that COVID-19 shall also covered under the ambit of force majeure