DEMOLITION/ BUILDING APPROVAL
The issue of building demolitions in Nigeria, particularly in Lagos State, has become a concerning trend.
To the residents, it has amusingly become both acceptable and a norm
However, we must provide education to the people regarding the reasons behind these demolitions or the necessity for carrying them out.
For the best part of it, most of these houses, despite their seemingly expensive appearance, many of the houses fail to meet building standards and are therefore unsafe for habitation.
Let’s start with explaining that the body responsible for demolition in Lagos State is LASBCA (Lagos State Building, Control, Agency). This body is solely responsible for both demolition by the government and demolition by individual (e.g demolition by owners to reconstruct another building).
It is essential to recognize that regardless of ownership, no one should undertake the demolition of any structure independently. The process of bringing down a building as a whole or any part therein must be duly adhered to and must be done through LASBCA. Failure to comply with these guidelines may result in prosecution if the individual is found guilty.
Now, the procedure for demolition by the government arises in often times after that the agency has found out that a particular house or houses do not possess a “Building Approval/Planning Permit” A building approval or planning permit, is a permit usually granted by the Lagos State Physical Planning Permit Authority. The permit is granted to ensure that a particular building meets up with the laid down standard of building for a particular location. It is also to ensure that the building is standard and safe for habitation.
When it is discovered that a building does not have a building approval the agency will serve necessary statutory enforcement notices to the respective house owners in line with Lagos State Urban and Regional Planning and Development Law. These notices are served with an ultimatum for the respective house owners to meet up with required expectations. If by the end of the ultimatum the documents are not perfected, the building(s) will be brought down.
Needless to say more, a building approval/Planning Permit is a vital requirement for houses in Lagos State.
Please be aware that in cases where a building is demolished by the government, the property owner will bear the cost of the demolition fees. This is also regardless of whether the demolition is against the house owner’s wish.
The Lagos State government recently announced a 90-day amnesty window for house owners or developers of completed structures to come forward to the Lagos State Physical Planning Permit Authority and regularize their building permits otherwise their houses will be demolished. The window grace is between May 2nd, 2024 to July 30th, 2024, and the end of the amnesty is fast approaching.
Should you need a building permit, we are a team of professionals who can help you get approved.
OLAITAN FEYISETAN
LEAD PARTNER
MORNAIQ O&A SOLICITORS
08057497116
mornaiq@gmail.com
