THE ENFORCEMENT NOTICES ISSUED FOR CONTRAVENTION OF LAGOS STATE BUILDING LAW AND REGULATIONS

1. Introduction

This edition of the Legal Illumination of Akintunde Esan (known as “The Legal Adviser Online”) is focused on the enforcement notices issued by Lagos State Agencies responsible for the enforcement of Lagos State Building Law and Regulations.

2. Building and Planning Law and Regulations

The Lagos State Urban and Regional Planning and Development Law, Cap U2. Laws of Lagos State, 2015 (LSURPDL) is the primary legislation governing building and regional planning in Lagos State. There are also three primary Regulations regulating building and regional planning in Lagos State which are:

a) The Lagos State Physical Planning Permit Regulations, 2019, (LSPPPR): LSPPPR outlines the requirements for obtaining a building permit in Lagos State.

b) The Lagos State Building Control Regulations, 2019 (LSBCR): LSBCR focuses on ensuring that buildings are constructed safely and in compliance with approved plans.

c) The Lagos State Urban Renewal Regulation, 2019 (LSURR): LSURR focuses on rehabilitating and upgrading of urban areas to improve living condition and ensure sustainable development.

3. Building and Planning Regulatory Agencies

The Lagos State Urban and Regional Planning and Development Law also established three Regulatory Agencies/Authorities which are:

a) Lagos State Urban Renewal Agency  (LSURA): LSURA is established to monitor and identifying areas qualified for upgrading and advising the State Government on redevelopment or renewal programmes.

b) Lagos State Building Control Agency (LASBCA): LASBCA is responsible for enforcing building control regulations, regulating and inspecting all building construction, ensuring that, they comply with building regulations and standards.

c) Lagos State Physical Planning Permit Authority (LASPPPA): LASPPPA is responsible for the processing and issuance of all planning and building permits in Lagos State and the monitoring and ensuring compliance with the provisions of LSPPPR.

4. Enforcement Notices

Under LSURPDL, an Enforcement Notice is a formal notification issued by Lagos State Regulatory Authorities or Agencies referred to above (LASBCA, LASPPPA or LSURA) to property owners, developers, or occupiers who violate building or planning law and regulations.

Pursuant to the provisions of Section 59 of LSURPDL, Building Regulatory Agencies in Lagos State (LASBCA, LASPPPA and LSURA) have the powers to enforce the relevant Building Law or Regulations in Lagos State by issuing and serving on any identified violator of the Law or Regulations any of the following statutory Enforcement Notices:

a) Contravention Notice;

b) Stop Work Order,

c) Quit Notice;

d) Seal Off Order;

e) Demand Notice;

f) Regularisation Notice; 

g) Demolition Notice; and

h) Pre-Construction Notice

i. Contravention Notice

If upon a routine inspection of a property, it is observed that the provision of the Lagos State Urban and Regional Planning and Development Law has been contravened LASBCA would issue Contravention Notice to the developer or owner of the property stating the contraventions such as unauthorized construction, deviations from approved plans, or unsafe building practices.

The Contravention Notice would state as follows:

a) If you disagree with the Notice, you are requested to bring all documents in support of your position including your Planning Permit to the undersigned within 48 hours of the service of this Notice on you.

b) If you do not disagree the contravention, you are hereby ordered to restore the land to its original state by removing the said contravention.

c) Failure to remove the said contravention within.................days from the date of service of the Notice, the said contravention shall be demolished after the service of Demolition Notice on you.

ii. Stop Work Order Notice:

The Regulatory Agencies have the power to issue and serve a Stop Work Order Notice which is often issued alongside Contravention Notice demanding that a developer should stop further development on the land or stop ongoing construction projects on the ground that:

a) The building under construction is not authorised.

b) The development does not have evidence of planning permit from the Lagos State Physical Planning Permit Authority

c) The development is defective or poses danger to the owner/developer/occupier or public or constitutes nuisance to the owner/developer/occupier or public.

The Stop Work Order Notice would request that within 48 hours you produce all relevant documents pertaining to the site and that the failure to comply with will attract appropriate sanctions.

iii. Quit Notice

A Quit Notice may be issued and served on the developer or occupier of any completed and occupied shanty, temporary structure, defective or distressed and unauthorised development by LASBCA. The Quit Notice is usually issued sequel to the following:

a) Inspection of the Property

b) Contravention Notice

c) Stop Work Order Notice

d) Demolition Order Notice

iv. Seal Off Order Notice

LASBCA has the power to seal up abandoned properties or an illegal development after seventy-two (72) hours of the service of a Seal up Notice or any structure identified to be of danger to public safety immediately;

The Seal Off Order Notice usually states that a building shall be sealed off pursuant to the provisions of LSBCR upon the expiration of 48 hours ultimatum given under any of the following Notices:

a) Contravention Notice

b) Stop Work Order

c) Quit Notice

Upon the sealing of the property any unauthorised entry will attract appropriate sanctions as prescribed under LSURPDL.

Note that Abatement Notice may be issued for immediate action to remedy hazards such as unsafe structures, fire risks or environmental violations. This is commonly used by the Lagos State Safety Commission for non-compliance with safety laws.

v. Demand Notice:

This is a request for the submission within 30 days, the General Contractors' All Risk Insurance / Building Insurance Policy of your building. The failure to comply within the stipulated time will attract the penalty as stipulated in the law.

vi. Regularisation Notice

A Regularisation Notice is usually issued further to a Contravention Notice and it will state that you are requested to regularise the contravention within ninety (90) days of the service of the Regularisation Notice.

It would state further that, the failure to regularise the said contravention within NINETY days from the date of service of the Notice, the said contravention shall be demolished after the service of Demolition Notice on you.

vii. Demolition Notice

A Demolition Notice is issued following the failure to comply with the instructions contained in the Contravention Notice, The Demolition Notice will state that if the said contravention in the Notice such as lack of permits or deviations from approved plans or an illegal or non-conforming structures like buildings under powerlines or a defective construction is not removed within the stipulated days from the date of service of the Notice, the said contravention shall be demolished and the cost of such demolition recovered from the owner or developer of the property.

viii. Pre-Construction Notice

The owner or developer of a property is required to notify LASBCA 7 days before commencing construction, submitting documents like architectural drawings and permits. The failure to provide this Notice may result in penalties, including fines or revocation of permits.

5. Process for issuing Enforcement Notices

a) Inspection: The Regulatory Agencies or Authorities inspect the property and identify violations.

b) Notice Issuance: Served via personal delivery, registered mail, or affixed to the property (Section 60).

c) Compliance Period: State the days within which to rectify the breach or appeal the notice.

d) Follow-Up: The relevant Agency may also issue Green Stickers to certify compliance after inspections.

6. Dispute Resolution Mechanism:

An aggrieved developer or owner can challenge an Enforcement Notice by filing an appeal to the Physical Planning and Building Control Agency Appeals Committee or the High Court.

7. Conclusion

As expounded above, the legal implication of the failure to comply with an Enforcement Notice may result in penalties such as fines, sealing of the premises, stopping of construction on site, demolition of structures, or prosecution. Thus, you are advised to:

a) Always verify compliance with approved plans and permits before starting construction.

b) Respond promptly to an Enforcement Notice to avoid penalties.

c) Consult with the relevant Regulatory Agency/Authorities or consult a Property Lawyer for advice on how to resolve the contravention issues.

If you have been served with an Enforcement Notice, you may contact or consult with Akintunde Esan (The Legal Adviser Online) for further legal illumination or legal advice on Enforcement Notices and the available dispute resolution mechanism.

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Email: akintundeesan@gmail.com