The formula
Cess = rate × cost of construction, where cost of construction = total cost of the building or other construction work − cost of land − compensation paid or payable to workers under Chapter VII of the Code. Balance payable = cess − advance cess paid − cess deducted from bills. At the notified 1%, every ₹1 crore of construction cost carries ₹1,00,000 of cess.
Which law applies now
The Building and Other Construction Workers' Welfare Cess Act, 1996 levied the cess under s.3 at a rate between 1% and 2%, and S.O. 2899 of 26 September 1996 fixed it at 1%. The Code on Social Security, 2020, which came into force on 21 November 2025, repeals the Cess Act (s.164) and carries the levy into s.100. The rate under the Code was notified at 1% by S.O. 2322(E) dated 8 May 2026, in supersession of S.O. 2899. The Social Security (Central) Rules, 2026 (G.S.R. 344(E), 8 May 2026) replace the Cess Rules, 1998.
How it is collected
- Government and public sector works: the department or undertaking deducts cess at the notified rate from each bill paid to the contractor (s.100(2)) and deposits it with the State Building Workers' Welfare Board, reported as within 30 days of deduction (check).
- Works needing approval from a local authority: cess can be collected in advance with the building plan approval, on the estimated cost, subject to final assessment (s.100(2) and (4)).
- Other works: the employer pays in advance on a self-assessment and files a final self-assessment after the work is completed; s.103 lets the assessing officer assess if the self-assessment is wrong. Time limits in the 2026 Rules (check).
Worked example
A sports complex costs ₹12 crore including ₹2 crore of land. Cost of construction is ₹10 crore and cess at 1% is ₹10,00,000. ₹5,00,000 has already been deducted from RA bills, so the balance is ₹5,00,000. If that balance were paid two months late at 1% a month (check), interest would be about ₹10,000.
Sources: Code on Social Security 2020 ss.100, 103 and 164 (labour.gov.in); S.O. 2322(E) dated 8 May 2026 (egazette.gov.in); Social Security (Central) Rules 2026, G.S.R. 344(E) dated 8 May 2026; Building and Other Construction Workers' Welfare Cess Act 1996 s.3 and S.O. 2899 dated 26 September 1996, for works assessed under the old law. Checked 22 October 2026.
Common questions
Does the 1996 Cess Act still apply?
It is repealed by s.164 of the Code on Social Security 2020, and the cess is now levied under s.100 of the Code at the same 1%. Assessments and dues of earlier periods are dealt with under the Code's repeal and savings provision; check with your Board for a work that straddles the change.
Is cess charged on the cost of land?
No. The Explanation to s.100(1) leaves out the cost of land and compensation paid or payable to workers under Chapter VII of the Code. Everything else the employer spends on the construction work is in.
Who bears the cess on a contract, the owner or the contractor?
The Code puts the liability on the employer carrying out the work. On government and public sector works it is deducted from the contractor's bills, so contractors price it into the bid. On private works the contract decides who bears it.
Is there a minimum project size?
The Code and the 1996 Act both keep certain small residential works for one's own use out of the definition of building or other construction work. Check the current threshold in the Code and your State's rules before relying on it (check).