MoHUA Advises State RERAs to Grant Four-Month Extension Citing West Asia Conflict Under Section 6

MoHUA Advisory on Force Majeure Relief

The Ministry of Housing and Urban Affairs (MoHUA) has issued an advisory recommending that all State Real Estate Regulatory Authorities (RERAs) grant a four-month extension for project registrations and completion deadlines. The measure is intended to address project delays resulting from global supply chain disruptions and shortages of construction materials triggered by the ongoing conflict in West Asia.

Statutory Framework Under RERA Act 2016 §6

The regulatory relief is anchored in Section 6 of the Real Estate (Regulation and Development) Act, 2016. Under this provision, a regulatory authority may grant an extension of project registration due to force majeure, an event defined statutorily to include war, floods, drought, fire, cyclone, earthquake, or any other calamity caused by nature affecting regular development.

MoHUA highlighted that the Department of Expenditure under the Ministry of Finance, via an Office Memorandum dated 29 April 2026, officially categorised the prevailing situation in West Asia as "war" for invoking contractual force majeure provisions. Consequently, the Ministry affirmed that the circumstances meet the threshold required under Section 6 of the Act.

Scope of Application and Procedural Directives

To ensure consistent implementation and avoid undue administrative delays, MoHUA outlined specific parameters for state regulators:

• Eligible Projects: The advisory applies to registered real estate projects whose completion date, revised completion date, or previously extended completion date falls on or after 28 February 2026.
• Procedural Mechanism: State RERAs have been advised to issue an omnibus common order granting the four-month extension across eligible developments, eliminating the requirement for individual promoters to submit case-by-case applications.

Industry Response and Stakeholder Impact

The National Real Estate Development Council (NAREDCO) welcomed the intervention, noting that escalating freight costs and material deficits made adherence to existing schedules unfeasible for many builders. Industry representatives stated that a uniform administrative extension protects allottees by preventing uncoordinated project abandonment while shielding promoters from statutory penalties and litigation under RERA Act 2016 §18 for delays beyond their control.