How to start a construction contracting business in India: registrations and licences
Construction contractor setup in India: GST on works contracts, contractor enlistment for government tenders, OSH Code contract labour rules and TDS.
Short answer
A construction contractor in India needs a business entity, GST registration, labour registrations under the OSH Code and Code on Social Security, and, for government work, enlistment with bodies such as CPWD or the state PWD. Most works contracts attract 18% GST after the 2025 changes, while housing projects have special rates for developers. Contractor licensing varies by state.
- GST on most works contracts
- 18%
- Residential housing (developers)
- 5% without ITC; 1% for affordable housing
- Government tenders
- Contractor enlistment with CPWD, PWD or other departments
- Contract labour licensing
- From 50 contract workers under OSH Code
- Labour codes
- In force from 21 November 2025
Choosing a structure
Small civil contractors often start as proprietors or partnerships. For larger contracts, a private limited company or LLP helps with bank guarantees, working capital limits and tender eligibility, which often depend on audited turnover and net worth over several years.
Because contractor enlistment classes depend on past work and financial strength, keep accounts clean from the start. Changing structure later can mean rebuilding your track record in the new entity's name.
Registrations for a contractor
There is no single national contractor licence. Requirements depend on whether you bid for government work, build for private clients or sub-contract for developers. Enlistment classes usually depend on past completed work, financial capacity and technical staff.
| Registration | Issuing authority | When required | Typical validity |
|---|---|---|---|
| GST registration | GST department | Above threshold, or as a works contractor working across states | Until cancelled |
| Contractor enlistment | CPWD, state PWD, MES or other departments | Bidding for government works | As per enlistment rules |
| State contractor licence | State departments, where required | Some states license electrical or civil contractors | Varies by state |
| Establishment registration | State authority under OSH Code | Workplaces with 10 or more workers | As per state rules |
| Contract labour licence | State authority under OSH Code | 50 or more contract workers | As per licence |
| EPF and ESIC registration | EPFO and ESIC | At employee thresholds | Ongoing |
| Udyam registration | Ministry of MSME | Optional; useful for tenders and finance | Permanent |
GST on construction contracts
The September 2025 rationalisation removed the 12% slab, and most works contracts, including commercial construction, are now taxed at 18% with input tax credit. Residential construction by developers carries 5% without credit, or 1% for affordable housing, but these rates apply to developers selling units, not to every contractor.
Some government and specified works enjoyed concessional rates in the past. Check the current notification for your contract type before quoting, and include a GST change clause in contracts, since rates have moved.
Labour law for construction sites
Construction relies on contract and migrant labour, which the labour codes regulate closely. Under the OSH Code, establishments with 10 or more workers must register, and contract labour licensing applies at 50 or more contract workers. Site safety, welfare facilities and working hours are regulated, with central rules notified in May 2026 and state rules following.
Building and construction welfare cess, earlier levied under separate construction workers laws, is now dealt with under the Code on Social Security; budget for it on project cost. Register workers with the state construction welfare board where required.
Ongoing compliance
Clients deduct TDS on contract payments, so reconcile Form 26AS regularly. Deduct TDS on payments to sub-contractors yourself and file quarterly returns. Generate e-way bills when moving materials above ₹50,000 in value.
Small proprietors and firms with turnover up to ₹2 crore can use presumptive taxation under section 58, subject to eligibility. Others need books and, above the section 63 limits, a tax audit. Keep measurement books and running bills well documented for GST and income tax.
Working as a sub-contractor
Sub-contractors supply works contract services to the main contractor and charge GST, which the main contractor usually claims as credit. Make sure your invoices match the main contract's GST treatment, especially on housing projects where the developer's 5% or 1% rate does not allow credit.
Main contractors increasingly require sub-contractors to show labour code compliance, EPF and ESIC payments and insurance for workers. Keeping these records ready helps you win work and protects you if the main contractor withholds payment over compliance concerns.
Pitfalls for contractors
Disputes over GST changes and labour compliance often surface at final bill stage, so document assumptions in the contract and keep site records current. Insist on written variation orders for every scope change.
- Quoting old GST rates after the 2025 changes.
- Using more than 50 contract workers without a contract labour licence.
- Ignoring construction welfare cess in project costing.
- Not deducting TDS on sub-contractor payments.
Step by step
- 1Set up the entity
Proprietorship, partnership, LLP or company based on contract size.
- 2Register for GST and TAN
Needed for invoicing and TDS on sub-contractors.
- 3Register on Udyam
Useful for tenders, finance and payment protection.
- 4Enlist for government work
Apply to CPWD, PWD or other departments in the right class.
- 5Labour registrations
Establishment registration, contract labour licence, EPF and ESIC.
- 6Draft contracts
Include scope, measurement, payment terms and GST change clauses.
- 7Set up site compliance
Safety, welfare facilities and worker records.
Related services
Sources
- Disytax: GST for builders and contractors after GST 2.0
- Taxmann: OSH Code applicability and factory thresholds
- Income Tax Department: Section 58, Income-tax Act 2025 (presumptive taxation)
- EY Tax Alert: GST Council rate rationalisation effective 22 September 2025
Written by the Refogo Editorial Team from the official sources above and checked on 2026-10-31. Laws, rates and due dates change, and authorities often extend deadlines, so confirm your own case with a qualified professional. This is general information, not legal or tax advice. Read our editorial policy or report an error to support@refogo.com.
Common questions
What is the GST rate on works contracts now?
Most works contracts attract 18% GST after the September 2025 rationalisation. Residential developers pay 5% without credit, or 1% for affordable housing.
Do contractors need a licence?
There is no single national licence. Government tenders require enlistment, some states license certain contractors, and labour codes require registrations and licences based on worker numbers.
When is a contract labour licence needed?
Under the OSH Code, contract labour provisions apply where 50 or more contract workers are employed.