The regulatory framework governing building and other construction work in India has changed significantly following the implementation of the Labour Codes from 21 November 2025.

The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 has been subsumed into the Occupational Safety, Health and Working Conditions Code, 2020 (OSHWC Code), while the Building and Other Construction Workers’ Welfare Cess Act, 1996 has been subsumed into the Code on Social Security, 2020. The Central Rules under both Codes were subsequently notified in 2026.

For employers, developers, principal employers and contractors, this means that BOCW registration should now be understood within the broader establishment-registration and social-security framework created by the Labour Codes.

Importantly, establishment registration, registration of individual construction workers and payment of BOCW cess are separate compliance obligations and should not be treated interchangeably.

Applicability of BOCW Registration

Under the OSHWC Code, “building or other construction work” covers a broad range of activities, including construction, alteration, repairs, maintenance and demolition relating to buildings, roads, railways, irrigation works, power infrastructure, water works, pipelines, towers, bridges, tunnels and several other infrastructure activities.

The definition of an “establishment” under the Code includes building and other construction work in which 10 or more workers are employed. Accordingly, construction establishments meeting the prescribed threshold fall within the registration framework under the Code.

Certain activities are excluded from the definition, including construction connected with factories or mines where the relevant statutory framework applies, as well as specified construction undertaken by individuals or groups for their own residential purposes within the prescribed limits.

Organisations should assess applicability at the commencement of every construction project rather than relying solely on the nature or value of the contract.

BOCW Registration under the Labour Code Framework

What was traditionally referred to as BOCW registration of an establishment is now addressed through the common registration mechanism under the OSHWC Code.

Section 3 of the OSHWC Code requires an employer of an establishment coming into existence after commencement of the Code to apply electronically for registration within 60 days from the date on which the Code becomes applicable to the establishment.

For establishments falling under the Central Government’s jurisdiction, the Occupational Safety, Health and Working Conditions (Central) Rules, 2026 provide for an electronic application in Form-I through the Shram Suvidha Portal.

Where the application is complete, the electronic certificate of registration is required to be issued within seven days. If registration is not processed within the prescribed period, the establishment is deemed to have been registered and the registration certificate is to be auto-generated.

Where the State Government is the appropriate Government, employers should verify the registration procedure, portal, fees and additional requirements prescribed by the respective State.

Consequently, BOCW registration requirements may involve State-specific procedural variations, even though the overarching statutory framework is now governed by the Labour Codes.

Registration of Existing Establishments

The transition to the Labour Code framework does not mean that employers should disregard registrations obtained under the previous labour laws.

The OSHWC framework contains savings and transitional provisions, and the Central Rules require establishments already registered under applicable Central labour legislation to update their registration particulars on the prescribed portal.

Employers should therefore verify whether existing BOCW registration details, project particulars, employer information and workforce data require migration or updation under the applicable Central or State system.

Any change in ownership, management or prescribed registration particulars must also be notified to the registering authority within the applicable statutory timeline.

BOCW Registration and BOCW Cess Are Separate Obligations

One of the most common compliance errors is treating BOCW registration and payment of BOCW cess as the same requirement.

They serve different purposes.

Establishment registration is governed primarily by the OSHWC Code and relates to regulation of the construction establishment, occupational safety, health and working conditions.

BOCW cess, on the other hand, is governed under Chapter VIII of the Code on Social Security, 2020 and is collected for the social security and welfare of building workers.

The Central Government has notified the current BOCW cess rate at 1% of the cost of construction. The statutory cost of construction excludes the cost of land and specified employee compensation payments.

BOCW cess compliance must therefore be evaluated separately even where the establishment has already completed its registration requirements.

BOCW Cess Assessment and Payment

The Social Security (Central) Rules, 2026 have introduced a more structured framework for cess assessment and payment.

An employer is required to make an advance payment of cess based on self-assessment of the construction cost, duly certified by a Chartered Engineer, at the time of project approval or before commencement of construction, as applicable.

The cost may be determined using the applicable PWD, CPWD or other prescribed schedule of rates, or relevant RERA documentation in cases where RERA applies.

For projects extending beyond one year, cess payments may be linked to the construction cost expected to be incurred during the relevant period.

On completion of the construction work, the employer is also required to submit the prescribed project-completion return, with advance cess paid being adjusted against the final assessment.

This makes accurate project-cost documentation particularly important for construction compliance.

Registration of Construction Workers as BOCW Beneficiaries

Establishment registration should also be distinguished from registration of individual building workers with the State Building Workers’ Welfare Board.

Under the Code on Social Security, a building worker who:

• Has completed 18 years of age;
• Has not completed 60 years of age; and
• Has undertaken building or other construction work for at least 90 days during the preceding 12 months

is eligible for registration as a beneficiary.

The Social Security (Central) Rules, 2026 further place responsibility on employers and contractors to facilitate registration of eligible workers appearing on their muster rolls within the prescribed period.

Registration is linked to the relevant State Welfare Board or designated portal and may be seeded with Aadhaar and the prescribed universal or unique identification number.

For employers using multiple contractors, worker-registration controls should therefore form part of contractor compliance monitoring.

Responsibilities of Principal Employers and Contractors

Construction projects frequently involve principal employers, EPC contractors, civil contractors and multiple subcontractors. This structure can result in ambiguity regarding statutory responsibility if responsibilities are not defined and monitored appropriately.

Employers should maintain visibility over:

• Establishment registration status
• Contractor and subcontractor details
• Number of workers deployed at the project
• Muster rolls and worker records
• Registration of eligible construction workers
• BOCW cess payments and assessment records
• Safety and welfare requirements
• Inter-State migrant worker deployment
• Statutory notices and returns
• Project commencement and completion documentation

Contractual allocation of responsibility does not, by itself, eliminate statutory exposure. Principal employers should establish appropriate compliance controls and obtain documentary evidence from contractors at defined intervals.

Common BOCW Compliance Gaps

Construction establishments should particularly monitor situations where:

1. Work commences before completing the applicable registration process.
2. A project crosses the prescribed worker threshold but applicability is not reassessed.
3. BOCW cess is calculated on an incorrect construction value.
4. Cess payment records do not reconcile with project expenditure.
5. Eligible workers are not registered with the Welfare Board.
6. Contractor and subcontractor workforce records are incomplete.
7. Changes in project or establishment details are not updated with the authority.
8. Required commencement, cessation or completion filings are missed.
9. State-specific BOCW and construction labour requirements are not tracked.
10. Registration certificates, cess records and worker documentation are not readily available during inspection.

Establishing an Effective BOCW Compliance Framework

The implementation of the Labour Codes has changed the legal architecture surrounding BOCW registration, but the underlying compliance objective remains significant: ensuring appropriate regulation of construction establishments while providing safety, welfare and social-security protection to construction workers.

Employers should therefore approach BOCW compliance as a continuing project-level obligation rather than a one-time registration exercise.

A robust framework should combine establishment registration, cess management, worker registration, contractor monitoring, safety compliance, statutory documentation and State-specific regulatory tracking.

For organisations managing projects across multiple locations, a centralised compliance mechanism can help ensure that registration timelines, cess liabilities and construction labour obligations are consistently monitored throughout the lifecycle of each project.

Need Support with BOCW Registration and Construction Labour Compliance?

comply360° can support your organisation with BOCW registration, applicability assessments, BOCW cess compliance, construction worker registration, contractor compliance reviews, statutory documentation and inspection-readiness audits.

Email: business@comply360.in
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