Waiting endlessly for your dream home?
Many builders now cite force majeure—uncontrollable circumstances—to justify delays in delivering possession to homebuyers. But can they legally do that? What exactly does RERA say about this?
Let’s decode the real estate possession delay laws in India, and help you understand your rights as a buyer.
What Is Force Majeure Under RERA?
Under Section 6 of the Real Estate (Regulation and Development) Act, 2016 (RERA), developers can request a one-year extension if a project is delayed due to force majeure events, natural calamities like:
● Floods
● Earthquakes
● Fires
● Cyclones
● Drought
● Wars
● Court injunctions
● Pandemics (e.g., COVID-19)
According to RERA, the event must directly affect the construction or timely delivery of the real estate project.
What Builders Must Do to Claim Force Majeure
To legally seek an extension under RERA:
- Builders must submit Form REP-V with valid documentation.
- They must prove a direct connection (causal nexus) between the event and the project delay.
- The delay cannot be due to commercial or internal issues like lack of funds or material shortages.
Note: Builders cannot misuse force majeure to hide poor planning or financial issues.
For More Visit :- Best Home Construction Company in Gurgaon
How Long Can Builders Extend Possession Using Force Majeure?
RERA allows a maximum one-year extension, but only for legitimate reasons.
They cannot keep applying for extensions indefinitely.
Each request must be justified, documented, and reviewed by RERA.
Prolonged or repeated delays can be challenged in court or by a buyer’s association.
Can Builders Auto-Extend Possession Dates in Agreements?
Many builders include auto-extension clauses in sale agreements, stating they can delay possession for any reason under “unforeseen circumstances.”
These clauses are not legally enforceable.
Under RERA, the Indian Contract Act, and Consumer Protection laws, one-sided clauses that favor only the builder can be struck down.
What a standard RERA agreement says:
“Possession shall be delivered as per agreed terms, unless delayed due to force majeure, court orders, or government interventions.”
But these clauses don’t allow unlimited time—the promoter must still refund the buyer if the project is indefinitely stalled due to force majeure.
Can Buyers Challenge RERA Decisions?
Yes! Homebuyers can:
● File objections to a builder’s extension request.
● Challenge arbitrary decisions by RERA in higher courts.
● Seek compensation for delay in possession if no valid force majeure is proven.
Update from May 2025:
All extension requests under RERA must now be published as public notices in newspapers. Buyers can then file objections before an extension is granted.
For More Visit :- Home Construction Company in Gurgaon
Key Takeaways: Your Rights Under RERA
Builders can invoke force majeure for natural calamities or court restrictions, not internal business failures.
Maximum extension is 1 year, and requires proof & documentation.
Buyers must be informed via public notice and have the right to object.
Auto-extension clauses in builder agreements are not binding under RERA.
Legal remedies are available—RERA complaints, NCDRC, and civil courts.
Need Help With Property Possession Delay?
At LegalAdviceIndia.com, we provide expert consultation and legal assistance for:
● Delayed possession disputes
● RERA complaints and hearings
● Agreement review & builder disputes
● Real estate litigation and buyer rights
📞 Speak to our real estate legal experts today.
💬 Chat with us | 📧 Email: support@legaladviceindia.com | 🌐 www.legaladviceindia.com
