LASBCA “Request-for-Documents” Letters: Key Considerations
The Lagos State Building Control Agency (LASBCA) has begun mass-issuing “Request for Documents” notices to property owners in Lagos State. Since the State’s planning-permit amnesty window closed on 31 December 2024, LASBCA has intensified enforcement and commenced sealing properties across Lagos State, including in high brow areas in Ikoyi Victoria Island and Lekki.
What LASBCA Is Demanding
LASBCA is demanding property owners to provide a number of building control documents and evidence of compliance with extant building regulations. Some of the documents requested include:
LASBCA authorisation to commence construction/renovation
Approved drawings & structural details
Certificate of Completion & Fitness for Habitation
Occupier’s Liability Insurance certificate
Legal Considerations For Property Owners
Firstly, it is important to note that under Section 47(e) of the Lagos State Urban & Regional Planning & Development (Amendment) Law 2019, LASBCA has wide powers to enforce building regulations in Lagos, Nigeria. Secondly, failure or even partial non-compliance empowers LASBCA to seal, demolish or levy administrative fines and to prosecute property owners pursuant to the extant building control regulations.
Thirdly, it is important to note that there is no presumption of compliance. Thus, long-standing or occupied properties can be deemed non-compliant if approvals are missing, expired, or misaligned with “as-built” conditions. Fourthly, several provisions of the extant building regulations suggest an intention to impose liability irrespective of knowledge or intention. This suggests that occupiers and property owners may be penalised simply for being in control of a non-compliant structure and may be held responsible for breaches carried out by contractors, former owners, or tenants.
Lastly, there is often limited time to appeal or regularize. Once enforcement begins, an ineffective legal response can be costly given the wide enforcement powers granted to the LASBCA under extant building and urban planning regulations.
Conclusion
Given LASBCA’s broad discretionary and enforcement powers under the Urban and Regional Planning legal framework, it is essential to engage experienced legal counsel early to review any demand notices, evaluate potential risks, and advise on the most effective course of action.
How We Can Help
We offer end-to-end legal support to property owners and residents including with respect to responding to LASBCA enforcement actions and notices. We provide immediate assistance in reviewing and interpreting demand notices, advising on statutory obligations, preparing formal responses to regulatory queries, processing permits and defensive litigation.
Balogun Harold insights are shared for general informational purposes only and does not constitute legal advice. For tailored guidance, please contact our Real Estate Lawyers at bhlegalsupport@balogunharold.com
Olu A.
LL.B. (UNILAG), B.L. (Nigeria), LL.M. (UNILAG), LL.M. (Reading, U.K.)
Olu is a Partner at Balogun Harold.
Kunle A.
LL.B. (UNILAG), B.L. (Nigeria), LL.M. (UNILAG), Barrister & Solicitor (Manitoba)
Kunle is a Partner at Balogun Harold.
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