Demolition Notices in Lagos
If you have just received a demolition notice in Lagos, one of the most strategic decisions you can take is to get independent legal advice. There are a number of reasons why that is strategic, the most important being that, in a dispute scenario, especially one involving a high-profile and influential counterparty like a sub-national government, perspective and objectivity change everything, including whether or not you get compensation, and how best to go about it.
The facts of each matter will differ, but an independent legal perspective can often change the entire trajectory of your case.
What is a Demolition Notice?
A demolition notice is a formal document issued by the Lagos State Government (often through agencies like LASBCA) to inform a property owner that their structure will be pulled down, usually within a fixed number of days. A demolition notice is usually the last step in a chain of regulatory warnings, and by the time you receive one, the government has often made up its mind.
A number of other notices will typically precede a Demolition Notice. These may include
Contravention Notice: Issued when a building or construction work is found to be in breach of planning laws, whether for lacking approval, exceeding height or density limits, or other violations.
Stop Work Order: This instructs that all ongoing construction must immediately cease until regulatory issues are resolved.
Seal Order: The property is physically sealed off by the government. Entering or unsealing it without permission can attract criminal liability.
Abatement Notice: This typically applies where the building is seen as a danger to health or safety, requiring you to take specific corrective steps within a defined time frame.
Why an Independent Second Legal Opinion Could Be Critical.
A new lawyer is not locked into prior assumptions or approaches or trying to defend a bad decision. New counsel can also reframe your narrative before the regulators or courts and provide objective counsel. Too often, lawyers who helped during land purchase or title perfection are asked to “handle” a demolition issue. In our experience, this is not always strategic.
Final Comments: Compensation & Monetary Damages
A demolition, especially without following the lawful procedure, does not always extinguish all your property rights. An “innocent” home buyer may be entitled to monetary compensation or other forms of redress.
Balogun Harold's insights are shared for general informational purposes only and do not constitute legal advice. For tailored guidance, please contact our Real Estate Lawyers at support@balogunharold.com.
Olu A.
LL.B. (UNILAG), B.L. (Nigeria), LL.M. (UNILAG), LL.M. (Reading, U.K.)
Olu is a Partner in the Firm’s Transactions & Policy Practice. Admitted as a Barrister & Solicitor of the Supreme Court of Nigeria in 2009, he has spent over a decade advising clients on high-value transactions and policy matters at some of Nigeria’s leading law firms.
olu@balogunharold.com
Kunle A.
LL.B. (UNILAG), B.L. (Nigeria), LL.M. (UNILAG), Barrister & Solicitor (Manitoba)
Kunle is a Partner in the Firm’s Transactions & Policy Practice. Admitted as a Barrister & Solicitor of the Supreme Court of Nigeria in 2009, he has spent over a decade advising clients on high-value transactions and policy matters at some of Nigeria’s leading law firms.
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