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ARTICLE · 21 SEPTEMBER 2026

The IBC Amendment Act, 2026: Reshaping Real Estate Insolvency

Shardul Amarchand Mangaldas & Co
Shardul Amarchand Mangaldas & Co
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Shardul Amarchand Mangaldas & Co

Shardul Amarchand Mangaldas & Co

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The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.

IndiaInsolvency/Bankruptcy/Re-Structuring
Ashoo Gupta
Ashoo Gupta
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A New Framework for Real Estate Resolution

The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (‘Amendment Act’), which amends the Insolvency and Bankruptcy Code, 2016 (‘Code’), received Presidential assent on April 6, 2026. Most amendments took effect on May 26, 2026. However, three significant mechanisms the accelerated admission deadline, creditor-initiated resolution, and group insolvency have been enacted but have not yet come into force and will take effect only upon the issuance of a commencement notification by the Central Government under the applicable provisions of the Code.

The Amendment Act codifies practices that real estate insolvency developed over the past decade homebuyer participation as financial creditors, project-wise resolution, and promoter-led restructuring while enacting new procedural and substantive mechanisms to accelerate project completion. This article assesses whether these reforms make distressed-project resolution faster, more predictable, and

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