PLANNING LAW (EST 322)

DEFINITION OF LAW
The word “law” has a variety of meanings. However, one is to first distinguish between natural
laws (i.e. laws which deals with something, or the result of which can be deduced from known
observation of cause and effect. e.g the laws of gravity or creation) and man-made laws (i.e. laws
which deals with how it ought to be e.g. what society thinks or lay down as a code of conduct).

It is on the man-made laws that the urban and regional planning laws are based. Thus, urban and
regional planning laws are man-made laws. Nevertheless, there are few definitions of law which
lawyers often refer to.

Jurist John Austin (1790 – 1859)

He defined law as the command of the sovereign backed by sections. He asserted that law was a
command of a sovereign and the citizens were under a duty to obey that command.

Williams Walker (1824 – 1860)

He defined law as a form of social control of regulative influence over practically every form
human conduct.

Plato (428 – 347 BC)

He defined law as an embodiment of rules laydown for human conducts.

Thus, a law can simply be defined as a rule of conduct which differs from other rules of conduct,
in that it is supported by sanctions and administered by the State.

Though the problem of definition may continue, it is sufficient to say that where there is a
sanction on the breach of morals, ethics, customs, action or in-actions, it can be regarded rightly
to be law. From the above various definitions, we can see that most of the rules may derive from
the customs, legislation or even case law and that they are obligatory and are enforceable.

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Types of Law
There are two types of law. These are:
(i) Written Law (ii) Un-written Law
Classification of law
There are two classification of law: these are:
i. Public law and private law
ii. Criminal law and civil law

DEFINITION OF PLANNING
Planning is a concept to define. It means different things to different people. Thus, many
definitions have evolved for the word. Many social, physical, economic, technical, and political
issues in society cry out for definitions and solutions.

Lewis Keeble (1969) defined planning as an art and science of ordering the use of land and
siting of buildings and communications routes so as to secure maximum practicable degree of
economy, convenience and beauty.

Andreas Faludi (1973) defined planning as the application of scientific method however crude
to policy making.

Peter Hall (1975) defined planning as a general activity in the making of an orderly sequence of
action that will lead to the achievement of a stated goal(s).

Adeniyi E.O (1980) defined planning as being concerned with the design, growth and
management of the physical environment in accordance with predetermined and agreed policies.

Planning by definition involves formulating a vision of a more desirable situation for a society in
the future. When related to the environment the “plan” is the expression of this vision showing
the spatial arrangement of land uses and a proposed course of official action to influence land use
(Hall, 1999).

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Planning has many specialized components which among others include land use, urban design,
development, heritage or environment and resources. However, according to Obateru (2005), the
adequacy and operational utility of the definitions not withstanding planning can also be defined
as “coordination of goals and the resources available to achieve them”.

The rationale for this definition can be attributed to the following:

a. Coordination of the goals laid down by the various government instrumentalities through
the assignment of priorities to them (goals).
b. A forecast of the resources required to achieve the goals followed by an allocation of the
resources to the goals on priority basis, and
c. The establishment of a central body of agency to be responsible for (a) and (b), that is to
coordinate the goals set and the available resources.

In economic planning, for instance the goals set by the various government instrumentalities
(ministries, departments and agencies) are coordinated by prioritization. Next, the factors which
will govern production and consumption are forecast several years ahead and the prospective
resources are allocated to the ordered goals.

DEFINITION OF PLANNING LAW

Planning laws related to land, its acquisition and development. Thus, planning laws can be
referred to as tolls to guide orderly arrangement of physical development activities in accordance
with contemporary planning principles in any society.

Planning laws, therefore, are to provide legal basis for directing and controlling the present and
future of the built environment in the interest of the society as a whole. Planning laws are also to
provide framework for properly planned environment for all activities, be it economic, social-
cultural, residential, institution, municipal service and facilities.

The need for planning laws in Nigeria is the direct product of the prevailing social and economic
changes. If land were owned by the Government in trust for the entire people of Nigeria, there
would be no need for compulsory purchase legislation when land was required for public

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purposes. The idea is to ensure the best utilization of land in the national interest, and to prevent
individual landowners from using their land to the detriment of the body politic (relating to a
national policy).

HISTORICAL DEVELOPMENT OF NIGERIAN URBAN AND REGIONAL PLANNING

LAW AND ADMINISTRATION
The rationale for taking a historical perspective of planning in Nigeria is two folds. First, it
allows one to appraise the policies, strategies and results of physical development in the last forty
years or in multiples thereof into the past and secondly, it allows one the advantage of hindsight
to analyze the planning milieu. Thus, in today’s world, when conditions seem to change
continually, the past may provide a solace for the present and equip us better to project for the
future.

The evolution of urban and regional planning in Nigeria is intractably bound with the growth of
commerce. Most of the strategically located older Nigerian cities and the newly created colonial
towns were essentially bulk breaking ones for agricultural produce and imported industrial goods
with Lagos as the main port and central seat of government (Agbola, 1986).
Physical planning in a general sense was part of local indigenous administration in Nigeria, long
before the colonial administration. By the middle of 1800s, many indigenous cities, though not
urbanized in the sense of having 20,000 people, had a form of arrangement of land uses in their
domains.

For instance, Oyo Kingdom seats of government had some form of deliberate spatial
arrangement of land uses around the palaces and central markets from which other elements of
the settlement take off. Therefore, the Nigerian landscape, to some extent, had some rudimentary
elements of planning. A review of the history of urban and regional planning in Nigeria must be
well positions not only within planning legislation and political economic scene, but also in the
context of the people being planned for in terms of population growth over time. Urbanization
and process of the people living in urban centres in Nigeria predate the colonial adventure in the
country.

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Although the evolution development and trend of physical planning in Nigeria can be
categorized into three (3) main eras namely:
i. Pre-Colonial Era (Pre 1863)
ii. Colonial Era (1863 – 1960)
iii. Post-Colonial Era (1960 – Date)

The Nigerian urban and regional planning law span through only the:
i. Colonial era (1863 – 1960)
ii. Post-colonial era (1960 – date)

URBAN AND REGIONAL PLANNING LAW IN THE COLONIAL ERA

This is concerned with the review of planning laws before the nation’s independence in 1960. It
begins by looking at the laws that are not only cardinal to planning but also related to the
improvement of towns and cities and environmental oriented. Those planning laws during
colonial administration seem to form the basis of the pre-independent legislation. These laws
include the following:

i. The Town Improvement Ordinance of 1863

This ordinance represents the first ever and the origin of urban planning law or related legislation
in what is now known as Nigeria. The ordinance was published in Lagos for Lagos Colony by
the Colonial Government.

The ordinance was derived from Britain’s first Planning Acts, the Town Improvement Act of
1847 and the Public Health Act of 1848 which dealt with the structural stability of houses,
ventilation, fire prevention and water supply.

Objectives
The objective of the ordinance was to control the uses, development of land and improve
environmental sanitation in Lagos Colony. Planning standards were specified for various
segments of the city as an area was divided into traditional and government reservation being
administered by traditional ruler and colonialists respective.

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Enforcement
The enforcement of the ordnance was vested with the Health Department of defunct Lagos City
Council. Because the focus of the ordinance was on urban sanitation, many planners regarded it
as Health Regulation rather than urban and regional planning legislation.

However, for the country at large, it was Lord Luggard’s Land Proclamation of 1900 (Title to
Land in Northern Nigeria) that provided for indirect rule in respect of land administration and
settlement development. The import is that urban settlements in native years were to be
administered by the native rulers. There were series of legislations in place after 1900 that guided
physical planning across the country.

ii. The Cantonment Proclamation of 1904

Although there had been earlier statutes dealing with various aspects of physical planning in
Nigeria, particularly in Lagos State (for instance Lagos Improvement Act, 1863; Swamp
Improvement Act, 1877 and Public Health Act 1917), it was not until 1904 that the first planning
legislation sort of emerged.
Around 1904, the Cantonment Proclamations and Regulations was also established in the
Northern Nigerian with regulations similar to those of the Health Boards in the South.

Objectives
There is no doubt on the fact that protecting and preserving the health of the Europeans was
paramount in the objectives of the 1904 Cantonment Proclamation. This was borne out of the
concern for the environmental sanitation that was prevailing at the time.

Besides the concern for the protection of the health of the Europeans and the concern for the
improved environmental sanitation in the Government (European) Reservation Areas (GRAs),
the Cantonment Proclamation of 1904 was also concerned with the land use, creation of open
spaces and outstanding residential buildings, some of which still exist till today.

Enforcement
The Cantonment Proclamation of 1904 saw to the creation of and provision of guidelines on the
layout, sanitation and administration of the GRAs. The regulations were to be administered by a

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Magistrate, who was also to fix minimum levies on all houses and issue permits to person other
than government employees to reside in the cantonments. The Magistrate was also charged to see
to buildings and open spaces, protection from fire, the control of market and so on.

