Lagos State – 9japroperty

How to Process Layout Approval in Lagos state

9japroperty — Tue, 01 Nov 2016 06:28:25 +0000

A layout approval is consequential to every public or private building projects in Lagos state to ensure conformity to the state’s master plan. In this article, we take an indepth look at how to process layout approval in Lagos State.

The details of layout and planning are essential to proper construction of a building. Layout prepares the site
for the foundation which must be planned and completed for each building being constructed.The real meaning and purpose of setting out (layout) is to transfer the plan, length and width of its foundation on the ground so that the foundation can be excavated for construction of purposed building as per drawing.

Before building development can commence, with respect to public and private estates, it is fundamental that the project owner is issued an approved layout development plan for his building project and must in no way contravene what is proposed in the approved building design.

The documents required to be submitted before a layout plan can be approved is no different from the documents requested for during the processes leading to building plan approval, In line with the State policy on Operation 30 – 30; an acronym for speedy processing/approval of building plan applications.

Nonetheless, I will go over it for the records;

While applying for layout approval, you are required to submit the following set of documents;

1. Five (5) sets each of :-
• Architectural Drawings,
• Structural Drawings, with detailing/calculations and letter of structural stability from COREN certfied Engineer.
2. Survey
3. Title Document
4. Tax clearance and Government fee (In the case of individuals); the Government fee only comes to play after your building plan must have been assessed and marked for approval…

5. Receipt of Tenement rate paid to the Government in respect of rateable properties owned by the applicant in Lagos State or Sworn Affidavit in lieu of that, or better still Land use charge rate.

Then inspection is carried out after you must have submitted the building design amongst other documents.
In Environmental Impact Assessment, irrespective of what you are doing you will have to submit soil test, topography map and project design.

After site inspection, a site report is taken and added into the inventory. A Provisional approval is issued after vetting has been done. They give you your design which ensures you do site and servicing.

Albeit, provisional approval doesn’t mean you will immediately start developing even though some people do start their building project afterwards.

Notwithstanding, provisional approval is for you to do your site and servicing, then make payment for layout approval. Having done that, you will then be requested to submit engineering drawing which is like M&E drawing. The engineering drawing shows sewage treatment, water supply, your road network, how you will carry out your drainage and the process by which you will run electricity into the premises. It is after this is done that you will be required to bring beacon sheet for each plot.

Its on the beacon sheet that final approval is granted.

However, before you get to the point of final approval, you will be asked to submit an approval order at the point when you submit engineering drawing and topography map. The approval order indicates the number of floors you want to erect in the building and/or the land in question; It shows the maximum number of floors for the project at hand.

That is the tool used in granting you layout approval.

On a final note; the importance of a layout plan approval in the course of a building project cannot be over-emphasized. The layout approval is not to constrain any builder neither is it to discourage, the layout approval is mainly to ensure a liveable and pleasant environment befitting the state’s mega city status.

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Lagos State Properties Protection Law – A New Era For Property Transactions

9japroperty — Thu, 29 Sep 2016 11:25:58 +0000

Generally, the Land Use Act (1978) specifically vests the ownership of all lands in Nigeria in the Governor of the respective states. The same Act also requires that any person who wants to alienate or transfer his land must obtain Governor’s consent to make the transaction valid in accordance with the Land Use Act. Notwithstanding the foregoing, the purchase or transfer of property in Lagos state has been greatly hindered by the activities of Land grabbers, otherwise known as the Omo Onile.

The practice of land grabbing entails the use of force, threats or violence to take possession or prevent a purchaser from acquiring legitimate interest and possession of property unless certain conditions are fulfilled. The said conditions are usually in the form of excessive levies or fines. Failure to adhere to the demands of the land grabbers in most cases result to the destruction any development on the land, or prevention of the land owner from taking possession.

In a bid to curb the unscrupulous activities of the Land grabbers in Lagos State, the Lagos State government recently signed into Law, a Law to prohibit forceful entry and illegal occupation of landed properties, as well as violent and fraudulent conducts in relation to landed properties in Lagos State. This new Law, known as the Lagos State Property Protection Law 2016 protects the proprietary rights of Land and Property owners in Lagos State and also criminalizes actions of forceful and unlawful entry or occupation of premises. Some of the key provisions the widely applauded Law are provided below:

Section 2 of the Law prohibits the use of force, threats or self-help to take over any landed property, or engage in any act inconsistent with the proprietary right of the owner. Additionally, persons who have used force to take over the property of another and remains in possession after the commencement of the Law shall be held to have committed an offence and liable to ten (10) years imprisonment.

