Project Extension in RERA

Project Extension in RERA
  • General
  • Wednesday 17th July 2019
  • Author: Shreya Uppal

Highlights

  • The registration of project granted under Section 5 of the RERA Act, 2016 may be extended by the authority. Section 6 of the RERA Act, 2016 explains the provision of Extension of registration of a project.

  • This section further clarifies that registration 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 specific state regulations made by the RERA Authority.

The registration of project granted under Section 5 of the RERA Act, 2016 may be extended by the authority. Section 6 of the RERA Act, 2016 explains the provision of Extension of registration of a project. This section further clarifies that registration 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 specific state regulations made by the  RERA Authority.
The term
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.
However, 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 1 year.

Note: The application for extension of registration shall not be rejected unless the applicant has been given an opportunity of being heard in this matter.

Extracts from the Rules of Various states regarding the Extension of the project:

1. Maharashtra
An application for extension of the real estate project shall be made to the Authority, in Form “E”, along with an explanatory note setting out the grounds and reasons for the delay in the completion of the real estate project and the need for the extension, along with documents supporting such grounds. The application for extension of Real Estate Project shall be accompanied with fees calculated on the area of land proposed to be developed at the rate of Rs.10 per square meter, subject to a minimum of Rs. 10,000 only and a maximum of Rs. 10 lakhs.
Also Read: MAHARERA Amendment Rules, 2019

2.
Haryana
The registration granted under the Act may be extended by the Authority, on an application made by the promoter in Form REP-V, in triplicate within three months prior to the expiry of the registration granted. It shall be accompanied with half of the registration fees along with an explanatory note setting out the reasons for the delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons.

3. Rajasthan/Gujarat
The registration granted under the Act may be extended by the Authority, on an application made by the promoter in Form-E, prior to the expiry of the registration granted. It shall be accompanied with half of the registration fees along with an explanatory note setting out the reasons for the delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons.

4.
Andhra Pradesh/ Uttar Pradesh
The registration granted under the Act may be extended by the Authority, on an application made by the promoter in Form-E, in triplicate within 3 months prior to the expiry of the registration granted. It shall be accompanied with twice of the registration fees along with an explanatory note setting out the reasons for the delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reason.

5.
Telangana/ Punjab/ Karnataka
The registration granted under the Act may be extended by the Authority, on an application made by the promoter in Form-E, in triplicate within three months prior to the expiry of the registration granted. It shall be accompanied with half of the registration fees along with an explanatory note setting out the reasons for the delay in the completion of the project and the need for extension of registration for the project, along with documents supporting such reasons.

6.
Goa
An application for extension of the real estate project shall be made to the Authority, in Form “V” hereto along with an explanatory note setting out the grounds and reasons for the delay in the completion of the real estate project and the need for the extension, along with documents supporting such grounds. The application for extension of Real Estate Project shall be accompanied with the fee calculated on the area of land proposed to be developed at the rate of Rs. 10 per square meter, subject to a minimum of Rs. 50,000 and a maximum of Rs. 10 Lakhs.

Therefore, the extension of a project is possible even though the rules for every state differs.
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Tags: 
MAHARERA Amendment Rules

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