Legal Informer
Recently, a public notice was released by the Permanent Secretary of the Office of Physical Planning, Engr. Oluwole Sotire, allowing property owners and developers of completed developments without approvals to apply for planning permits, also called building plan approvals, during a ninety-day amnesty period from May 2, 2024 to July 30, 2024. This allows builders and property owners in Lagos State who have completed their construction but have not yet obtained planning authorization for their projects to do so within this time limit. During this period, concerned parties can get in touch with the authority to get a planning approval without incurring the applicable legal fines.
The Lagos State Urban and Regional Planning and Development Law, 2019 (the “Law”) and its implementing regulations generally forbid starting construction projects within the State without first obtaining a planning permit from the Lagos State Physical Planning Permit Authority (the “Authority”). Any building built without a planning permit will be considered an illegal structure and may be demolished, unless the developer agrees to regularize the building by obtaining the necessary planning permit, paying the required fees, and paying the appropriate penalty, provided the building is structurally sound and not damaged or distressed.
A candidate seeking to take advantage of the amnesty program must submit for evaluation, via the Lagos State Physical Planning Permit Authority (LASPPPA) District Offices in the 57 Local Government Areas and Local Council Development Areas of Lagos State, and the Electronic Planning Permit (EPP) office at the LASPPPA Headquarters, Oba Akinjobi Way, G.R.A. Ikeja, his or her survey plan, as-built architectural drawings, structural, electrical, and mechanical drawings (if applicable), and a title document or other proof of ownership.
The Land Use Planning Analysis Report, the Non-Destructive Integrity Test Report (where applicable), the Letter of Structural Stability and Indemnity (where applicable), the Proof of Tax Compliance, and other supporting documents, as appropriate, are additional documents that must be presented for evaluation.
The effect of the failure to obtain the requisite planning permit under the Lagos State Physical Planning Permit Regulations, 2019; 27. (1) Any person who carries out any development within the State without obtaining a Planning Permit in accordance with the provisions of this Regulation, commits an offence of unauthorized construction. If such development meets minimum required standard, he shall within seven days submit his proposal for consideration for permit and pay a penal fee equal to four (4) times the Assessment Fee payable for such development or have the structure removed within twenty-one (21) days of notice if the development does not meet the minimum standard[1]
In summary, the government’s intervention to mitigate the impact of the current economic hardships facing the nation is both welcome and opportune. Primarily, it is anticipated that the program would help locate and address some of the State’s structurally flawed or distressed structures at a time when the State is seeing a rise in the incidence of building collapses.
[1] Rule 27(1) of the Lagos State Physical Planning Permit Regulations, 2019
For further guidance on planning permits and property compliance in Lagos State, contact us at lawyers@nijioni.com for further guidance.