The proclamation also provided for improved environmental sanitation outside the European
areas. An interesting aspect of the provision was that large cities were to be divided into wards
and Chief of each ward was responsible for its sanitation. In addition, the proclamation stated
that incineration and latrine pits should be introduced and cemeteries should be established
where they do not exist. Above all, different planning standards were specified for the various
segments of the city. Infrastructural provisions were concentrated in the European Reservation
Areas.

iii. The Ordinance No. 9 of 1914

This was enacted for the purpose of government acquisition of land compulsorily for public use,
irrespective of the status of the land.
iv. The Township Ordinance No 29 of 1917
In 1917, the Town Improvement Ordinance of 1863 was amended to Township Ordinance so
that its influence could be extended to all other urban centres especially with the 1914
amalgamation of Southern and Northern Protectorates. Thus, it can be said that the first statute
on Town and Country Planning in Nigeria was this 1917 Township Ordinance.

Objectives
The ordinance was reputed for classifying urban settlements into different grades of cities in the
country into First, Second and Third Class Township as well as to establish broad physical layout
of towns. Mabogunje (1968) gave the comprehensive list of the cities so classified with only
Lagos being a fist class city.

The ordinance provided for improvement schemes to be undertaken in the second-class

categorized cities that were also given prominence, such as Port-Harcourt, Enugu, Jos, Minna,
Kaduna, Ibadan etc. cities in the third-class category, numbering about forty-eight included Ile-
Ife, Sokoto, Owerri, Ondo amongst others.

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Enforcement
These categorized cities were obviously given more attention by the colonial administration than
cities that were not in any of the categories. In terms of administration a first class city such as
Lagos had a Town Council with a wide range of functions, while all second class township were
managed by Local Authority with powers to collect rates under the control of District Officers.

Another feature of the ordinance is that, besides legalizing the GRAs was deliberate policy of
segregation. It legalized the segregation of the Southern Nigerians living in the cities in the
Northern Nigeria, referring to their (Southern Nigerians) areas simply as “Sabo Gari”. Second, it
legalized the segregation of the Northern Nigerians living in the cities in the southern Nigeria
referring to the (Northern Nigerians) areas simply as “Sabo” Mabogunje (1985:310).

With respect to planning, the 1917 Township Ordinance adopted different or discriminating
guidelines for the physical development in both the native towns and the Government
Reservation Areas were adequately planned for, with infrastructural facilities as well straight line
with trees and buildings with adequate setback.

The native towns covered by buildings and narrow streets. All these planning impacts are still
visible till today. Another planning impacts of the ordinance is the laying of guidelines for
physical layout of towns. The layout is still visible in such towns Aba, Port-Harcourt, Enugu,
Jos, Kaduna and Minna today.

Township Classification of Cities in Nigeria, 1917

Class Cities
First Class Lagos
Second Class Aba, Abeokuta, Calabar, Enugu, Forcados, Ibadan, Ilorin, Itu,
Kaduna, Kano, Lokoja, Minna, Onitsha, Opoko, Port-Harcourt,
Sapele, Warri, Zaria.
Third Class Abak, Abakaliki, Abiusi, Ado, Afikpo, Agbor, Ahoada, Ankpa,
Arochukwu, Asaba, Awka, Badagry, Baro, Bauchi, Benin, Bida,
Bonny, Brass, Burutu, Degema, Eket, Epe, Ife, Ijebu-Ode, Ikom,

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 Ikorodu, Ikot-Ekpene, Ilaro, Jebba, Koko, Kontagora, Kwale,
Maiduguri, Obubra, Obudu, Offa, Ogoja, Ogwashi, Okigwe,
Umuahia, Ondo, Oron, Owerri, Sokoto, Ubiaja, Uyo, Uzuakoli,
Zungeru.

Source: Mabogunje (1968. P. 113)

v. The Lagos Town Planning Ordinance of 1928

This Ordinance was enacted in response to the fundamental drawback of 1917 Township
Ordinance with no provisions extended to native towns, consequently, no feasible planning ever
took place in the native areas. The physical development problems arising from congestion in the
native areas that were plan-less led to the outbreak of bubonic plague in the later part of the
1920s.

Objectives
The 1928 Ordinance for the first time made town planning a government activity and ensured
that Lagos Executive Development Board (LEDB) was setup as the Town Planning Agency for
Lagos to undertake several assignments including comprehensive land use planning and
development in the Federal Territory of Lagos including housing schemes in Surulere, South
West Ikoyi, slum clearance (re-development) on Lagos Island and resettlement schemes, land
reclamation of Victoria Island, at south of Yaba Estate, Industrial Layout of Apapa, Iganmu and
Ijora. It is however, interesting to know that Lagos State derived its own control Regulations
from this Lagos Town Planning Ordinance of 1928.

Enforcement
The Lagos Executive Development Board (LEAD) operated as a Federal Government Planning
Authority responsible for planning and development of Lagos but without local representation.
The Board had no representative from the Lagos Town Council Unit until 1946 when the Lagos
Town Planning Commission in its recommendations emphasized that the authority most
concerned with development of Lagos is Lagos Town Council and it is indispensable that the
Lagos Town Council should be fully represented on the LEDB in order that a close liaison shall
be established between the board and council and that the board should have the advantage of the

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advice of the Council on all matters concerned with the development of Lagos (Okpala, 1977:
155). The 1928 Lagos Town Planning Ordinance was in place for eighteen years and served as
the basis for the framework of 1946 planning law.

vi. The Town and Country Planning Ordinance No. 4 of 1946

The most ever significant development in the field of planning legislation in Nigeria in the first
half of the century was the enactment of Town and Country Planning Ordinance of 1946. This
legislation is cited as Cap 155 of the 1948 edition of the Laws of Nigeria, with the
commencement date of 28th March, 1946. Following the introduction of the Federal Structure,
the Ordinance became a Regional (later State) laws.

This Ordinance was, perhaps, the first comprehensive urban and regional planning legislation
that covered the entire country and provided for planning and implementation of schemes by
Town Planning Authorities. This planning legislation was modeled after the British 1936 Town
and Country Planning Law.

By 1945 it was obvious to the colonial administration that urban planning was missing from the
country’s constitution and this omission called for urgent attention. Thus, in 1946, the Town and
Country Planning Law, Cap. 155 (Ordinance No. 4 of 1946) was promulgated. The law was
made to “make provision for the re-planning, improvement and development of different parts of
Nigeria” by means of planning schemes and establishment of planning authorities. As the first
nationwide framework for Urban and Regional Planning in the country under the colonial
administration, the Nigerian Town and Country Planning Act of 1946 was widely adopted
throughout the country.

The Ordinance covered a wide area of planning operations ranging from planning schemes and
planning authorities, preparation and approval of schemes and supply of schemes, compensation
and betterment, the legal procedures for the operations of the schemes and financial matters for
successful implementation of the scheme.

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The principal focus of the Ordnance was the improvement and control of development by means
of planning authorities appointed by the Governor. According to Olawoye (1982:15) control of
development is still by the adoption of an improved scheme, over an area declared a planning
area to which all development within the area must conform.

A planning scheme is authorized to be made with respect to any land, whether there are or no
buildings thereon, with the general objectives of controlling the development and use of land in
the area to which the scheme applies, of securing proper sanitary conditions, amenity and
convenience, and of preserving buildings or other objects of architectural, historic or artistic
interest and places of natural interest of beauty and in general of protecting existing amenities
whether in urban or rural portions of the area.

Planning in general was vested in the hands of Governor who delegates his powers to the
Commissioner (formerly Minister) in charge of planning matters. The commissioner in turn
empowers the planning authorities to secure control of development through the preparation of
planning schemes.

Although the 1946 Act was designed for the improvement and control of development by means
of planning schemes to be prepared by planning authorities that were established by the
government, it was more elaborate on the scope and content of the schemes and emphasized on
development control that would ensure that “adequate provisions are made for roads, buildings
and other structures, amenities, public utility services, transport, communications and other uses
to which land is put, the principle of zoning” (Oyesiku, 1998, pp.46 – 47).

An important area of significance of the 1946 Act was the institutionalization of Local Planning
Authorities to be responsible for all aspects of planning but through approved planning schemes,
and for the administration of existing town and country planning laws.

The 1946 Act, to some extent did not allow for participatory decision making process on
planning matters and was also unfriendly to extent that it was difficult for an objection to be
raised in respect of planning scheme. In this regard, a new planning law was necessary not only
for a new planning order but also to address lingering planning operation and administration

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challenge carried over from the colonial times. Moreover, the 1946 Act, being a nationwide
legislation applied to every part of the country, remained in existence for close to fifty years and
was only replaced by the Urban and Regional Planning Decree No. 88 of 1992.

