REALWorld Law

For how long is a permission for development or the carrying on of a designated use valid?

In Nigeria, land use, planning and zoning matters are residual matters in the Constitution of the Federal Republic of Nigeria 1999 (as amended) and regulated under specific legislations promulgated by the respective States Houses of Assembly of the 36 states and the National Assembly for the planning and zoning matters in the Federal Capital Territory, Abuja.

The various states in Nigeria have enacted their own Physical Planning Laws which were adapted from the Federal Act (the Nigerian Urban and Regional Planning Act No. 88 of 1992 (as amended by the Urban and Regional Planning Act No. 18 of 1999) with necessary amendments to suit the peculiar circumstances and realities. The present Physical Planning law in Lagos is the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019.

The Land Use Act also plays a significant role in physical planning and zoning within the country as certain specific provisions of the Land Use Act must be complied with for successful formulation and implementation of land use and zoning policies. Section 28 (5) of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019 makes it imperative that any Planning Permit granted shall satisfy the provisions of State Land Policy and the Land Use Act.

Generally, the conditions for the grant of development permit by the Control Department must conform to the conditions of use stated in the title document or grant of right of Occupancy for the land in question.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

Under Section 34 of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, approval is required from the relevant planning permit authority for all building developments regardless that it is the construction of a new building or refurbishment of an existing building. The law provides that the Planning Permit Authority may grant a permit with or without conditions to an applicant in respect of the following:

• use and development of land;
• change in the use of land, seabed or structure or part of structure;
• alteration of an approved development plan;
• renovation of existing approved building structures; and
• demolition of the existing structure by the owner/developer.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

By law, every applicant for Planning Permit must submit the detailed architectural drawings (building development plan) of the proposed development for vetting and approval by the Planning Permit Authority. There are regulations with respect to the design and appearance of the building development and such matters as setbacks, plot coverage, permissible height and number of floors, easements of access and rights of way etc.

Aside from the respective States Urban and Physical planning regulations, there is the National Building Code 2006, which regulates the design, construction, and maintenance of buildings in Nigeria. The Building Code lays down minimum standards for the quality and durability of construction materials and the building systems covering all aspects of building construction ranging from fire and safety issues, structural designs, security, mechanical, electrical, and plumbing systems, minimum air quality standards, energy conservation and accessibility.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

Yes, there are restrictions on the use to which a new building may be put and particularly, the change in use of an existing building is prohibited except approval for the change in use is obtained.

Every building development and use thereof, must comply with the permissible use in accordance with development plan in force and other regulations made pursuant to the applicable laws. Section 28 (2) of the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019 mandates that all applications for building permit shall comply with all requirements and standards of an operative development plan (master/local plan).

State grant of rights of occupancy prescribes the purpose of use which are usually for residential, commercial, recreational, tourism, industrial or mixed use (residential and commercial) purposes.

In this regard, the conditions attached to the grant of a development permit should not conflict with the conditions of the grant of the right of occupancy.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

The States and the Federal Capital Territory, Abuja, all have their respective Urban and Regional Planning laws specifying the authorities duly established and empowered to implement the provisions of the respective physical planning and development control laws and regulations. The respective Authorities are charged with responsibility for matters relating to development control, implementation of physical development plans and enforcement of building control regulations.

In the Federal Capital Territory, the Development Control Department is the Authority responsible for development control matters (Section 27(1) of the Nigerian Urban and Regional Planning Act 1992). In Lagos State, the Building Control Agency collaborates with the Physical Planning Permit Authority to regulate all matters of building control and development matters and they derive their powers from, the Lagos State Urban and Regional Planning and Development (Amendment) Law 2019, Lagos State Building Control Agency Regulations, 2019 and Lagos State Physical Planning Permit Regulations, 2019.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

The permissible use of the land, location and nature of the proposed building development will determine the necessary permits to be obtained. There is also environmental considerations, health and safety concerns, compliance with fire service regulations, rights of way (highways and waterways) regulations, which all play a part in planning and zoning development.

The respective Urban and Regional Planning laws of the respective States and the Federal Capital Territory, Abuja all have provisions requiring for certain developments and locations, the submission of environmental impact statement along with the application for development permit in the following instances:

• Development of a residential land in excess of 2 hectares
• Building or expanding a factory, and
• Construction of an office building in excess of four floors or 5,000 square meters of lettable space and major recreational development.

Section 4 of the Environmental Impact Assessment Act No. 86 of 1992 prescribes the minimum content of the Environmental Impact Assessment Report which should be met for acceptance.

Last modified 13 Mar 2025

For how long is a permission for development or the carrying on of a designated use valid?

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

For how long is a permission for development or the carrying on of a designated use valid?

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

For how long is a permission for development or the carrying on of a designated use valid?

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

For how long is a permission for development or the carrying on of a designated use valid?

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

For how long is a permission for development or the carrying on of a designated use valid?

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

For how long is a permission for development or the carrying on of a designated use valid?

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