HOW TO OBTAIN BUILDING PERMIT IN LAGOS STATE

A building permit is a legal authorization granted by the local government body that enables you or your contractor to move on with construction or remodeling work on your property, whether it is residential or commercial.

7/27/2022 5 min read

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HOW TO OBTAIN BUILDING PERMIT IN LAGOS STATE

Around the Globe, the construction of buildings is well regulated through building regulations and controls put in place to secure health, safety and aesthetic and town planning goals. Whilst the building regulations would normally set out to establish the legal requirements and standards for design and construction of buildings, building control refers to statutory and routine checks at various phases of building works to certify compliance with building regulations.

Thus, humanity's continued need for shelter is crucial. Over time, the significance of buildings has expanded beyond only providing shelter to include the purchase of real estate as an investment. Therefore, it is not surprising that there will always be a need for shelter in the shape of structures, infrastructure, and other comparable forms to house social and commercial activity.

WHAT DOES A BUILDING PERMIT DO?

A building permit is a legal authorization granted by the local government body that enables you or your contractor to move on with construction or remodeling work on your property, whether it is residential or commercial.

WHO CAN APPLY FOR A BUILDING PERMIT?

The developer or the property owner may submit a building permit application. However,engaging a legal professional's services is safer. In order to avoid needless and complex administrative procedures that create bottlenecks without breaking any laws, thus the service a a legal professional is indispensable.

RELEVANT MINISTRIES AND AGENCIES TO DEAL WITH IN ORDER TO GET APPROVAL

LAND BUREAU: The administration, management, and control of land is a primary responsibility. In addition to registering titles, they allot land and regularize things. A C of O, mortgage, a gift deed, a will, and a letter of administration can all be registered through this ministry.

MINISTRY OF PHYSICAL PLANNING AND URBAN DEVELOPMENT: This Ministry is in charge of reviewing and approving building plans in the State of Lagos. A piece of land can be used for a variety of purposes. To find out why a certain area has been zoned or designed, a planning information request must be made to the Ministry of Physical Planning and Urban Development. This detail is crucial since it indicates if a state region has been designated for residential or commercial development.

OFFICE OF THE STATE SURVEYOR GENERAL: The Office of the Surveyor-General was established to register, start, formulate, execute, monitor, and evaluate policies regarding land matters within a State. It also provides a survey framework on land occupancy.

MINISTRY OF ENVIRONMENT: is the state government ministry in charge of planning, developing, and carrying out the state's transportation policies. The Ministry of Physical Planning and Urban Development in Lagos needs permission from the Ministry of Environment before beginning certain types of development.

THE ROLE OF LASPPPA IN OBTAINING BUILDING PERMIT

The major duty is to approve plans and development plans for both public and private estates, aswell as to monitor their progress. As a result, the Lagos State Physical Planning Permit Authority should be consulted in order to obtain development approval (LASPPPA).

THE PROCESS OF GETTING THE APPROVAL

According to the Lagos State Urban and Regional Planning and Development Law 2010, the Ministry of Physical Planning and Urban Development is in charge of the state's building control laws as well as physical planning, urban development, and urban regeneration.

THE PROCESS OF GETTING THE APPROVAL

According to the Lagos State Urban and Regional Planning and Development Law 2010, the Ministry of Physical Planning and Urban Development is in charge of the state's

building control laws as well as physical planning, urban development, and urban regeneration.

WHAT ARE THE REQUIREMENTS FOR OBTAINING BUILDING PERMIT IN LAGOS STATE?

The following documents are required from an applicant:

  1. 5 original copies of architectural drawing duly stamped and sealed with a stamp endorsed by the Architects Registration Council of Nigeria (ARCON)

  2. 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.

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

  4. Evidence of payment of assessment fees due on the application

  5. 5 Original copies of the mechanical and electrical drawings (if applicable)

  6. Certified true copy of title documents (i.e. certificate of occupancy, registered conveyance, governor’s consent or letter of allocation)

  7. Confirmation/Clearance letter from the Lands Bureau if title documents are being processed by the Lands Bureau (if applicable)

  8. Clearance letter from the Land Use Allocation Committee (LUAC) (if applicable)

  9. Fire safety clearance letter from Lagos State Fire Service (if applicable)

  10. Metroline corridor clearance letter from Lagos State Ministry of Transport (if applicable)

  11. Traffic impact assessment report from the Lagos State Ministry of Transport (if applicable)

  12. Drainage clearance letter from the Office of Drainage Services, Lagos State Ministry of Environment (if applicable)

  13. Copy of a confirmation letter from New Towns Development Authority (if applicable)

  14. Soil test report (if applicable)

  15. Environmental impact assessment report from the Office of Environmental Services, Lagos State Ministry of Environment (if applicable)

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

  17. Physical Planning Technical Report from the Physical Development Intervention Department of LASPPPA (if applicable)

  18. Clearance letter from the Nigerian Air and Civil Aviation (if applicable)

  19. Clearance letter from the Nigerian Air and Civil Aviation (if applicable)

  20. An original sun-print survey plan

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

  22. 2 passport photographs of the applicant(s)

  23. 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 applicant is a company

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

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

  26. Development levy receipt

  27. Site photograph

Please be aware that in addition to the above listed requirements, an applicant may be required to obtain other clearance letter(s) from specific Government Ministries, Departments or Agencies (MDA) depending on the nature of the project and its location.

WHAT ARE THE APPLICABLE COSTS OF PROCESSING A BUILDING PERMIT?

  1. Architectural drawings- N150,000

  2. Structural drawings-N35,000

  3. Electrical building service drawing-N50,000

  4. Mechanical building service drawing-N50,000

  5. Bill of quantity-N50,000

HOW LONG DOES IT TAKE TO PROCESS BUILDING PERMIT IN LAGOS?

The procedure lasts for at least sixty (60) days, but it may be prolonged if the LASPPPA deems the suggested designs and drawings to be satisfactory. The developer (i.e., applicant) must start operating within the two (2) year approval period of the building permit before it is issued. Please be aware that once approval is given, law enforcement anticipates that work will have started on the property; otherwise, the permit will expire.

WHAT HAPPENS IF MY APPROVAL BECOMES INVALID AFTER 2 YEARS OF NOT COMMENCING DEVELOPMENT?

An invalid approval for not commencing development would need to be re-validated with LASPPPA as stated in section 37(3) of the Urban and Regional Planning and Development Law 2010.

ARE THE REQUIREMENTS FOR BUILDING PERMIT THE SAME FOR A SIMPLE RENOVATION?

Where the applicant is only seeking to make secondary improvements or extension to the building such as, to create a small compartment or boys quarters, then some of the required documents listed above would not be required.

In any case, the architectural and structural drawings as well as a letter of supervision from the registered site engineer which doubles as a letter of indemnity from the engineer, title document, survey plan, tax clearance remain mandatory requirements in most instances. These documents must be provided, duly vetted and approved before the permit is granted

NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com

WRITTEN BY CHAMAN LAW FIRM TEAM

EMAIL: chamanlawfirm@gmail.com

TEL: 08065553671, 08024230080