PLANNING AUTHORITIES AND DEVELOPMENT CONTROL UNDER THE 1946

TOWN AND COUNTRY PLANNING ORDINANCE
The Ordinance most remarkable feature was that it provided for the appointment of Planning
Authorities. Secondly, the Ordinance also secured control of development (Development
Control) through the preparation of planning schemes made by the planning authorities.

There is no doubting the fact that the 1946 Town and Country Planning Ordinance introduced for
more comprehensive town planning on Nigeria than any ordinance before it. This is evident in
terms of the coverage. The Ordinance has provisions that touch more on planning issues than any
Ordinance before it. Its provisions touched on such planning topics as Planning Schemes, its
preparation, approval and implementation, Planning Authority, development, Acquisition of
Land for Planning Schemes, Compensation and Betterment, Powers and Functions of Planning
Authorities, among others.

Planning Authorities
Town and Country Planning administration in Nigeria was the responsibility of the
commissioner in charge of planning matters and the local planning authorities (herein referred to
as the authorities under the 1946 Ordinance). The authorities were responsible for planning
through approved planning schemes as well as for the administration of various town and
country planning laws.

Upon the appointment of an Authority for one or more areas by the governor, the authroty was
empowered to declare any area which it had made adequate investigation as planning areas.
Development permits or interim development orders are issued by the Authorities for the
carrying out any development of land.

Ola (1984:78 – 79) attempts a summary of the functions of the planning authorities under the
1946 ordinance thus: they are autonomous statutory organizations as established by the planning

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law of the states, prepare town planning schemes and implement same in states, approves
layouts and building plans after scrutiny with the framework of building bye laws, subdivision
and zoning regulations, ensure that regulations as contained in development plan or the planning
scheme, and enforce strict compliance with the requirements of the town and country planning
laws of the states.

The authorities were also empowered to accept any rates, money, property or other assistance for
the purpose of executing the scheme or raise revenue for planning purposes through the
imposition of levies and collection of rates (referred to as planning rates). In addition, the
authorities were required to control and manage their own finances and may even buy and sell or
let, hire, lease, exchange or otherwise dispose of any property, movable or immovable.

DEVELOPMENT AND DEVELOPMENT CONTROL

Development
Section 22 of the British Town and Country Planning Act of 1971 defines development in
relation to land as: carrying out of building, engineering, mining and other operations in, on, over
and under land or the making of any material change in the use of building or other land.

While the 1959 Town and Country Planning Law of the former (defunct) Western Region of
Nigeria defines development as any building or rebuilding operation and any use of the land or
any building therein for a purpose which is different from the purpose for which the land or
building was last being used. When these two definitions are considered together, the meaning of
development appears sufficiently clear.

Development Control
Development control can be defined as the process by which various developments are made to
comply with the physical development plan’s proposals. It can also be defined as the whole
process of making development proposals from both the private and public developers to fit in
with the physical development plans proposals.

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Another way of looking at Development Control is that it involves regulations of detailed aspects
of development about which precise guidance cannot be given by the physical development plan,
so as to ensure convenient and anticipated results.

Development control is the process whereby development proposals are made to comply with the
planning rules and regulations before they are fully implemented. Development Control ensures
that development of spatial activities and overall growth of cities and rural areas are done in
orderly manner through the provisions of guidelines for these activities and preparation of
planning schemes.

Development control ensures that adequate provisions are made for roads, buildings and other
structures, amenities, public utility services, transport and communication and other uses to
which land is put, harmonious interrelationship is promoted among these competing land uses
through the principles of zoning.
Zoning attempts a rational apportionment of the land among the various competing private and
public use. It also attempts to separate “non-conforming or contradictory socio-economic
activities spatially from other land uses and putting conformity uses together in a mixed use
zone”.

Development Control Under 1992 Urban and Regional Planning Law

Development control is the second part of the 1992 Urban and Regional Planning law. In
contrast to the previous planning laws, the 1992 law provides for the establishment of multi-
disciplinary Development Control Department (DCD) by the commission, board and the
authority under their areas of jurisdiction. Control department at each level (Federal, State and
Local Governments) shall have power over the development control of (federal, state and local)
land and estates respectively.

The power and the functions of the DCD are the same irrespective of the level. Approval of a
planning body (i.e Commission, Board and Local Authority) shall be sought before any land
development and the development permit is given within three months of submission of such
proposal. More worthy of note is that the provisions that government agencies are now to obtain
planning approval. This is a great positive step as the situation before allows government

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agencies to initiate plan and implement development activities without obtaining development
permit (Planning Approval).

In addition to the fact that all developers (whether private or government) are to apply for
development permit by providing the plans, design drawings and so forth, a detailed
Environmental Impact Statement (otherwise known as Environmental Impact Assessment
Report) must be submitted for
i. residential land in excess of 2 hectares, or
ii. new plan to build or expand a factory or for the construction of an office building in
excess of four floors or 5,000 square metres if a lettable space, or
iii. a plan for a major recreational development.

The law also provides for development permit to be valid for two years. Failure to commence
development after two years implies that the developer shall re-validate the development permit
originally issued by the DCD. Either in the case of original or re-validated development permit,
the DCD may revoke the permit having regard to all matters and condition specified by the
provisions of the law prior to granting a development permit.

In summary, worthy of emphasis as being very material and important to the real understanding
of what development control actually is, are the following statements which regard development
control as procedures and processes:
a. Whereby various individuals developers’ proposals are made to comply with physical
development plan proposals,
b. Whereby development proposals from both private and public developers are made to fit
in with the physical development plan proposals;
c. Which involve regulation of detailed aspects of development about which precise
guidance cannot be given the physical development plan;
d. Which are concerned with controlling the development of land and building;
e. Which regulate, restrain, keep in order, check changes on land uses that are in conflict
with the wish of the planning authority and the benefits of the public;
f. Which actually regulate any building or rebuilding operations in, on and under the land;

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 g. Which ensure an orderly growth of settlement by stipulating adequate standards for all
aspects and land use;
h. Which occupy a central and an important place in physical planning practice as a tool to
enforce various development activities;
i. Which occupy a central and an important place in physical planning practice as a tool to
enforce various aspect of development proposals made by developers to comply with the
physical development plan proposal of the government;
j. Which ensure the best utilization of land in the national interest and;
k. Which prevent individual land owners from using their land to the detriment of members
of the public;

Concept of Development Control

The two main purposes of physical planning are
i. To create a better environment for living, working and recreation, and
ii. To secure the right of land
Apparently, there are three developing ways by which development plan can be achieved i.e.
creating a better environment for living, working and recreation. These are by:
a. Direct and coordinated intervention of the Planning Authority;
b. Encouragement of individuals and institution to pursue complementary objectives; and
c. Controlling the form and nature of land use development.

Technical Devices Used in Development Control Process

There are two technical devices usually used in the development control process. These are:
a. Land Use zoning.
b. Planning Standard.

Powers and Functions of the Development Control Department

The powers and functions of Development Control Department are provided for in Sections 28 to
46 of the Nigerian Urban and Regional Planning Law of 1992. These powers and functions are
wide because they cover such powers as to be able to do the following among others:

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 i. Power to approve or reject any land development from a private or government
(public) developer;
ii. Power to compel developer to submit environmental impact statement report where
necessary;
iii. Power to delay approval; of an application for a development proposal, though the
delay shall not exceed three months
iv. Power to enforce rights and duties attached to a development permit like payment of
approval fees,
v. Power to alter, amend, vary or even revoke conditions attached to the grant of a
development permit;
vi. Power to revoke development permit already granted to a developer and
vii. Power to pay compensation.

Approval, Rejection and Delay of an Application for Development Permission

By the provision of Section 34 Sub-section 1 of the Nigerian Urban and Regional Planning Law,
1992, the Development Control Department can approve or reject an application for
development permission. Sub-section 2 of the same Section 34 further empowers the
development control department to delay the approval of an application for development
permission for a period not exceeding three months based on circumstance which may require
that:
a. The developer, at his own expense, shall:
i. Provide public infrastructure and facility; or
ii. Provide necessary commercial facility; or
iii. Provide necessary social, recreational; communal facility, or
iv. Pay a sum of money in lieu to the Development Control Department for providing
(i) and (ii) of this paragraph (of the above).
b. The developer enters into an agreement with an individual corporate or unincorporated
body in respect of any matter the development control department deems to be necessary
for the development,
c. The developer pays such fees or other charges imposed by the development control
department;

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 d. The developer shall comply with any other condition stipulated by Regulation made
under this Decree (Law).

However, Sub-section 3 of the same Section 34 further provides that in reaching its decisions on
the approval, rejection or delay of an application for development permission, the development
control department shall comply with:
a. The policy and proposal of an approved plan applicable to a locality within its area of
jurisdiction;
b. A proposed plan or an approved plan under review, and
c. Any other consideration made particular and applicable to a locality by a regulation made
by or pursuant to the provision of this Decree (Law).

