In recent years, several real estate projects have faced delays and could not be completed within the stipulated timeline. The Real Estate (Regulation and Development) Act, 2016 provides a mechanism to deal with such situations. Specifically, Section 7(3) of the Act allows MahaRERA to extend a project’s registration even after the maximum period under Section 6 has expired — provided it is in the interest of homebuyers (allottees). However, this is not an automatic extension. The promoter must follow a strict legal procedure with proper documentation and justification.
The Legal Framework and Recent Orders
Earlier, under Order No. 07/2019, promoters were required to obtain 51% consent from the Association of Allottees (AoA) to continue with the same developer for completion. However, in practice, many projects remained stuck due to the difficulty of obtaining this majority consent. To address this, MahaRERA issued Order No. 40/2022 and subsequently Supplementary Order No. 40A/2023, allowing promoters to apply for an extension even without 51% consent — subject to filing a detailed application and demonstrating sufficient cause.
Application through Form E
For seeking an extension, the promoter must submit an application in Form E as prescribed under Rule 7(1) of the Maharashtra Real Estate Rules, 2017. This is the official form for extension of project registration and must be filed with complete accuracy.
Payment of Extension Fee and Submission of Consents
Along with Form E, promoters must pay the prescribed extension fee under Rule 7(3). Additionally, any consent letters collected from allottees must be filed in Format B as per MahaRERA Circular No. 28/2021. Even if 51% consent is not available, whatever support has been collected should still be submitted.
Explanation for Lack of Consent and Delay
If the promoter fails to secure 51% consent, a letter on company letterhead must be filed explaining:
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Why majority consent could not be obtained
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Efforts made to gather it
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Why the extension is still necessary in the interest of allottees
Further, the promoter must submit an explanatory note outlining the reasons for project delay, supporting documents, and a revised completion plan such as a PERT chart or time-bound construction schedule.
Pending Legal Matters and Notarized Declaration
Promoters are also required to disclose all pending complaints and litigations related to the project, including those before MahaRERA, the Appellate Tribunal, Consumer Forums, Civil Courts, NCLT, or the High Court. In addition, a notarized declaration must be provided confirming that the extension will not affect the rights of allottees, that all conditions imposed by MahaRERA will be followed, and that MahaRERA’s decision will be final and binding.
Updating Project Details on MahaRERA Portal
Before submitting the application, promoters must ensure that the project information on the MahaRERA website is fully updated. This includes sales and booking status, Forms 1, 2, 2A, 3, and 5 (duly signed), revised timelines, and disclosures on parking and amenities. Any outdated or incomplete information may lead to rejection of the extension request.
Conclusion – Transparency is the Key
Extension of project registration under Section 7(3) is not a right but a privilege granted only when justified in the interest of homebuyers. Promoters must act responsibly, prepare documents honestly, and maintain transparency. MahaRERA will always support timely project completion, but never at the cost of homebuyers’ rights. For builders and promoters, the best way forward is legal compliance, openness, and respect for allottees.
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