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15 Key Steps Developers Must Take Before Building In LAGOS



There are do’s and don’ts in the real estate sector, especially in Lagos, the hub of real estate activity. There are certain steps you must take as a developer before any project can be erected. In other words, there are steps you must take before you start any housing project in Lagos.

These steps are important because if followed, they will prevent the collapse of buildings and also enable the government to know how up-to-standard they are.

These steps are taken during the pre-construction period and they are usually the most important period of a building project.

Before we take you far, let's tell you that there are three agencies in Lagos that the government approved to give approval and also monitor your building project.

Due to the high number of cases of building collapse in Lagos State, the Lagos State Government passed into law, the Lagos State Urban and Regional Planning and Development Law 2010 (“Planning Law”).  The law established 3 (three) physical planning and development agencies under the Ministry of Physical Planning and Urban Development (the “Ministry”) namely:

The Lagos State Physical Planning Permit Authority (LASPPPA) which is saddled with the task of processing and issuing planning permits in the state;

The Lagos Building Control Agency (LASBCA) is vested with the responsibility of monitoring and enforcing building control regulations; and

The Lagos State Urban Renewal Agency (LASURA) bears the responsibility of implementing the state policy on urban renewal and the upgrade of slums in Lagos.

This week, we shall be spotlighting steps to take before you can start your housing project in Lagos. This is a must for every developer. These steps will guarantee a quick approval of that project. The following are documents and other steps required to take before you can start building a housing estate in Lagos.

First, you must provide original copies of the architectural drawing, duly stamped and sealed with a stamp endorsed by the Architects Registration Council of Nigeria (ARCON)

5 original copies of structural drawings, duly signed, sealed and dated together with a letter of supervision from an engineer registered with the Council for the Regulation of Engineering in Nigeria (COREN), confirming that the building is constructed according to good standards and under the supervision of the engineer who will be responsible for any failures or defects on the project.

Calculation sheet for the materials to be used for the project, duly signed by the COREN registered engineer

Evidence of payment of assessment fees due on the application.

A certified true copy of title documents or confirmation letter from Lands Bureau in case the title document process is ongoing (i.e. certificate of occupancy, registered conveyance, governor’s consent or letter of allocation)

Letter of structural stability/integrity report duly signed by a COREN registered engineer (in case of a construction/renovation of an existing building)

An original sun-print survey plan

Tenement rate or land use charge receipt, or sworn affidavit as to payment in lieu of receipts

2 passport photographs of the applicant(s)

Copy of current tax clearance certificate or evidence of updated personal income tax payment of the applicant(s) or tax clearance certificate of 2 directors if the applicant is a company

Evidence of Pay As You Earn (P.A.Y.E) returns (where an applicant is a company)

Copy of certificate of incorporation (where the applicant is a company)

Development levy receipt

Site photograph.

There are various outcomes for failure to obtain the necessary pre-construction permit/approvals, penalties include sealing of the property with a stop-work notice, sealing of the property, demolition of the property and imposition of a fine on the property owner for failure to obtain the permit/approvals.

The initial grant of the approvals for construction activity does not conclude the regulation of the applicant, the building project would remain under the surveillance and supervision of LASBCA who would ensure that at every stage of construction, there is maximum compliance with the approved plan and building standards and would issue the relevant notices or fine to the applicant in the event of any default prior to completion of the building project. It is therefore always important to first obtain a building plan approval/permit before erecting a building on land and comply with the building regulations until the project is completed to avoid paying heavy fines for a breach of the regulations.

Obtaining building approval from LASPPPA increases the value of the property and fortifies the title document of the property. With the recent launching of E-planning permits, it is expected that the hurdles with the processing of the building permits/approvals will be resolved.

 

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