Grounds (Reasons) for Rejection of a Development Permit Application

Although Section 30 Sub-section 1 of the Nigerian Urban and Regional Planning Law, 1992,
provides that a developer (whether private or government) shall apply for a development permit,
Section 31 makes a clarification on the grounds for rejection of such development application. In
other words, an application for a development permit may be rejected if:
a. The plan is not in accordance with an approved plan; or
b. The plan is in the course of preparation; or
c. The Development Control Department believes that the plan will have a major impact
upon the environment, facilities or the inhabitants of the community which are not within
the estimation of the physical development plan for the community; or
d. The Development Control Department believes that the plan contains such additional
facilities that are not within the estimation of the physical development plan; or
e. The development plan is not in accordance with any other conditions as may be specified
under any Regulation made pursuant to this Decree (Law).
f. The Environmental Impact Statement is required to be attached to such an application but
it is not so attached.

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However, in order to guarantee justice and fair-hearing, section 32 provides that the
Development Control Department may consider representation made to it by a developer whose
development permit application was rejected.

What Should Characterize the Decisions of the Development Control Department?

Sub-section 5 to 8 of the Section 34 of the Nigerian Urban and Regional Planning Law, 1992
provide that the decision of the development control department concerning approval, rejections
or even delay of an application for development permission shall be in writing. In addition, the
development control department is bound, by the provisions of the above mentioned subsections;
to give reasons for its decision shall be conclusive evidence of information stated therein.
Besides, legal rights are only attached to the decision on an application after it has been
communicated to the applicant in writing.

Validity of a Development Permit Issued by the Development Control Department

By the provision of Sub-section 2 of Section 35 of the Nigerian Urban and Regional Planning
Law, 1992, a development permit is only valid for two years from the date of communication of
the approval for a development permit to a developer. Paragraph (b) of this subsection 2 however
further provides that where a developer fails to commence development within two years, the
development permit shall be subject to re-validation by the development control department
which issued the original permit.

Conditions for Revoking a Development Permit

This is the provision of Section 41 of the Nigerian Urban and Regional Planning Law, 1992 and
it states the conditions for revoking a development permit. These conditions as provided for
under Section 41 are that the development control department shall:
i. Have regard to all matters and conditions specified by the provisions of the 1992
Decree (Law) prior to granting a development permit; and
ii. Take into account matters of over-riding public interest as provided for in section 28
subsection 1 to 4 of the Land Use Act of 1978.

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vii. Nigerian Urban and Regional Planning Decree No 88 of 1992
The Nigerian Urban and Regional Planning Decree No 88 of 1992 (now refer to as the Nigerian
Urban and Regional Planning Law, of 1992 CAP N138 LFN 2004) came into commencement on
15th December, 1992 and repeals the forty-six years old obsolete and moribund Town and
Country Planning Ordinance of 1946. The Decree No 88 of 1992 is the first ever post-
independent planning law. It has been long awaited urban and regional planning legislation in
response to the lingering planning problems.

Objectives
Main objectives
The general objectives of the Nigerian Urban and Regional Planning Law of 1992 is to facilitate
preparation and implementation of development plans and planning schemes with a view to
creating a better environment for living, working and recreation.
In the country, planning and design regulations are a State affair and each state plans if, how, and
where it wishes. However, the urban and regional planning Decree of 1992 now forms the basis
of a national policy that would evolve national planning and development control standards.

Specific objectives
The specific objectives can be inferred from the six parts into which the Nigerian Urban and
Regional Planning Law of 1992 is divided. The objectives are:
1. To identify types and levels of the various physical development plans, identify the
procedures for the preparation of these physical development plans and lastly identify the
administrative bodies that will be responsible for the execution of these various physical
development plans according to the tiers or levels of government in the country.

2. To give more seriousness to the issue of development control more than ever before.
First, by having a multidisciplinary development control department with a wider power
of approving or disapproving development proposals from even government agencies.
Second, by enforcing various development control mechanisms and orders against erring
developers. Third, by giving in-depth considerations to the environmental implications of
major development proposals in order to prevent environmental degradation and decay.

20
 3. To ensure a highly effective control in such other special cases as wasteland, tree
preservation, building of special architectural and historical significance and
advertisement.

4. To spell out in an unmistakable terms, the powers of the Planning Authority with respect
to acquiring land for planning purposes and its resultant payments of compensation and
to further stress, clarify and provide that the exercise of these powers by the Planning
Authority shall be governed by the appropriate sections of the Land Use Act of 1978.

5. To ensure that areas that need improvement of any kind are well attended to by the
Planning Authority working in cooperation with the residents of such areas.

6. To ensure fairness, justice and equity to everybody, the Nigerian Urban and Regional
Planning Law of 1992 provides for the establishment of the Urban and Regional Planning
Tribunal in each state of the Federation and the Federal Capital Territory Abuja.

Main Features of the Nigerian Urban and Regional Planning Law of 1992
Oyesiku (1997) identifies features of the Nigerian Urban and Regional Planning Law of 1992 as
the following:
1. Drastic provisions for overhauling the administrative of urban and regional planning in
the country. This is further expatiated upon by the fact that, for the purposes of
preparation and implementation of the physical development plans, the law provide for
the establishment of a National Urban and Regional Planning Commission at the Federal
level, a State Urban and Regional Planning Board at the State Level and a Local Planning
Authority at the Local Government Level.
2. Provisions for the establishment of multi-disciplinary Development Control Department
by the Commission, the Board and the Authority under their areas of jurisdiction.

3. Provisions that Government Agencies are now to obtain planning approval of the
Development Control Department for their various development proposals.

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 4. Giving prominence to the environment in physical development activities of the urban
and rural areas of the country by requesting for submission of a detailed Environmental
Impact Statement (otherwise known as EIA) along with some categories of development
proposals.

5. Referring all land matters in terms of acquisition of land and their resultant compensation
to the Land Use Act of 1978 to be governed by its relevant provisions thereby creating a
link between the Nigerian Urban and Regional Planning Law of 1992 and the Land Use
Act of 1978.

6. Having provisions that empower the Development Control Department to grant,

guarantee or otherwise facilitate the granting of loans to person, or group of person in the
rehabilitation, renewal and upgrading of the buildings within the improvement areas.

Parts of the Nigerian Urban and Regional Planning Law of 1992

The Nigerian Urban and Regional Planning Law of 1992 is divided into six parts. Each part,
however, has many sections, subsections and even paragraphs that are relevant to that part. The
only exceptions are:
i. The interpretation section which stands on its own and which provides relevant
definitions and meanings to twenty-six urban and regional planning terms. This is
section 91.
ii. The citation section which mainly provides the title, “the Nigerian Urban and
Regional Planning Decree 1992” to the law. This is section 92 and the last section of
the law.
However, the six parts of the Nigerian Urban and Regional Planning Law of 1992 are:
Part I: Plat Preparation and Administration
Part II: Development Control
Part III: Additional Control in Special Cases
Part IV: Acquisition of Land and Compensation
Part V: Improvement Areas: Rehabilitation, Renewal and Upgrading
Part VI: Appeals

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PHYSICAL PLANNING ADMINISTRATION
Administration
Administration literarily means the exertion of power and authority over a group of people,
thereby creating subordinate-superior relationship. However, within the context of governance,
Nwako (1978), defines administration as the careful and material situations and opportunities for
the achievement of specific objectives of a given organization.

Specifically, administration is the carrying out of policies and decisions to fulfill a purpose and
the controlling of the day to day running of an organization.

Planning administration
Planning Administration can be described as the organizational structure of planning institution
responsible for planning activities such as preparation o schemes for the guidance of
development of defined areas, evaluation, implementation and monitoring of various forms of
prepared plans and other planning related projects. It also shows the personnel and hierarchy of
positions.

PLAN PREPARATION AND ADMINISTRATION

The first part (Part I) of the Nigerian Urban and Regional Planning Decree no 88 of 1992 (now
refers to as the Nigerian Urban and Regional Planning Law, 1992 CAP N138 LFN 2004) is
concern on plan preparation and administration plans, levels and functions of administrative
bodies for the execution of physical development activities; and the procedure for the preparation
of physical development plans by the various bodies according to the levels of government in the
country.

The 1992 planning law provides for several physical development plans at the three levels of
government. For the purpose of preparation and implementation of physical development plans,
the law provides for the establishment of the following administrative bodies:
i. National Urban and Regional Planning Commission at the Federal level,
ii. Urban and Regional Planning Board at the State level; and
iii. Local Planning Authority at the Local level.

