Does Interior Work In A Commercial Building Attract BOCW? - CiteHR
Umakanthan53
Labour Law & Hr Consultant

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We are taking lease of some floors in a commercial building. Post that, we will have to carryout interior work. Does this interior work attract BOCW.
The building comes under shop and establishment.
In another case, in our own building we want to renovate interior, does BOCW applicable in this case.
Seek your advise.
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The interior work carried out to the leased floors of the commercial building falls within the activity of "alteration" mentioned in the definition of " building or other construction work " u/s 2(1)(d) of the BOCW Act,1996. Therefore, the Act applies to this work.
Regarding the second case it is not clear whether it is a residence for own purpose and whether the renovation cost exceeds Rs.10 lakh as defined u/s 2(1)(j); if both the answers are 'yes', then the Act applies.
Sir, we are in business of Interior Fit-out of Corporate Offices. We design ourselves but outsource the actual execution to third party contractors. These offices/bare shell spaces are in buildings which are already completed and for which Completion Certificate/Occupancy Certificate has already been obtained by the Builder years ago.
Our Corporate Clients take space in the already constructed building and they engage us for doing interiors. We are not doing any construction work on the building. We are just doing the interiors of one of the offices in an already constructed building.
Would BOCW Act be applicable on our work.
One of the labour law consultant to whom we approached got a clarification from the labour department itself that BOCW is not applicable if the building has already been completed and Completion/Occupancy certificate has been obtained.
Please guide.
Thanks
Dear friend,
My reply was based on the eventual "alteration" to the interior usable space of the building as a result of interior designing and not interior decoration. Admittedly you are in the business of interior fit-out of corporate offices and executing the same through third-party contractors. The completion/occupancy certificate would have been issued based on the compliance with initially approved building plan submitted by the landlord. Interior outfit, basically being for the adaptive reuse of the space by the tenant particularly a corporate office, may require partitioning, false ceiling etc. depending on the number of people including visitors. Therefore, such alterations may require certain norms of safety, space per person etc. I have no idea whether there are any guidelines/restrictions issued by the Government in this regard. Better check with Municipal Engineers.
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