Every year, buildings in Lagos are marked for demolition because they stand on a road reserve, drainage channel, power line corridor or shoreline setback. Owners can lose their entire investment. Most of these losses can be avoided with the right checks before you buy or build.
What is a right of way or setback?
A right of way is land reserved by government for public use, such as roads, rail lines, power lines and pipelines. A setback is the minimum distance a building must keep from features like roads, drainage channels, canals, lagoons and the coastline. Building inside these areas is not permitted, even if the land was sold to you with documents.
Checks to make before you buy
- Chart the survey plan at the Office of the Surveyor-General. Charting shows whether the land is affected by a road, drainage channel, government acquisition or other reserve.
- Check the area’s planning designation with the Lagos State physical planning authorities, to confirm the land can be used for the type of building you want.
- Look at the site itself. Watch for nearby canals, drainage channels, high-tension power lines, pipelines and marked buildings in the area.
- Ask about planned projects. New roads, rail lines and drainage schemes can affect land that is clear today.
Before you build
- Get a planning permit from the Lagos State physical planning authority before any construction starts.
- Make sure your architect’s drawings respect the required setbacks from roads, drains and boundaries.
- Build only what has been approved. Changes need fresh approval.
- Keep copies of all approvals on site and in a safe place.
If your building has been marked
Do not ignore a contravention notice or demolition mark. Speak to a lawyer and a registered town planner immediately. In some cases the issue can be regularised, but deadlines are short and delay can make matters worse.
Why buyers should care
When you buy an existing building, you inherit its problems. Ask for the building’s planning permit and approved drawings, and check that what was built matches them. A cheaper price is no bargain if the building cannot legally stand.
Need help?
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This guide is general information only and is not legal advice. Every property and transaction is different, so always get independent legal advice before you pay or sign anything.