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Types of Plan and Administrative Bodies in Charge
i. National Urban and Regional Planning Commission at the Federal Level. At this
level, there shall be:
a. National Physical Development Plan
b. Regional Plan
c. Sub-Regional Plan
d. Urban Plan
e. Subject Plan

ii. Urban and Regional Planning Board at the State level. At this level, there shall be:
a. Regional Plan
b. Sub-Regional Plan
c. Urban Plan
d. Local Plan
e. Subject Plan

iii. Local Planning Authority at the local level. At this level, there shall be:
a. Town Plan
b. Rural Area Plan
c. Local Plan
d. Subject Plan

24
Types of Plan and their Administrative Bodies
Level Types of Physical Development Plans
National Regional Sub- Urban Subject Town Local Rural
Administrative Physical Regional
Body Development
National Urban and
Regional Planning
Commission at the * * * * * - - -
Federal Level
Urban and regional
Planning Board at - * * * * - * -
the State level
Local Planning
Authority at the - - - - * * * *
Local Level
Responsibilities or Functions of Levels of Government

Federal Government
The Federal Government shall have responsibility for the following:
1. Formulation of national policies for urban and regional planning and
development.
2. Preparation and implementation of the national physical plan and regional plans
on the recommendation of the Minister.
3. Formulation of urban and regional planning standards for Nigeria on the
recommendation of the Minister.
4. Promotion and fostering of the education and training of town planning and
support staff.
5. Promotion of cooperation and coordination among states and implementation of
urban and regional plans.
6. Promotion and conduct of research in urban and regional planning.

25
 7. Making of recommendation and dissemination of research results for adoption by
user organizations.
8. Supervision and monitoring of the execution of projects in urban and regional
planning.
9. Development control over federal lands.
10. Provision of technical and financial assistance to States in the preparation and
implementation of plans.

State Government
Without prejudice to Section 2 of the law, a State Government shall:
1. Exercise its physical planning responsibilities within the framework of National
Physical Development Plan to ensure consistency in physical development at all
levels of planning in Nigeria.
2. Subject to the provision of section 2 of the law, a state government shall exercise the
following functions, that is the:
a. Formulation of a state policy for urban and regional planning within the
framework of the national policies
b. Preparation and implementation of regional, sub-regional, urban and subject plan
within the state.
c. Promotion and conduct of research in urban and regional planning
d. Dissemination of research results for adoption by user organizations
e. Provision of technical assistance to local government in the preparation and
implementation of local, rural and subject plans.

Local Government
Without prejudice to the provisions of Sections 2 and 3 of the law, a local government shall
have responsibility for the preparation of
a. Town Plan
b. Rural Area Plan
c. Local Plan
d. Subject Plan

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 e. Control of development within its area of jurisdiction other than over Federal or
State lands.

PUBLIC HEALTH
Public health law can be defined as the authority of the government at various jurisdictional
levels to improve the health of the general population within the societal limits and norms. Public
health laws focus on the legal issue in public health practice and on the public health effects of
legal practice.

The public health of a society or community is very important. For instance, there is Nigerian
National Health Act, 2014 and there is a bill already for an act to be established on the Nigerian
Public Health Act. Also the various states in Nigeria have their individual public health laws.

PUBLIC HEALTH LAWS IN RELATION TO BUILDING REGULATIONS IN LAGOS

STATE
In view of protecting the public health of the citizens of Lagos State, the Lagos State
Government enacted the Lagos State Physical Planning and Development Regulations, 2005.
These Regulations are enforced by the Lagos State Ministry of Physical Planning and Urban
Development

Major Provisions of the Lagos State Physical Planning and Development Regulations,
20015 (Building Regulations)
The authority herein makes the following Regulations:

1. Approval to Carry out Development

i. Any person intending to carry out development on any land within the State shall
apply to the Authority for a grant of a Development Permit for such development.

6. Submission of Planning Technical Report

A developer shall at the time of submitting his application for development permit submit
a detailed planning technical report in respect of application for:

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 i. A residential land in excess of ½ hectare or development in excess of 4 floors or 8
family units;
ii. Factory building or expansion of factory building;
iii. Office or other commercial buildings;
iv. Places of worship;
v. Major recreational development covering more than 2000 square metres;
vi. Institutional buildings and public buildings;
vii. Petrol/gas filling and service stations;
viii. Telecommunication towers and stations;
ix. Advertisement billboards of unusual sizes and heights, urban furniture;
x. Any other building as specified in the regulations made pursuant to this Law.

7. Submission of Environmental Impact Analysis Report

1. A developer shall at the time of submitting his application for development permit submit
a detailed Environmental Impact Analysis Report in respect of application for
i. Oil and gas pipelines depots and installations;
ii. Refineries;
iii. Large Scale Industrial Development;
iv. Roads, Rail Lines, Seaports and Airport Development;
v. Large Scale Educational Institutions/Facility such as for Tertiary Institution;
vi. Development/production process which may be injurious to the environment;
vii. Any other development which in the opinion of the ministry and authority,
requires the submission of an Environmental Impact Assessment;
viii. Any other project as may be deemed necessary by the ministry and/or the
authority.

8. Physical Development Audit Report

The Authority may request for a Physical Development Audit Report on any existing
development listed in sections 6 and 7 above whenever such is to be altered.

9. Insurance Policy Requirement

Every applicant who is building any structure other than a bungalow having a trip
foundation shall after a joint site inspection with the Planning Authority be required to
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 submit at the commencement of and throughout the duration of construction works an
Insurance Policy and a Public Liability Policy to cover the risk of bodily harm, loss of
life and damage to property of workmen on site and members of public in the
surrounding.

10. Prohibition of Alteration, Addition, Repair or Renovation of Building Prior Approval

1. No building shall be altered or added to or repaired or renovated in Lagos State without
the prior development permit granted by the authority.
2. Any person intending to alter, add, repair or renovate any building shall before carrying
out such alteration, addition, repair or renovation work submit to the Authority an
application form as a form B of Schedule 3 of this Regulation.

11. Prohibition of Fencing Work Without Development Permit

1. No fencing work shall be allowed on any land in Lagos State without the prior written
permit of the authority.
2. Any person who intends to carry out any fencing work shall submit the following
documents to the authority
a. Written application
b. Survey site plan in respect of the land to be fenced;
c. Evidence of ownership in respect of the land
d. Any other document(s) as may be required by the authority; and
e. Payment of prescribed fee as stated from time to time.
3. Fence line shall be recessed by a minimum of 900mm from the front property boundary
for purposes of landscaping/beautification in other areas outside Government Residential
Area.

13. Grant of Development Permit Confirming Ownership

The grant of development permit by the authority under this Regulation shall not be
construed to confer, confirm or guarantee ownership of the subject land.

14. Permissible Development

The following shall be developments permissible under this Regulation in all the various
land use zones as specified under Schedule 4 to this Regulation.

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A. Permissible Uses
1. Residential Zone
Residential developments are permitted generally within residential zones alone except in
other land use zones where complementary residential use not more than 20% of the
gross floor area of the designated land use and not more than 7.8 metres in height may be
permitted.
2. Commercial Zone
Commercial developments shall be permissible generally in commercial zones except
a. ……………
b. ……………
c. In industrial zones where complementary office/commercial use building not
exceeding 30% of the gross industrial floor space and maximum of four (4) floors of
13.8 metres in height may be permitted.
3. Industrial Zone
Industrial developments shall be permitted generally in industrial zones except in other
land use zones where non-offensive or noisy service workshops not exceeding 650m2
gross floor area and six (6) metres double volume height may be permitted in locations
considered on merit and subject to other relevant provisions of this Regulations.
4. Agricultural Zone
a. Agricultural related uses shall be permitted generally in agricultural zones except in
other land use zones where subsistence farming on vacant lands may be permitted
provided that animal husbandry such as piggery/poultry and sheep/goats rearing shall
not be practiced.
b. No development shall be allowed in agricultural zones except where the development
is complementary to activities related to agricultural, farming, animal husbandry and
other conditions that may be spelt out in Lagos State Agricultural Land Holding Law
and in the approved Land Use Plan, or the State Regional Plan.
5. Recreational Zone
No development shall be allowed in designated recreational land except where such
development is of complementary use and shall not exceed 10 percent (10%) of the major
use.

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B. Mixed Uses
Mixed development for residential/commercial and other approved uses may be allowed after
being considered on its own merit, and provided that maximum coverage does not exceed sixty
(60) percent and the development ratio of the designated land use to the non-designated land use
shall be seventy (70) to thirty (30) percent.

C. Mixed Development for Residential/Industrial may be allowed after being

considered on its own ment

D. Special applications
All special applications shall require a written application for planning information to the
Authority (see schedule 3) and Planning Information shall be required for all applications for
Change of Use and Approval-in-Principle.

