My Thoughts On Lagos State Government Intent To Seal 105 Estates For Flouting Layout

The Lagos State Government has threatened to seal 105 estates across the state, the state government said owners of the affected estates and others without approval should submit necessary documents to the office of the Permanent Secretary, Ministry of Physical Planning and Urban Development within 21 days or their estates would be sealed.

The Lagos State Urban and Regional Planning and Development Law establishes three (3) agencies and puts them under the direct supervision of the Ministry of Physical Planning and Urban Development. The three (3) agencies are:

(a.) Lagos State Physical Planning Permit Authority;

(b.) Lagos State Building Control Agencies; and

(c.) Lagos State Urban Renewal Agency

These government agencies perform certain activities;

- [ ] Preparation and Review of various development plans

- [ ] Planning and Approval of Private Estate Developers Scheme

- [ ] Approval of Layouts

- [ ] Development Control and Removal of Illegal Developments

I have read the public notice from the Lagos State Ministry of Physical Planning and Urban Development, on the need to seal up estates that are without layout approvals or estates not in compliance to such approvals. The law regulating the Ministry of Physical Planning and Urban Development enables the ministry to make certain decisions and after evaluating the ministry’s action they have not acted Ultra Vires.

S 26 (1) of the Lagos State Urban and Regional Planning and Development Law, provides

 Any building construction carried out within the State without a Planning Permit from the       relevant Authority shall be deemed illegal and treated as such.

(2) Any development at variance with the planning permit granted and beyond the approvable limit granted for the area or zone shall be deemed

28. (1) Pursuant to the provisions of Section 47(c) of the Principal Law, the Agency shall have the power to issue and serve any of the following statutory notices as prescribed in Schedules14 – 20 of this Regulation:

 i)Contravention Notice;

 (ii)Stop Work Order,

 (iii)Quit Notice;

 (iv)Seal Off Order;

 (v)Demand Notice;

 (vi)Regularisation Notice and

 (vii) Demolition Notice. 

40. (1) The Agency shall have power to seal up any illegal or defective/distressed building after the service of all relevant Enforcement Notices.

The Interpretation Section of the Law defines the term “Planning Permit” as an approval or assent given for the time being to a development and includes, layout or subdivision plan, Building Control Authorisations given at construction stage by the LASPPPA; therefore, it’s safe to conclude that the ministry has the power to declare any development without requisite layout approvals illegal, it has the power to give such Seal Off Order and it has the power to seal up such developments.

It is not shocking that about 70% of those affected estates are in the Ibeju Lekki, Elarangbe, Free Trade Zone areas (described as New Lagos, or Mega City). Firstly, I have always advised that owning a land in those axis is a lot of risk due to the silence of government on many things.

Let me address a few:

One of the many problems in purchasing land in Ibeju lekki is the fact that buyers don’t know what they are buying. Many purchasers are buying trust, ‘Incase the land is excised then I own it’. In simpler terms there is no certainty that the ‘Excission in process’ will be granted. Do you get?

Consequently, members of the public are enjoined to always request for all documentation approvals granted by the Lagos State Government and appropriate ministries before entering into any transaction with developers, as developments within Estates without evidence of Title, layout plan approval e.t.c would be deemed illegal and necessary sanctions would be applied in accordance with the law

An Advise to Developers

The need to engage the relevant government agency at the inception of the project cannot be overemphasized, keep revisiting the appropriate office throughout the project and even when the staffs you meet suggest that there are more quicker ways to get what you want, choose to follow the procedures stipulated by law and not shortcuts. Have a copy of every document exchanged

Advise to Realtors

Your first duty is not to start selling or marketing rather you are expected to be certain that what you are selling is sellable. The law places the duty to care on you as a realtor marketing a property and assumes that you would take all precautionary steps in making sure the client has a genuine deal. How do you do this?

1. Understand the industry you are and what constitutes a good deal

2. Understand the different kind of titles so the client can know what he is getting into

3. Know basic land valuation techniques

Advise to Clients

It’s your money, the risk is on you- be extra careful. I would say you cannot over do in conducting due diligence. Check for everything.

- [ ] Get in touch with regulators to be sure the location was mapped out for the purpose you are buying it for

- [ ] Visit Surveyor Generals office to be sure your plot is where you were shown

- [ ] Be reasonable, some offers come too attractive

- [ ] Engage a reliable broker 

What are your thoughts?

Article By Gbenga Awujoola