On January 28, 2025, the Ministry of Environment and Water Resources continued it’s enforcement across the state with the removal of illegal market structures around the Cele under-bridge axis. The Director of Public Affairs of The Lagos State Building Control Agency (LASBCA) has also announced plans to eradicate structures built under of power lines and high-tension electric infrastructure across the state. The Hon. Commissioner for Environment and Water Resources affirmed that citizens should cooperate with government in its enforcement agenda as it is determined to develop a sustainable land management plan in line with its goal of making Lagos a world class City, while addressing the habitual flooding challenges that have plagued the state for decades. For Bar. Essien it is necessary that real estate professionals are abreast of the Government’s policies so as to be able to properly plan and conceive their developments
1. Lagos State Real Estate Regulatory Authority Law (LSRERA) of 2021, real estate practitioners are expected to register with the body to secure permits for practice in Lagos State. Upon issuance of the permits be all projects will be subject to supervision in accordance with the State Building Code, while project sites would be inspected to ensure that construction is in conformity with the approvals given, including regular tests to confirm structural stability. Principally approvals will only be given to sites that do not contradict the State Urban Planning codes and are in compliance with the state’s master plan.
2. The Lagos State Urban and Regional Planning and Development Law 2010: This establishes Lagos State Physical Planning Permit Authority (LASPPA) with the mandate to develop rules for building control, urban development, and physical planning. This body is essentially responsible for the issuance of building permits covering the development or construction of all buildings in Lagos State while ensuring that all developments are in accordance and in conformity with the Lagos State Urban Development Plan.
3. The Lagos State Building Control Regulations also established the Lagos State Building Control Agency (LASBCA) with the responsibility to provide guidelines for building construction including renovations. LASBCA ensures that all projects take into consideration environmental factors, safety, and structural integrity. This agency undertakes regular inspection of approved construction sites and is vested with the responsibility of certifying the various stages of the construction process.
4. The Lagos State Materials Testing Laboratory Agency (LSMTL) was also established to ensure efficiency and accuracy in the testing of materials utilized for all building construction in Lagos State. The Agency works in close collaboration with other agencies to certify building materials in Lagos State leveraging on date and geotechnical investigations.
With several decades in the legal and real estate sector, both as Principal Partner at Vincent Essien Company and CEO of Queensville Limited, Mr. Vincent’s combined knowledge has propelled him to believe that stakeholders in the construction and real estate sector only have to do one thing and that is compliance. According to him, “The recent demolitions by the government are only taking place to forestall further crises in the built sector and it indicates the need for the real estate industry to transit from a regime of lax regulation to one of strict regulatory compliance.” Mr. Vincent further buttressed the need for developers to develop a checklist of the state regulations so as not to contravene of the current land and building regulations in Lagos State. He further shared some tips:
1. Undertake Comprehensive Due Diligence:
“Prior to purchasing land or launching an infrastructural project, it is necessary to ascertain the legal status of the land. This will involve checking on whether the land is encumbered, if it is free of Government Acquisition, or what the approved zoning is for the area, meaning whether it is strictly residential, mixed use or commercial. The approved height levels and building density of allowed units are also critical information to guide a prospective developer. In carrying out a comprehensive title search it is necessary to engage a lawyer so as to prevent hicups down the road.
2. Compliance with Zoning and Building Laws:
“It is a binding requirement that development should comply with the respective zoning laws and that permits are obtained. The Lagos State Building Control Agency (LASBCA) has the power to demolish buildings whose owners did not either obtain the required approvals, or built in contravention of the approvals he explained.
3. Be Prepared to Work Hand in Hand with Government Agencies:
Develop and sustain communication channels with the relevant government agencies such as the LASPPPA and the LASBCA so as to ease the proper execution of the project and compliance,” he advised.
4. Invest in capacity building and be abreast with evolving rules and regulations:
Developments regarding real estate governance are evolving on a day-to-day basis, and for Mr Vincent, “continuous education is vital.’ He encouraged developers to attend workshops and seminars and be in constant communication with their legal practitioners on the best compliance practices. Constant updating of knowledge allows professionals to make informed and correct decisions within the legal and regulatory framework.
5. Cultivate Proper Risk Management Standards:
“Developers, therefore, must put in place an all-encompassing risk management framework which includes routine compliance audits, environmental assessments, and contingency planning. This would assure compliance not only with regulations but also enhance the resilience and sustainability of the real estate project,” he instructed.
On the role of professional bodies Mr. Vincent also discusses the vital role of professional associations in promoting best practices. Associations like like the Nigerian Bar Association (NBA) and the Real Estate Developers Association of Nigeria (REDAN) are critical in setting standards. Liaising with these bodies offers support in terms of resources, advocacy, and collective approaches to tackling industry problems.
Looking ahead, Vincent acknowledges that Lagos is in the process of becoming a megacity, hence the interplay of building and infrastructural development under a strict regulatory environment remains a delicate process. Toward this evolution, Vincent proposes a “’collaborative approach:” It calls for the unity of all involved in the process; government, agents, developers, legal practitioners, and the entire built community. Working together will produce an urban environment favorable for improvements in a safe, legal, and environmentally friendly manner.”
The recent demolitions in Lagos have emphasized the need for stronger regulatory measures in the built sector to prevent losses to the State economy. Undoubtedly, adherence to regulations, requires proactive advocacy by the regulatory authorities, and the upgrading of capacity by the practitioners to sustain the success of the thriving Lagos State real estate sector. And in the words of Vincent Essien, “compliance is the ethical and professional obligation and not a necessary evil”.
By infusing these ideals into their engagement, stakeholders will shield their investment and developments from the government’s big stick and work towards delivery of the Lagos Mega City that we can be proud of.
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