Himachal RERA invokes force majeure in wake of Covid-19 outbreak

The clause has been invoked for a period of six months, keeping in view the central government advisories

The housing and urban affairs ministry has issued an advisory regarding extension of registration of real estate projects and concurrently extending timelines of all statutory compliances due to ‘force majeure’ under the provisions of Real Estate Regulations and Development Act, 2016, said a spokesperson of Himachal Pradesh RERA on Monday.

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He said keeping in view the central government advisories and in exercise of powers vested under sections 37 and 34, a force majeure period of six months, from March 25 to September 24, 2020, has been invoked.

The spokesperson informed that for further extension beyond the aforesaid six months, for adversely affected projects concerned, promoters will have to apply in accordance with the provisions of Section 6 of the Act.

RERA may at its discretion waive off the fee for such extension under rule 6 (2) of HP Real Estate (Registration and Development) Rules, 2017, if it is due to force majeure. The time limits for compliances under Section 11, which become due anytime during force majeure period, stand automatically extended for a period till the expiry of the latter, he added.

The force majeure duration would be treated as a moratorium period for the purpose of calculating interest under sections 12, 18 19(4) and 19 (7) of the Act.