For prospective investors and homeowners, it is imperative to understand the terms that govern real estate transactions, especially in a country like Nigeria where many would-be investors have been burnt in times past. The true value of a REAL ESTATE ASSET is tied to the asset’s full documentation and its ability to serve as secure collateral. We hope you have been able to learn some key points from the edition last week.
This time around, we shall be exploring the steps and guidelines for obtaining planning approvals that precede any form of property development in Lagos.
The Lagos State Physical Planning, Urban Development, Urban regeneration and Building Control Law 2010 section 28 (1-6) states that a Planning permit must be obtained to carry out any form of development in Lagos State.
As a developer – be it a private developer, individual or government, you are required to apply for a planning permit and provide ALL information and documentation prescribed by the governing law. All Applications made under this law must comply with all laid down requirements and standards of an operative development plan and such plan must be prepared by appropriate registered professionals and per the provisions of the regulations made according to the law. Furthermore, any application made to develop or partition a structure must conform with the planning regulation, and thus planning permit MUST satisfy the provisions of the State Land Policy and the Land Use Act. No development can commence without obtaining a permit from the Lagos State Physical Planning Permit Authority (LASPPPA).
Procedure for granting Planning Permit
Below are the steps in securing planning approval from Lagos state:
- Submission of application – Architectural, Structural, Mechanical and Electrical drawings, Survey Plan & Title documents, and payment of Assessment fee.
- Submit all documentation to the district Officer for assessment upon which screening of all documents submitted would be vetted by the governing body.
- Confirmation of Planning Permit Processing Fee after being paid, the application is forwarded to Lagos State Internal Revenue Services (LIRS) for tax clearance. Thereafter, a file would be opened for the application with a number for its tracking and then forwarded for consideration of the grant of a Planning permit.
- Upon meeting all criteria, the district officer endorses and issues a planning permit with a planning permit/approval number
- Upon receiving the permit, any developer intending to commence construction works shall give seven (7) days’ notice in writing to the Lagos State Building Control Agency of such intention. Every Developer engaged in construction work(s) in the State shall pay to the Building Control Agency for inspection and stage certification, a sum equal to twenty percent (20%) of the Building Plan Assessment fee paid to the Lagos State Physical Planning Permit Authority (LASPPPA) for grant of the Planning Permit.
- For any individual or developer looking to commence building construction, the following documents must be submitted together:
- Planning permit
- Sub-soil investigation report
- Sanitary inspection and Disinfestation
- A copy of detailed architectural, mechanical, electrical, and structural design as approved.
- General’s contractor All Risk insurance
- Letter of an undertaking of supervision of project by professionals
- Program of works
- Health, Safety, and Environment (HSE) and any other reports required.
- Upon receipt of the notice of intention to commence construction, an inspector of the agency shall inspect the construction site following its laid-out regulations
- After the completion of the site inspection, the agency may grant authorization to commence construction to the developer in compliance with the regulation, while the developer MUST keep a copy of the Planning Permit granted by LASSPPPA on the site and produce on-demand when requested.
- Finally, the developer must at all-time ensure that the project site board is erected at the construction site showing the planning permit number, Title of project, Name, and addresses of consultants and contractors.
Next week, we shall look into the building approval process in securing land in the Federal Capital Territory (FCT).
The OCTO5 RESEARCH TEAM