Under Section 3 any person who without lawful authority, for himself or another, uses or threatens violence for the purpose of securing entry into any landed property commits an offence, notwithstanding whether the person using or threatening the use of force has a right over that property. Any offender under this section is liable to imprisonment for a term of 10 (ten) years.

Section 4 provides that any person who occupies a property as an encroacher and fails to leave the property upon a request by the owner, commits an offence punishable upon conviction with a fine not exceeding five million Naira or 5 (five) years’ imprisonment, or both. More importantly, Section 8 criminalizes any offer by any person to sell a property for which he has no lawful title or the requisite authority to sell. The same section also prohibits the sale or offer for sale of land that has been previously sold, without a court judgment repudiating the earlier sale. Any person found guilty of this offence is liable to pay a fine prescribed under the Law, or imprisonment or both, and the property resold to another shall revert to the lawful owner. Additionally, this section prohibits the sale of family land without the consent of the family head and other accredited members of the family; and the sale of government land or property without the consent or authority of the State.

Whilst the above represents only a fraction of the Law, it is important to note that this Law applies to the whole of Lagos State, unlike most Lagos State Property Laws limited to specific parts of the State.

The Lagos State Property Protection Law has been widely applauded as it has the potential to boost property transactions in Lagos State. However, it is pertinent to state that the essence of this Law will be defeated if the Lagos state government fails to proactively enforce it. An example that comes to mind is the Lagos Tenancy Law of 2011 which, amongst other things, prohibits landlords from demanding from a new or sitting tenant rent in excess of one year. Till date, the said Tenancy Law is openly and widely flouted and there has not been any reported case of prosecution and conviction of offenders under the Law. That said, in view of the promising nature of this Law, efforts must be made to ensure that the Law is enforced, the offenders are duly prosecuted, as this will greatly encourage real estate investment in Nigeria.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Ambode Mulls ‘Rent And Own’ Policy In Lagos State Housing Programme

9japroperty — Fri, 30 Oct 2015 09:00:24 +0000

Lagos State Governor Akinwumi Ambode on Friday said the state would consider adopting a ‘rent and own’ policy in resolving its housing deficiency.
In a chat with media executives at his office in Alausa, Ikeja, Ambode acknowledged that it was not easy for a winner of a three-bedroom flat, under the state government’s housing scheme, to make an initial payment of about N5 million– half the cost– before spreading out the balance through monthly payments.
He noted that it was unnecessary for a bachelor or spinster to own a three-bedroom flat, stressing that it was better for those in this category to get studio apartments and upgrade to more spacious accommodations when they get married and started having children.
He appreciated the solid foundation already laid by his predecessors in office in the state, and called for suggestions and constructive criticism by all residents, including the media, so as to build on what was on ground.
The News Agency of Nigeria (NAN) quotes Ambode as noting that the multi-modal approach already in place to tackle transportation problems in the state would be improved upon.
Stressing that his mantra would be ‘continuity with improvement’, the governor said that the involvement of the private sector in solving Lagos State’s transportation problems would be intensified.
He said that though about 230 private boat operators were transporting about a million people daily through the waterways, more were welcome.
The governor said that as more means of mass transportation came on board, the more than 600,000 private car owners and 120,000 motorcycles that were being put on the road in the state on daily basis would reduce in number.
On dwindling federal allocation, Ambode said that the state would enlarge its internally generated revenue drive, without bringing hardship to residents.
According to the governor, less than half of the taxable adults in the state currently meet their civic obligations and it was time more were made to key in without increasing taxation.
Ambode also said that more effort would be put in place to promote tourism in the state and use this to provide jobs for the teeming unemployed, adding that a summit would soon be convened to address the critical issues in the sector.
The governor also said that with a view to making the state the hub of investments in the West African sub-region, modalities were being put in place to woo more genuine investors from far and near.
Reiterating that his focus would be to shift development to the rural areas and thereby arrest urban drift, Ambode noted that the provision of electricity, potable water and other social amenities would receive priority attention. (NAN)

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