REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The process for obtaining permission for development commences by an application for planning information to confirm the land use/zoning, building development control and land status. The application for Planning Permit to the relevant authority is usually accompanied by copies of the land survey plan and relevant title documents.

In Lagos State, the application for building development is made to the Physical Planning Permit Authority in the local area district, where the land is located. Soft and hard copies of the documents to be submitted with the application letter are sets each of screened Architectural, Structural, Mechanical and Electrical Drawings, one duly signed Survey Plan, copy of title documents of the property and two copies of Physical Planning Technical Report (P P T R). The P.P.T.R is applicable in respect of applications for (a) a residential land from one hectare and above (b) a residential development in excess of eight family units (c) a factory or warehouse building or its expansion (d) places of worship and (e) petrol or gas filing station. All applications must follow the Operative Development Plans and Planning Standards in Lagos State as well as the National Building Code.

The documents to be submitted with the application letter are five copies each of Architectural and Structural Drawings, Survey Plan and Title documents. All applications must follow the Operative Development Plans and Planning Standards in Lagos State as well as the National Building Code.

The application will be processed and approved after final screening and payment of permit processing fees assessment that is required for the grant of a planning permit. The processing fees payable includes Registration/Application Form Fee, Layout Fee, Fencing Fee, Local Planning Office Fee, Lagos State Emergency Management Agency (LASEMA) Levy, Spatial Enhancement Fee, and Infrastructural Development Charge.

The process for a change of designated use is by formal application by the owner of property to the Physical Planning Department of the Ministry of Physical Planning and Urban Development of the respective state where the land is located. The decision to grant the application is at the discretion of the state government and cannot be challenged as of right.

The grant or approval is subject to payment of the assessed official fees and compliance with the procedure as may be determined by the location and valuation of the property. The process involves submission of an application letter with copies of title documents (evidence of ownership), perimeter survey of site, set of approved building plan, technical report to be prepared by a registered Town Planner, photographs of land, location sketch showing land in relation to surrounding development, tax clearance certificate, development levy receipt, evidence of payment of processing fee for change of use.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Third parties whose civil and property rights are adversely affected by a building development may object or appeal to the relevant state authority. By Section 15 of the Nigerian Urban and Regional Planning Act, 1992 and Sections 8 and 16 of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, any member of the public, any tier of government, non-governmental organizations and professional bodies can submit written objections against a development plan. Section 33 of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019 provides that the Planning Permit Authority may consider representation made to it by a person, body, or organization to be affected by an intended development.

There is the Physical Planning and Building Control Agency Appeals Committee (Lagos State) and an Urban and Regional Planning Tribunal (Federal) which functions includes consideration of appeals from members of the public, investigation of complaints on matters relating to grant of planning permit and hearing of appeals from decisions made by the Control Department.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Third parties and other persons who are aggrieved by an approved proposed development may institute civil proceedings in the High Court against the property owner and the state government/relevant authority.

Generally, an aggrieved party may seek appropriate reliefs from the High Court against a decision of the Planning Permit Authority granting license for a development or for change from designated use or zoning for an area. The law, under Section 89 (1) and (2) of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, grants to an aggrieved person or an interested party the right to appeal against the decision of the Appeals Committee to the High Court of the State.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The prescribed period under the relevant statutes/laws for the Control Department/Planning Permit Authority to communicate its decision to the applicant is a maximum timeline of three months from the date of submission of the application. The timelines are uncertain and may not apply depending on a variety of factors such as compliance with requirements and regulations by the applicant. In reality, the process may exceed the three months deadline.

There is no prescribed period for applications for change of designated use for property. This is dependent on the efficiency and expertise of the person processing the change of use.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

In Nigeria, the regimes regulating matters of physical planning provides for the establishment of Appeals Tribunal in the case of the Federal Act and an Appeals Committee under the Lagos State Physical Planning Law. The laws allow an aggrieved person the right of review of the decision of the relevant Control Department or Planning Permit Authority.

An aggrieved person also has a right to approach the high court of the relevant state or the Federal Capital Territory to seek redress against the decision of the Planning permit Authority or the Appeals Tribunal/Committee.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The property owner has the discretion to engage with the local or governmental authorities or agencies or with utility suppliers to facilitate the carrying out of the development. There are, however, no regulations that impose obligations on the owner of property to enter into agreements to facilitate the carrying out of developments.

In cases where the development or provision of utilities ancillary to the development may significantly impact the general public or adjoining land owners, the local or governmental authorities or agencies will encourage any agreement that will facilitate the enterprise. It may be necessary for the developer to undertake the provision of ancillary amenities to mitigate or serve as a palliative to any adverse effect on the development. Agreements with utility services providers may also be necessary for the actualization of the development.

The Nigerian authorities at all levels are exploring developments through public-private partnership collaborations and are encouraging discussions and agreements of mutual benefit to the developer, the general public and government. The government will grant concessions for any morally beneficial agreements.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

A Planning or development permit will become invalid where development has not been commenced within two years of the grant of such permit. Where the development with planning permit is not commenced within the two-year period, the permit will be subject to revalidation by the Planning Permit Authority on the payment of prescribed fees (Section 35 (2) of the Nigerian Urban and Regional Planning Act 1992 and Section 37 of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019.

Generally, development permits have no deadline for execution of the development it relates to once construction has commenced. We however note that building construction that has been abandoned for a long time may require that the permits for its development be recertified by the appropriate government agency such as is the case in Lagos State.

Last modified 13 Mar 2025

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The appropriate Building Control Department or Authority in the Federal Capital Territory and the respective States are responsible for enforcing restrictions on development and designated use. The relevant Authority will issue enforcement notices and serve on the owner of the property for a development that is commenced without planning and building control authorization or where the building constitutes danger to occupiers or the public.

An enforcement notice will contain the restrictions breached and stipulate a deadline for compliance with the regulations or remedial measures to be carried out. A ‘stop work order’ may be issued if the development does not comply with the planning permit issued for the purpose. The contravention of Physical Planning Regulations may cause the demolition of the building at costs to be paid by the owner or forfeiture to the property.

In Lagos state, criminal prosecution is prescribed for a contravention of the provisions of the Physical Planning laws and regulations.

Last modified 13 Mar 2025