In Nigeria, the demolition of a building cannot occur without first obtaining a valid demolition permit from the relevant regulatory authority. This requirement is crucial to mitigate the risk associated with unauthorized demolition activities and to ensure compliance with urban planning and environmental standards.

 This article will provide a comprehensive guide on the legal framework and procedural requirements for securing a demolition permit in Lagos.

 A demolition permit is an official document from the Government authorizing the removal of a structure.^[i]

WHY HOUSES ARE DEMOLISHED IN LAGOS

1.  Urban Development and Renewal Projects: As a result of the rapid urbanization in Lagos, there is a continuous need for the government to modernize infrastructure. This often involves the demolition of existing residential areas to make way for the construction of roads, bridges, and public amenities.

2. Land Disputes: Land ownership disputes are common in Lagos, with cases of fraudulent sales and unclear land titles. When authorities resolve these disputes, structures built without proper authorization or on encroached lands are often marked for demolition.

3. Environmental and Safety Concerns:  Buildings constructed without adherence to safety standards, or those in flood-prone or environmentally sensitive areas, may be demolished to prevent disasters and promote public safety.

4. Redevelopment purpose: In cases of urban renewal and development projects, older structures may be demolished to make way for new infrastructure, such as roads, parks, or commercial buildings. Additionally, an individual or company may need to demolish property for the purpose of building a new infrastructure. In such instances, a demolition permit must be secured.

LEGAL FRAMEWORK GOVERNING DEMOLITIONS

1.  Land Use Act of 1978: The Land Use Act centralizes the control and management of land, vesting ownership in the hands of state governors.^[ii] This Act provides the legal basis for the acquisition and, consequently, the demolition of properties for public purposes.^[iii] Additionally, the Constitution^[iv] also provides the foundational basis for compulsory acquisition and adequate compensation.

2. Lagos State Urban and Regional Planning Law: This law governs land use, planning, and development in Lagos. It stipulates that properties built without proper approval or in contravention of urban planning regulations can be subject to demolition.

3. Notices and Compensation: Legally, affected residents should receive adequate notice and, where applicable, compensation from the government. Notices often precede demolitions by several months, allowing occupants to prepare. Compensation is typically offered, especially if the property was legally acquired and developed with necessary approvals.   Section 28 of the Land Use Act 1978 provides that if a right of occupancy is revoked, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of unexhausted improvement. In Goldmark (Nig.) Limited v. Ibafon Co. Limited,^[v] the Supreme Court held that there is no doubt the government has the power and authority to acquire land compulsorily for public use, however, such power is exercisable in accordance with the proper procedure for acquisition, that is, proper notice must be given to the owner of the land and reasonable compensation must be paid.

REASON FOR OBTAINING A DEMOLITION PERMIT

1.  To ensure the building is safely demolished without causing danger to adjacent buildings or those involved in the demolition

2. It ensures that the legal owner is the person proposing its removal

3. To restrict the demolition of buildings with historical significance

PROCEDURE FOR OBTAINING A DEMOLITION PERMIT

1.  A written application to the Lagos State Physical Planning Permit Authority for the issuance of a demolition permit

2. The following documents should accompany the written application:

a) Copy of the existing building plan permit obtained (if any)

b) Certified true copy of the title document with a copy of the survey plan.

c) Photograph of the existing structure to be demolished

d) Sworn affidavit indemnifying the Government of any litigation.

e) If the property is owned by a corporate organisation, they would require a copy of their CAC and passport photograph of at least two members of the organisation.

3. Once you have submitted these documents, a prescribed fee will be paid into the Government account

4. Submit payment receipt to the LASPPPA office, and a demolition permit will be issued.

STEPS AFTER OBTAINING A DEMOLITION PERMIT

1.  Submit your demolition permit and letter of intention to commence demolition to the Lagos State Building Control Agency (LASBCA)

2. Engage a structural engineer to coordinate and supervise the demolition process

3. Ensure that the building to be demolished is completely vacant

4. The developer should ensure they obtain an insurance policy insuring all risk related to the demolition of the structure.^[vi]

TIMELINE

A demolition notice, once issued, is valid only for six (6) months. This means that, demolition permit loses its validity at the expiration of six (6) months, and if demolition has not commenced by that time, there might be a need to start the application process over.

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^[i] Indepth Building, Services, “Before you demolish, learn the procedure for obtaining a demolition permit in Lagos, < https://indepthbuildingservices.com.ng/demolition-permit-procedure.html>, accessed on February 27, 2025.

^[ii] Ibid.

^[iii] NHM, “Everything You need to Know about the Demolition of Houses in Lagos”, < https://indepthbuildingservices.com.ng/demolition-permit-procedure.html>, accessed on February 27, 2025.

^[iv] Section 44, 1999 Constitution

^[v] (2012) 10 NWLR (Pt. 1308) 291

^[vi] Ibid.

Written by Deborah Dada for The Trusted Advisors

Email us: info@cms.trustedadvisorslaw.com

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