E. Other Zones
Developments within other zones not stated above including conservations, forestry, etc shall be
strictly in accordance with the Approved State Regional Land Use Plan and shall relate to an
approved scheme/layout or planning order.
15. Permissible Setbacks
1. For any development permit to be obtained, the architectural drawings shall conform
to the following setbacks:
a. The distance between any residential building and the property boundary
(beacons) at the frontline shall not be less than six (6) metres with three (3) metres
at the rear, right and left side airspaces respectively in all Government
Reservation Area (GRA) and all private approved layouts except:
Residential buildings on Victoria Island, Ikoyi, Ikeja GRA, Lekki Peninsula
Schemes I and II shall have a minimum of nine (9) metres setback from the front
property boundary.

2. For all core areas of Lagos State, including Lagos Island, the following shall apply;
a. i. Three (3) metres front setback to the property line and three (3) metres
rear setback.

31
 ii. Three (3) metres front setback from the property line and 1.5 metres for the rear,
right and left airspaces for plots measuring less than 150m2.
iii. No building shall have cantilever on any side having 1.5 metres airspaces.
iv. Where parting wall shall be introduced on one side of the development, the other
airspace shall not be less than three (3) months.
b. Residential buildings on Lagos Island and Lagos Mainland and all other core
areas in Lagos State shall observe a minimum of three (3) metres setback. The
airspaces shall be three (3) metres on one side and 1.5 metres on the other side
with the provision that cantilever shall not be allowed on the side with 1.5 metres
airspace.
c. Buildings in other areas in Lagos State shall observe a minimum of Six (6) metres
in the front and three (3) metres on the sides and rear. However, buildings over
three (3) floors shall observe a minimum of 4.5 metres at the rear, unless
otherwise stated in this Regulation.

3. Commercial or industrial buildings shall have a minimum of nine (9) metres setback
while the sides and the rear airspaces shall have a minimum of six (6) metres.

4. Setbacks and airspaces for mixed-use development shall be the average of the
requirements for the component mix.

5. Applications for change of use where the requirements for the proposed change are
not met, shall be considered on its merit.

16. Setback to Public Utilities

Setback of buildings to public utilities shall be as follows:
1. Highways and Road
a. Primary (Federal or State) Highway (90m Right of Way) – 45 metres from the centre;
b. Secondary (Federal or State) Highway (60m Right of Way) – 30 metres from the
centre
c. Local Roads (State) (24m, 18m, 15m, 12m) – 12m, 9m, 7.5m, 6m.
d. Access Road/Street – 9 metres, 6 metres from the edge.

32
2. Setback to Rail Line
The minimum setback between a building and rail line shall not be less than twenty-one
(21) metres from the edge of the nearest rail line to the building.

3. Setback to NEPA (PHCN) H.T.L.

The minimum horizontal distance between a building and the centre line of NEPA
(PHCN) overhead wire shall not be less than the following:
a. 11KV ________________ 6 metres
b. 33KV ________________ 9 metres
c. 132KV ________________ 15 metres
d. 330 KV ________________ 22.5 metres
e. Substation ________________ 12 metres

4. Setback to Gas and Oil Pipelines

The minimum horizontal distance between a building and NNPC oil pipeline shall not be
less than 15 metres from the predetermined edge of the alignment.
5. Setback to Water Bodies and Gorges
The setback to water bodies shall be as follows:
a. Ocean and Sea: The minimum distance between any building and the ocean/sea
shoreline shall not be less than one hundred and fifty (150) metres.
b. Lagoon: The distance between any building and the mean high water level of the
lagoon shore-line shall not be less than fifty (50) metres; or as may be specified from
time to time. However in special cases and under certain conditions, building may be
allowed close to the edge of an on the lagoon.
c. River and Creek: The distance between any building and any river or creek shall not
be less than fifteen (15) metres.
d. Gorge/Canal/Drainage: The distance between any building and a
gorge/canal/drainage shall not be less than ten (10) metres, or as may be specified by
the relevant statutory body.
6. Without prejudice to section 15(1) to (5) above, the minimum distance of a building to
any public utility may be subject to amendment from time to time as may be directed by
the appropriate statutory body.

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17. Building Coverage
1. Residential
a. The maximum building coverage permissible under Schedule 7 of these Regulations
shall be fifty (50) percent on Victoria Island, Ikoyi, the GRAs in Apapa, Ikeja,
Victoria Island, Annex, Ogudu, Omole, Magodo Schemes, Lekki Peninsula and other
Government Residential Schemes.
b. In other areas, building coverage shall not exceed sixty (60) percent except where
otherwise stated in this Regulation.
2. Commercial
The maximum coverage permissible on a commercial plot shall not be more than seventy
(70) percent on the entire plot.
3. Industrial
The maximum coverage permissible on an industrial plot shall not be more than sixty
(60) percent except where specially provided for in a scheme, planning order, or the Land
Use Plan.

4. Place of Worship/Assembly/Auditorium/Conference Centre

The maximum coverage permissible on a plot for a place of worship, assembly or
auditorium is fifty (50) percent of the entire plot.

5. Other Uses
a. Maximum coverage for all other types of proposals shall not exceed sixty (60)
percent except where specially provided for in a scheme, planning order, or the
Land Use Plan.
b. The provisions in Schedule 5 to this Regulation shall also apply.

18. Provision of Landscaping

1. A minimum of twenty (20) percent of any plot on plot Victoria Island, Ikoyi and all other
Government residential schemes shall be reserved for landscaping.
2. For all other residential, commercial, industrial, institutional and other uses a minimum
of ten (10) percent of the plot shall be reserved for landscaping.

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19. Permissible Dwelling Unit
The following shall be number of family/dwelling unit permissible per hectare:
1. Residential Density on Vitoria Island/Ikoyi
In Ikoyi, Victoria Island and Victoria Island Annex, a maximum of ten (10) units per
hectare is generally permitted, with boys’ quarters of maximum of two (2) bedrooms per
unit except in designated areas where high-rise and multiple units development may be
permissible and as specified by schedule to this Regulation.

2. Apapa and Ikeja Government Residential Areas

a. In Apapa GRA, maximum of thirty (30) units per hectare is permitted with boys
quarters of maximum of one (1) bedroom per unit except in designated areas where
high-rise and multiple units development may be permissible and as specified by
Schedule to this Regulation.

3. Other Government Residential/Medium Density Areas

a. In other government residential/medium density areas, maximum of seventy-eight
(78) units per hectare is permitted. No boys quarters are allowed.
b. The height provision in Government residential areas may include a pent house or
tank room of not more than thirty (30) percent of the floor area of the immediate
preceding floor.
4. High Density Residential Zone
a. In all High Density Residential areas, the maximum number of dwelling/family units
permissible is two hundred and seventy (270) units per hectare.
b. Tenement Housing
i. Maximum of four (4) floors shall be permissible provided that four car parking
spaces per floor are provided. The ground floor shall be reserved solely for car
parking except as otherwise provided in this Regulation.
ii. The first two upper floors shall not be more than eight (8) rooms per floor and
serviced with minimum of two (2) each of toilets, bathrooms, and kitchens.
iii. The last floor shall not be more than two (2) family units/flats.
iv. The development proposed must satisfy other planning Regulations including
parking, building line, airspaces, site coverage, etc.

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20. Industrial and Commercial Density
1. For every industrial proposal, the commercial or other uses complementing the
industrial activity shall not exceed thirty (30) percent of the net industrial space.
2. For every commercial proposal, the industrial or other uses complementing the
commercial activity shall not exceed thirty (30) percent of the net commercial space.
3. The provision of Schedule 4 shall apply to this Regulation.

22. Parking Requirements

1. Residential
a. Parking provisions shall be calculated at two (2) car parking spaces per dwelling unit
is all residential areas including houses, flats and duplex buildings.
b. Parking provisions shall be allowed within the air spaces and front setbacks but shall
not obstruct the free movement of vehicles and persons in those areas.
2. Industrial/Commercial
a. Parking provisions for industrial building shall not be one (1) car parking space for
every ninety (90) square metres of the lettable floor areas.
b. There shall be a separate car park designated for visitors in every industrial
development.
c. Loading and off-loading bays shall be provided for every factory.
d. A truck/trailer park capable of accommodating at least ten (10) trailers/trucks at a
time shall be provided for every factory/industrial development.
e. Parking provision for a commercial building shall be one car park for every sixty (60)
square metres of the lettable floor area.

3. Other Commercial Uses

a. In the case of Hotel and guest houses
i. Two (2) car parking spaces for every three (3) hotel/guest rooms in
residential zones A and B.
ii. One (1) car parking space for every three (3) hotel/guest rooms in other
residential zones and other land use zones.

