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Section 6 of the Real Estate (Regulation and Development) Act, 2016: Extension of Registration

The registration granted under section 5 may be extended by the Authority on an application by the promoter due to force majeure, in the form and on payment of the fee specified...

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October 1, 2026
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Last updated: October 2026Verified against: Government sources

Section 6 lets the Authority extend a project's registration when force majeure has interrupted the work, and gives it a second, wider power to extend in reasonable circumstances where the promoter is not at fault, up to one year in aggregate. An application for extension cannot be rejected without a hearing. If your project's registration is about to expire, our legal consultation service can help you prepare the application.

Section 6 at a glance

PartWhat it provides
Main textExtension on promoter's application due to force majeure; form and fee as specified by the Authority's regulations
First provisoExtension in reasonable circumstances, without default by the promoter, on the facts of each case, for reasons recorded in writing; aggregate not more than one year
Second provisoNo rejection of an application for extension without an opportunity of being heard
ExplanationMeaning of "force majeure"

The main rule: extension for force majeure

"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 regulations made by the Authority."

Key points:

  • It is the promoter's application that starts the process; the Authority does not extend on its own under the main text.
  • The word is "may": extension is not automatic.
  • The form and fee are set by the Authority's regulations, and they differ by State. The Act names none.
  • The registration being extended is the one under section 5, whose validity equals the completion period the promoter declared.

Explanation: what is force majeure

"Force majeure" means 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.

Listed eventNatural calamity?
WarListed by name
Flood, drought, fire, cyclone, earthquakeListed by name
Any other calamity caused by natureYes, by the general words

Notice the structure: war is listed, but the general words are "any other calamity caused by nature", so the phrase does not obviously extend to events that are neither war nor natural, such as a labour shortage or a delayed approval. The text does not mention such events. Whether a particular event qualifies is for the Authority to decide on the facts, and the promoter has to show that the event "affect the regular development" of the project.

The first proviso: a wider power with a one-year cap

"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."

Break it into conditions that must all be met:

  1. Reasonable circumstances.
  2. No default on the part of the promoter.
  3. Facts of each case are considered.
  4. Reasons recorded in writing.
  5. The extension is for such time as the Authority considers necessary, but in aggregate not more than one year.

"In aggregate" means that if the Authority extends more than once, the total of all extensions under this proviso cannot pass one year.

Example. Kapoor Housing declared 36 months for completion. A cyclone and the resulting flooding stop work for four months, and the promoter applies for extension. The Authority, after hearing, extends the registration by four months. Later, a separate no-fault delay of eight months arises. If the Authority extends again under the proviso, the two extensions together cannot exceed twelve months.

An open point in the text

The one-year cap appears in the first proviso. The main text (force majeure extension) states no cap. The text read here does not say whether the cap also governs a force majeure extension; the cap is attached to the proviso's words "in aggregate". A reader should not assume either way. Check the Authority's regulations and your State's practice, and see the Act's later provisions on delay and interest in our post on delay in possession.

The second proviso: hearing before rejection

"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." This mirrors the hearing rule for rejecting a new application in section 5.

What extension does and does not do

  • It extends the registration. The text of section 6 does not say that it changes the date fixed for handing over possession in the agreement for sale. Whether an extended registration affects delay-linked rights of allottees is a question to take from sections 18 and 19 and the agreement; see section 18.
  • It does not state a time limit within which the promoter must apply; the regulations may.
  • It does not say what happens if the registration expires with no extension. That is the subject of section 7 (revocation) and section 8 (lapse).

Practical checklist for a promoter

StepWhy
Note the registration end date from the section 5 grantValidity is the declared completion period
Apply in the prescribed form, with the fee, before the end dateThe Act does not give a late-application window
Document the force majeure event with dates and proofThe Authority records reasons in writing
Be ready for a hearingRejection needs one

Need help with an extension application?

An extension turns on proof of the event and on the dates in your original declaration. Our legal consultation team can help assemble the evidence, check the regulations of your State's Authority and prepare you for the hearing.

Key takeaways

  • The Authority may extend registration on a promoter's application due to force majeure (section 6).
  • Force majeure means war, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting regular development.
  • A separate no-default power allows extension up to one year in aggregate, with recorded reasons.
  • The text does not say whether the one-year cap also applies to a force majeure extension.
  • No application for extension may be rejected without a hearing.

Read next

Disclaimer: Based on the Real Estate (Regulation and Development) Act, 2016 as enacted, as consulted on 1 October 2026. Rules, forms, fees and procedures are made by each State and Union territory and its Real Estate Regulatory Authority and differ from State to State. This article is general information, not legal advice; check the official text and your State's rules before acting.

Quick recapKey facts & short answers

Key Facts About Section 6

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Who can apply for an extension under section 6?

The promoter, by application in the form and with the fee specified by the Authority's regulations.

What counts as force majeure?

War, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the project.

Ask the question before you sign — it is always cheaper than asking it afterwards.

— TaxClue Compliance Desk

Section 6: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The promoter, by application in the form and with the fee specified by the Authority's regulations.

War, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature affecting the regular development of the project.

The first proviso caps extensions in reasonable circumstances without promoter default at one year in aggregate. The text does not say whether the cap applies to a force majeure extension.

No. The second proviso requires an opportunity of being heard.

No. The Authority "may" extend; it is not automatic.

Section 6 does not say so. Check the agreement for sale and sections 18 and 19.