When it comes to property development in Lagos, many landowners assume that once they hold essential documents, like a Certificate of Occupancy or a Deed of Assignment, their property is shielded from government demolition. This belief is not just incorrect; it’s dangerous.
In reality, documentation shows ownership, but it doesn’t excuse non-compliance. Below is a breakdown of what the law says.
The Lagos State Government will not demolish your property simply because you lack the following:
- Certificate of Occupancy (C of O)
- Survey Plan
- Governor’s Consent
- Deed of Assignment
- Payment Receipt
These documents are essential for validating ownership and conducting lawful transactions, but their absence, while problematic, is not the legal basis for demolition under Lagos law.
Actions That Will Get Your Property Demolished
1. Building on Committed Land: Section 27(1)(a), Lagos State Urban and Regional Planning and Development Law, 2010:
“No development shall be carried out on land designated as committed without the express approval of the Authority.”
Lands earmarked for roads, drainage channels, government housing schemes, or other public uses are protected, and any construction on them is illegal.
2. Failure to Obtain a Building Permit: Section 30(1) of the same Law:
“No person shall carry out any development within the State without obtaining a development permit from the appropriate planning permit authority.”
Any structure erected without this permit can be marked for removal.
3. Contravention of Approved Building Plans: Section 39(1):
“Where a person contravenes the terms of the development permit, the Authority may issue a stop-work or demolition notice.”
Altering your plan (e.g., adding an extra floor or changing the setback) without approval is punishable.
4. Building on Canals or Drainage Ways: Section 27(1) (b):
“No development shall be carried out on drainage or flood-prone areas without express permission.”
Obstructing natural waterways is not only illegal, but also endangers public safety and attracts swift enforcement.
5. Violating Setback Regulations: Regulation 2.0 of the Lagos State Physical Planning and Building Regulations (2019):
Provides mandatory setback distances from roads, drainage channels, and other landmarks.
Structures without adequate setbacks may be demolished without compensation.
6. Building Under Power Lines: While not a building code violation per se, guidelines from the Nigerian Electricity Regulatory Commission (NERC) and Lagos State Environmental laws prohibit construction under high-tension lines due to safety hazards.
Structures found in these zones are routinely marked and cleared for safety.
Before you invest in land or start building, always consult:
- A Property or Real Estate Lawyer (for due diligence)
- A Registered Town Planner* (to ensure zoning compliance)
- An Architect or Engineer* (for building design and permit approvals)
Having land documents is a legal necessity, but compliance is what saves your property from demolition. Lagos State laws are clear.