36
 iii. Restaurant and conference room attachments are calculated separately as
in subsection 3(b) and subsection (4) of this section.
b. One (1) car parking space for every ten (10)m2 of eating area in the case of
restaurant, eatery and fast food outlets.
c. One (1) care parking space for every three (3) bed spaces in the case of hospitals
and private clinics.
4. Place of worship/place of assembly/auditorium/conference centre shall provide one
parking space for every ten (10)m2 of floor space.
5. Car Park Standard
A car parking space shall not be less than 2.5 metres x 5 metres in size. Parking
requirement shall be as stated in Table 1 of Schedule 6 to this Regulation
6. Covered car Parking Spaces
Covered car parking space within a proposed building shall be excluded from the
calculation of the floor area ratio stated in Schedule 6 to this Regulation except where
the building is used entirely for care parking.
7. Other Uses
Parking provisions shall be allowed within the airspaces and front setbacks, but shall
not obstruct the free movement of vehicles and persons in those areas.

23. Height
1. The height of buildings in the state shall be as stated in the provisions of this
Regulation and as may be amended from time to time by the Authority.
2. The height of buildings on Victoria Island, Apapa, Ikoyi, and Ikeja GRA where not
stated in Schedule 6 to this Regulation shall be in conformity with the provision of
the approval order as may be amended from time to time by the Authority.
3. All development planning reports shall contain recommendations to the Authority on
height restriction for development plan.
4. Where scheme(s) is not available, the maximum floor area permissible shall be
determined taking into account the further character of the buildings in the area, the
location of the site, the capacity of infrastructural systems in the area and the
applicable density

37
26. Conformity of Proposed Development
1. All proposed development(s) show on the set of drawings shall conform to the
Operative Development Plan for Lagos State, or appropriate layout plan/scheme
covering the area of the proposal.
2. Every development proposed shall conform in all respects with Land Use Plan for the
area or any other land use framework approved for the area.
3. In a schemed area, all development proposals in that area shall conform strictly with
the provision of Schedule 4 to this Regulation.

27. Conversion of Open Spaces

No approval shall be granted for change of use of a public open space, sites for utilities and
service plots.

2.8 Development Permit

1. All development permits shall be published in the State Government Official Gazette.
2. Any development permit granted under this Regulation shall bear the approved number,
the seal and stamps of the Authority.
3. The intending developer shall comply with the condition specified on the approval
stamps
4. The intending developer shall keep at all times a copy of the approved building
development plan at the site of construction and shall produce it on demand by a duly
authorized official of the Authority.

29. Notice to Commence Construction

Any owner/developer shall give seven (7) days’ notice in writing to the Authority of his intention
to commence construction

30. Signboard
A signboard shall be erected at every construction site showing the
1. Building Development Permit Number
2. Title of Project
3. Name and Address of the Owner

38
 4. Name and Address of the Consultant/Agent.
33. Voiding of Approved Development Permit
(1) The development permit granted to a building shall become null and void if the proposed
development or part thereof
i. blocks or obstructs any existing or proposed access meant to serve any other existing or
proposed development in the area;
ii. has inadequate setback as stated in Sections 15 and 16 of this Regulation;
iii. is erected on an open apace or part thereof or any other land not zoned for the use to
which the land is being put;
iv. falls wholly or partly on a school site or on any land designated for any public use,
v. block or obstruct existing or proposed drainage channel or part thereof;
vi. falls under any low or high tension PHCN wire;
vii. has been overtaken by overriding public interest;
viii. Contravenes any of the provisions of the Land Use Act 1978 or the Lagos State Land
Policy.
(2) A development permit will be null and void if found to have been obtained as a result of
false pretenses fraudulent practices improper documentation or through false
documentation.
(3) A development permit granted as a result of a fact hitherto unknown at the time of grant
of the permit becomes null and void if knowledge of such facts before the grant of the
permit would have resulted in the disapproval of the application.

34. Notice of Withdrawal

A notice of withdrawal of a development permit shall be communicated in writing to the
owner/developer as provided in Schedule 8 of this Regulation.

35. Space Standard

1. All habitable rooms shall as much as practicable have cross ventilation and shall not
be less than 3 metres by 36 metres (108m2)
2. Every room in a building shall be provided with the following:
a. Natural lighting by means of windows doors or other recognized transmitting
media

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 b. Natural ventilation by means of windows doors or any other recognized
ventilation openings.
3. In every public institution and commercial building, adequate toilet facilities shall be
provided.
4. Toilet facilities for male and female shall be separated into different compartments.
5. Where only one (1) toilet and one (1) bath provision exists in a dwelling unit each
facility shall be in a separate compartment.
6. Minimum floor area for toilet arid bath facilities shall not be less than 3.0m2 if
combined, and 3.6m2 if separated.
7. The minimum floor area provision for kitchen facility shall not be less than 1.8
metres x 3 metres (5.4m2).
8. Every room in a building meant solely for storage of articles shall not be less than 1.8
metres x 2 metres (3.6m2).
9. The minimum height of living rooms kitchen and all other rooms in a building shall
not be less than 2.7 metres provided that beams, trusses and similar supporting
structures extending below the level of ceiling shall not be such as to reduce the
height below 2.4 metres at any point.
10. The height of rooms meant for storage of article in a residential building shall not be
less than 2.1 metres.
11. In all developments, adequate emergency exits shall be provided.
12. A minimum of two staircases shall be provided for any proposal more than one unit
above the ground floor and the width of each of the staircases shall not be less than
900mm.
13. The risers of all stairs shall be uniform and the sum of the goings twice the risers
must not be less than 375mm and not more than 700mm.
14. The maximum height of a fence abutting any road shall be 2.4 metres made up of
block wall 1.5 metres high topped with iron grill 900mm high.

36. Requirements for High Rise and other Type of Buildings

1. In all high rise buildings and public buildings every element therein shall conform
with the Fire Safely Regulations as specified in Schedule 13 of this Regulation.

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 2. The minimum width of escape doors in a high rise building shall be as follows:
a. 1 to 5 floors ………………………0.9 metres
b. 6 to 8 floors…………………..…. 1.20 metres
c. above 8 floors…………………... 1.50 metres
3. There shall be a minimum of one (1) escape staircase in all buildings above 5 floors,
and shall be provided with at least a lift or elevator.
4. Underground water storage of not less than twenty thousand litres shall be provided
in structures, above five (5) floors.
5. Every high-rise building shall have fire prevention, detection and alarm devices
acceptable to the Lagos State Fire Service.
6. A high-rise or public building shall be certified by a registered Engineer in respect of
its mechanical and electrical plans, before a Certificate of Completion and Fitness for
Habitation is issued.
7. A high-rise or public building shall be subjected to a mandatory test by the PHCN for
all electrical installations before a Certificate of Fitness for Habitation can be issued.
8. Any application for building development permit for any building above four (4)
floors shall be provided with a lift or elevator whose design, installation, testing,
inspection and operation shall be in accordance with approved standards.
9. Any building or structure of over five (5) floors or above twelve (12) metres in height
shall be subject to the provisions of Schedule 5 to this Regulation.
10. The grant of building development permit to all other buildings with respect to
protection from fire hazard shall be in accordance with the provisions of Schedule 9
to this Regulation.
11. Every public building shall provide adequate toilet facilities for use of the public and
in the case of commercial buildings there shall be designated toilets for customers.

37. Certificate of Fitness for Habitation

1. Every developer or owner shall obtain and complete an application form for a Certificate
of Completion and Fitness for Habitation as provided under Schedule 10 to this
Regulation.

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 2. Every developer or owner shall obtain from the Authority a Certificate of Completion
and Fitness for Habitation, as specified in Schedule 10 on completion of any building
approved under this-Regulation, before such building is occupied.
3. The said Certificate shall be signed by a duly authorized officer of the Authority.
4. Every building in Lagos State with the exception of residential bungalow shall be
supervised by the relevant professionals registered to practice in Nigeria. ‘

38. Stage Certification

1. On the completion of each stage of building construction, the developer or owner shall
obtain a stage certificate of satisfactory execution from the appropriate professional
registered to practice in Nigeria.
2. The Certificate shall be filed with the Authority and must be produced at site on demand.

39. Certificate of Worthiness

1. Before occupation of high-rise building, an electrical/mechanical Engineer registered to
practice in Nigeria shall issue a Certificate of Worthiness for Electrical and Mechanical
elements.
2. The Certificate shall be filed with the Authority.

40. Power to Issue and Serve Notices

i. The Ministry and for Authority shall have power to issue and serve any of the following
Notices as provided in Schedule 12 (a) - (e) of this Regulation.
a. Stop Work Order Notice
b. Contravention Notice
c. Demolition Notice
d. Quit Notice
e. Seal up Notice
ii. Without prejudice to Sub-section (1) of this Section, the Authority may mark in Red paint
the inscription “X” on any illegal development and thereafter demolish same.

