What is the process for obtaining permission for development or carrying on a new designated use?
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.