The () has ushered in a transformative change for the real estate sector by notifying the (Insolvency Resolution Process for Corporate Persons) (Fifth Amendment) Regulations, 2026. Effective , these regulations introduce a comprehensive framework for project-specific insolvency resolution, addressing long-standing grievances regarding the commingling of funds and the lack of clarity in delivering project-wise possession to homebuyers. By mandating segregated financial operations and heightened oversight, the seeks to prevent the collapse of viable real estate projects during the broader corporate insolvency process.
Under the new regulatory regime, the or the is now required to maintain separate bank accounts for each individual real estate project owned by a . This measure is designed to ensure that financial inflows and outflows for one project do not subsidize or mask the liabilities of another, thereby enforcing strict compliance with the . Furthermore, the must present project-wise statements of receipts and payments to the at intervals deemed appropriate, allowing for a more granular assessment of the project's financial health.
The amendment empowers the with the authority to isolate specific real estate projects. By achieving a minimum sixty-six percent vote, the committee may recommend to the that a particular project be excluded from the . This provides a strategic mechanism to ring-fence functioning projects from those that are essentially unviable, preventing a contagion effect where a singular failed project jeopardizes the completion of others within the same corporate entity.
A pivotal feature of this amendment is the formal recognition of homebuyers' interests within the governing structures of an insolvency case. For the first time, the must include either an authorized representative of the creditors in a class or an individual chosen by a majority vote of the allottees. Additionally, the regulation provides for the potential inclusion of representatives from the concerned and the designated competent authority, fostering a collaborative approach to resolution.
To ensure the technical feasibility of recovery plans, the —with the prior approval of the committee—is mandated to appoint independent professionals to conduct a comprehensive assessment of each project. This assessment, which must be completed before inviting expressions of interest, includes the current status of physical construction, regulatory approvals, inventory of sold and unsold units, and the estimated costs required for completion. This information is now a mandatory component of the , ensuring that prospective resolution applicants have full visibility of the risks and funding requirements before entering the fray.
The requirements for
have been significantly tightened. Every plan concerning a
with real estate interests must now delineate project-wise and phase-wise timelines for the completion and delivery of possession. The regulations explicitly require that these plans address the treatment of
, whether through the delivery of units, the execution of
, or the refund of amounts paid. As stated in the regulatory filing,
must provide for
"project-wise details including total number of units sanctioned, constructed and under construction, with segregation of sold and unsold units."
Furthermore, the has addressed procedural gaps regarding pending claims and litigation. The is tasked with maintaining detailed records of allottees whose claims may not have been submitted but are reflected in the books of the or the records of the . This ensures that no homebuyer is unfairly excluded from the process due to a lack of formal filing, provided their identity and interest are corroborated by available institutional records.
The regulations also clarify the continuity of the 's duties. It is now expressly established that the shall continue to discharge all responsibilities under the until the decides upon any application for withdrawal under . This provision eliminates ambiguity regarding the management of the during the pendency of withdrawal requests.
As the industry moves toward this new project-specific paradigm, the amendment places the burden of transparency squarely on the shoulders of the resolution professionals. The inclusion of "" as a mandatory disclosure signifies a shift from generalized corporate-level resolution to a project-centric model. By linking the insolvency process to the project status as recorded under the , the aims to align insolvency outcomes with the ground reality of construction and delivery.
These regulations now serve as the primary guide for stakeholders, and the is tasked with oversight of progress reports submitted on a periodic basis. This new mandate is expected to streamline the resolution of stalled real estate projects by ensuring that creditors and homebuyers are no longer navigating the process in the dark. The implementation of these changes marks a definitive step toward restoring confidence among homebuyers while providing a structured pathway for the revival of the real estate sector. The next phase will observe how the exercises its discretion in evaluating the committee-recommended exclusions of specific projects.
insolvency resolution - project-specific amendments