Lagos State Publishes List of Over 170 Illegal Estates
The Lagos State Ministry of Physical Planning and Urban Development has issued a formal public notice identifying more than 170 real estate developments in Ibeju-Lekki, Epe, Eti-Osa, and other areas as non-compliant estates (the "Illegal Estates Notice"). The Illegal Estates have been flagged for operating without required layout approvals, in violation of the Lagos State Urban and Regional Planning and Development Law, 2019 (as amended). Essentially, the Illegal Estates Notice warns that the listed Illegal Estates have no valid layout approval and are not recognized by the Lagos State Government as lawfully-planned estates.
Why you would require competent legal support at this time:
Enforcement operations are ongoing. Real estate developers marketing or developing plots within unapproved Illegal Estates will face sanctions, demolition, and prosecution.
Some real estate developers may have sold land to unsuspecting buyers within the said Illegal Estates using non-statutory documents (e.g., receipts, survey plans) without legal standing.
Buyers of land and property in any of the Illegal Estates face the risk of demolition of structures, loss of investment, ineligibility to obtain a valid title (C of O, Governor’s Consent), and inability to resell or finance the relevant land or property.
Real estate developers and real estate agents face the risk of legal action from residents, land owners, and the Lagos State Government.
Based on the parameters set in the regulations, the list of Illegal Estates is not conclusive. It would therefore be prudent for real estate developers and agents to evaluate their legal standing under the law.
Real estate agents are open to legal risk from marketing or promoting Illegal Estates.
The Lagos State Government is essentially backward-planning Lagos State. This is no mean task. While it is prudent for real estate developers, agents, and other industry practitioners to support the Lagos State Government on the task of re-planning, regulatory overreach and excess remains a possibility. Hence, the need to obtain competent legal advice on each case of regulatory contact or action.
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 bhlegalsupport@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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