Many buyers receive a letter saying the "revised" or "extended" completion date is now later than the one in their agreement. Before accepting it, it helps to separate three different things a builder may be pointing to.
Short answer: A builder cannot change the possession date in your registered Agreement for Sale by itself. A contract can be altered only if the parties agree. What a builder can lawfully do is ask the Authority to extend the project's registration under Section 6, or rely on a grace-period or force majeure clause that you signed. Neither is the same as a one-sided change to your agreement date.
Three different "dates"
| Date | Where it comes from | Who it binds |
|---|---|---|
| Date in your Agreement for Sale | The contract you signed | You and the builder. Section 18(1) measures delay against "the date specified therein" |
| Declared completion date | The promoter's declaration at registration, which must state the time within which it undertakes to complete the project (Section 4(2)(l)(C)) | The promoter, towards the Authority |
| Extended registration date | An Authority order under Section 6 | The promoter and the Authority. It does not, by itself, change what the builder owes you |
What the law says
- Section 18(1) says the promoter is liable if it fails to complete or give possession "in accordance with the terms of the agreement for sale or, as the case may be, duly completed by the date specified therein". The measuring date is the agreement date.
- Section 6 lets the Authority extend registration for force majeure. A separate proviso allows extension "in reasonable circumstances, without default on the part of the promoter", for reasons recorded in writing, capped at one year in aggregate. The Explanation limits force majeure to natural calamities. See our article on force majeure under RERA.
- Contract law. Section 62 of the Indian Contract Act says that if the parties agree to substitute a new contract, or to rescind or alter it, the original need not be performed. The word is "agree". A letter from one side is not an agreement.
- The UP model agreement. The model annexed to the UP Agreement for Sale/Lease Rules, 2018 (as reproduced on CaseMine) says the agreement "may only be amended through written consent of the Parties". Your signed copy may vary, so check the amendment clause.
- Newtech. In Newtech Promoters and Developers Pvt. Ltd. v. State of U.P. (11 November 2021), the Supreme Court described the refund right as unconditional where possession is not given within the time in the agreement, regardless of unforeseen events or stay orders not attributable to the allottee.
- Ratan Buildtech. In Ratan Buildtech Pvt. Ltd. v. Anil Kumar (Allahabad High Court, Lucknow bench, 4 September 2025), the possession date in the agreement was undisputed, and delay interest was upheld from that date up to the offer of possession, even though the promoter said the delay arose from the authority's late completion certificate.
A MahaRERA order of 29 April 2026 (Divya Gajwani v. Five Star Construction, as reported in the press) is to similar effect: extending the project's registration did not let the developer change the possession date in a registered agreement, and the argument that the complaint was premature because of a later revised RERA date was rejected. Maharashtra orders are persuasive in Uttar Pradesh, not binding. Read the order before citing it.
The builder's usual moves, and your response
| Builder's move | Effect on your rights | What to do |
|---|---|---|
| "The project's RERA date has been extended" | Does not by itself change the agreement date | Reply that your rights run from the agreement date; keep the Section 6 order on file |
| "Our agreement has a grace period" | Depends on the clause you signed and how your Authority reads it | Read the clause. One Haryana tribunal called a six-month COVID-19 grace period "doubtful" |
| "Force majeure applies" | Only if the event fits the clause and the Act, and is proved | Ask for dates and evidence; see our force majeure article |
| "Please sign this addendum with a new date" | If you sign, you may be treated as agreeing | Do not sign without advice |
| "Sign this possession letter, no claims" | May be used against your delay claim | Take possession under written protest, if at all |
The UP model format, as reproduced online, does not appear to include a fixed grace-period clause, but many private agreements do. Do not assume yours matches.
What you can do
- Reply in writing. Say that you do not accept any change to the possession date and that your Section 18 rights stand. Silence is not consent, but a clear record helps.
- Keep paying on schedule. Section 19(7) makes you liable for interest on late payments.
- Choose your Section 18 option. Withdraw with a refund, or stay and claim interest for every month of delay. See our articles Builder Delayed Possession? Your Options Under RERA and Refund vs. Waiting for Possession: Which Is Better for You?.
- Calculate interest from the agreement date. Our article on How Delay Interest Is Calculated Under Section 18 of RERA has the method.
- Complain if needed. Refund and delay interest go to the Authority, and compensation to the Adjudicating Officer (Newtech, para 86).
Notes for lawyers
- Plead the three-date distinction clearly: agreement date, declared date, extended registration date.
- Section 14(2) bars alterations to sanctioned plans without the allottee's previous consent, "notwithstanding anything contained in any law, contract or agreement". It concerns plans and specifications, not dates, so cite it only to show the Act's preference for consent, and not for the date point.
- If the promoter relies on an addendum, probe consent: who drafted it, whether it was a condition of loan disbursement or possession, and whether consideration or protest appears.
- Check whether the extension order itself says it affects allottees. The central advisory of May 2020, as summarised in published commentary, addressed registered timelines.
Frequently asked questions
Does the builder need my consent to extend the date? To change your contract, yes. Extending the project's registration does not need your consent, but it does not change your agreement.
My builder says the RERA website shows a new date. Can I still complain? Yes. The RERA website date is the project's registered date. Section 18 looks at the date in your agreement.
Can the Authority extend registration for years? Under the first proviso to Section 6, extensions for reasonable circumstances are capped at one year in aggregate. Force majeure extensions are treated separately, and tribunals have read the cap differently. Check the order for your project.
This article is for general information and is not legal advice. Laws, rules and rates change and differ by state. Verify current provisions before acting.