41. Service of Stop Work Order Notice

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 1. The Ministry and/or the Authority shall have power to issue and serve a Stop Work
Order Notice demanding that a developer or owner should stop further development
on the land.
2. The reason(s) for the issuance and service of such Stop Work Order Notice shall be
stated therein.
3. A Stop Work Order Notice shall take immediate effect upon service on a developer or
owner.
4. Any developer or owner served with a Stop Work Order Notice shall stop forthwith
any development on the land.
5. The Ministry and/or the Authority shall record the stage of development found on site
at the time of service of Stop Work Order Notice.
46. Power to Seal
The Ministry and/or the Authority shall have power to seal any illegal or defective building after
the service of all relevant notices

49. Service of Demolition Notice

1. The Authority shall have power to serve on a developer a Demolition Notice if a
construction erected by the developer is found to be illegal or defective as to pose
danger or constitute a nuisance to the occupier and/or the public.
2. Notices served pursuant to subsection (1) of this Section shall contain a date not
later than seven (7) days after which the Authority shall take steps to commence
demolition action on the affected structure.

50 Power to Demolish Buildings

After the expiration of the time specified under Section 48 of this Regulation, the Authority shall
take such necessary action to effect demolition of the structure.

51. Cost of Demolition to be recovered from the Contractor

1. A developer or owner shall reimburse the authority for all expenses reasonably incurred
in exercise of its power under section 50 of this Regulation.

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 2. A demand notice shall be served on contravene or for the reimbursement of the cost of
demolition incurred by the Authority.
3. A developer or owner who fails to respond to the notice served in subsection (2) of this
Section within 14 days of the notice shall have such structure sealed up.

52. Power to Enter Premises

1. The Authority shall have power to enter any premises for the purpose of ascertaining
compliance with the building development permit granted under this Regulation.
2. If the development on site is at variance with the development permit granted, the
Authority shall have power to:
a. Compel the owner/occupier to carry out alteration as may be necessary to ensure
compliance, or
b. Withdraw the development permit granted.

53. Demolition Permit

Any developer/owner who intends to demolish any existing structure shall apply in writing to the
Authority for the issuance of a Demolition.

73. Validity Period of a Development Permit

Where the holder for the time being of a development permit fails to commence the development
within three (3) years of such permit, the development permit shall be subject to revalidation by
the Authority upon payment of 25% of prevailing assessment fee.

74. Re-Stamping
A developer/owner of an existing building may apply to the Authority for re-stamping of his or
her approved building plan subject to the payment of 10% of the prevailing assessment fee.

75. Re-Submission
1. A developer/owner shall submit a complete set of drawings for approval where the
Approved Building Plan/Development Permit cannot be traced subject to the payment
of 25% of the prevailing assessment fee.
2. In case of a missing file, the applicant shall re-submit necessary documents at no
additional cost.

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DEFINITION OF TERMS
1. Planning Administration
Planning Administration can be described as the organizational structure of planning
institution responsible for planning activities such as preparation of schemes for the
guidance of development of defined areas, evaluation, implementation and monitoring of
various forms of prepared plans and other planning related projects. It also shows the
personnel and hierarchy of positions.

2. Betterment
According to Williams (1981:95), betterment is any increase in the value of land
(including buildings thereon) arising from central or local government action, whether
positive e.g. by the extension of public works or improvements or negative e.g. by the
imposition of restrictions on the other land.

In other words, should the public body or the Planning Authority, by its action, improve
the value of another person proprietary rights, such public body or the Planning Authority
is sometimes authorized to collect for itself some, if not all, of the increase in value-
which is termed ‘betterment’.

3. Compensation
Within the 1946 Ordinance and the Nigerian Urban and Regional Planning Law, 1992
compensation for planning restrictions is intended to uphold the general common law that
property compulsory acquired or taken away from anyone “injuriously affected” by any
planning scheme subject to a few exceptions shall not be without full compensation.

In others words, whenever, any interest in the land is acquired by a public body or a
Planning Authority, compensation must be paid not only for property taken but also for
any injurious affection to other nearby-land held by the same owner. It must also be paid
for any injurious affection to any other land the rights which are interfered with by the
construction of any works even though no land has been taken from the owner.

However, compensation could be avoided for provisions which prohibited or restricted

building operations because they would be injurious to health or would require excessive

45
 expenditure of public money on roads, sewers, water supply or other public services.
Also, the principle is already established that development which is contrary to the public
interest may be prohibited without payment of compensation even though the prohibition
may involve substantial loss to private owners.

4. Land Use Act, 1978

The Act vests all land in each state of the Federation in the Governor of that State, who
shall hold such land in trust and administer the land for the use and common benefits of
all Nigerians. For control and management of land, the Act provides that all land in urban
areas and other land (non-urban lands-rural lands) shall be under the Governor of each
State and Local Government respectively within the area of jurisdiction of which the land
is situated.

The Governor is empowered to grant statutory rights of occupancy (i.e certificate of

occupancy C of O) to any person (not under the age of twenty-one years) in respect of
land, whether or not in urban area, for all purposes, while the Local Government is to
grant customary rights of occupancy for the use of land not in an urban agricultural,
residential and other purposes for a definite term.

It be noted that the intention of the Act is that “It is in the public interest that the rights of
all Nigerians to the land of Nigeria be asserted and preserved by law … the rights of all
Nigerians to use and enjoy land in Nigeria and the natural fruits thereof in sufficient
quantity to enable them provide for the sustenance of themselves and their families
should be assured protected and preserved”. (Land Use Act, 1978 Preamble).

5. Planning standards
Planning standards are referred to as planning Regulations codes or bye-law. Planning
standards are of two types: building and layout (land subdivision) standards. The
preparation of building and layout (land sub-division) plans is based on approved
planning standards, that is, planning standards are employed in the preparation of
building and layout plans which are used to control development. Approved planning
standards are therefore the ultimate tools for development control.

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6. Public Participation
Public participation are sometimes being refer to as community participation or citizens’
participation. Public participation means the act of allowing individual citizen and group
of citizens within a community to take part in the formulation and implementation of
policies and proposals in issues which affect the whole community.

In other words, public participation involves making inputs to any issue by interested
members of the public before a decision that is binding on the community is taken. The
idea is to plan with the people and not just to plan for them. It is a general belief that any
plan that is not made with the people may not work.

There are two schools of thought on the issue of public participation. One school believe
that the so called public participation in planning is an ruse and that in any case, all the
views of the people in a community cannot be incorporated in a plan, therefore a sort of
compromise would have to be reached for any decision.

However, the second school of thought strongly believes that the public participatory
approach to planning has more to commend it than its critics will want us to believe.

Above all, it should be stressed that public participation should not be seen as a mere
formality but rather as an important element in the planning process. This is because in
the first place, agitation for public participation in planning started as a result of the
failure of the past plans to gain public approval during the implementation stage.

7. Development Permit
Development permit means a permission to develop any land or buildings granted by
Board empowered to give such permission under a law.

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REFERENCES
Agbola, T. (2011) “Planning and Practitioners in Nigeria: Reflections on Global Best Practices”
Paper Presented at the 24th Town Planners Registration Council of Nigeria (TOPREC)
Induction Ceremony Held at Nicon Luxury Hotel, Abuja on 8th July, 2011.

Adeyeye, L.A. (2010). Understanding Development Control and Settlement of Disputes. Ile-Ife:
Timade Ventures

Adinnu, I.F. (2005). Physical Planning in History. Bida: Jube-Evans Books and Publications.

Akintola, B.L (2011). A Compendium of Town Planning and Physical Development Terms.
Osogbo: Brightness Research Consult.

C.S. Ola (1968). Town and Country Planning and Environmental Law in Nigeria.

Lagos State Government (2010): A Publication for the Official Commissioning of the
Headquarters of Lagos State Physical Planning Development Authority (LASPPDA).

Nigerian Institute of Town Planners (2014). The State of Urban and Regional Planning on
Nigeria. Ibadan: Artsmostfare Prints.

Obateru, O.I. (2004). The Structure of Physical Planning Administration. Ibadan: Penthouse
Publications (Nig.).

Obateru O.I. (2005). Basic Elements of Physical Planning. Ibadan: Penthouse Publications (Nig.)

Obateru O.I. (2010) History of Town Planning. Ibadan: Penthouse Publications (Nig.)

Olaseni M. and Alade W. (2013): Physical Planning in Nigeria: Past, Present and Future” In
Fadare, S., Nwokoro, J., Lawanson T. and Onifade, V. (eds) Emerging Issues in Urban
Planning and Development.

Olatubara O.I (2010). Development Control and Planning Standards in Agbola, T. (ed): Ibadan.
Macmillan Nigeria Publishers Limited.

Oyesiku, K. (1997). Modern Urban and Regional Planning Law and Administration in Nigeria.
Ibadan: Kraft Books Limited.

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