To ensure strict compliance with building laws, the Lagos State Government recently wielded the big stick on erring developers. The enforcement, which is in tandem with the mega city agenda has, however, generated a debate between professionals and other stakeholders in the industry, OKWY IROEGBU-CHIKEZIE reports.
Lagosians last week woke up to the unusual. Some buildings were sealed off in some choice areas. At the end of a five–hour operation, the state government had touched 34 buildings on Banana Island, Bourdillon and Oni-Ikoyi areas, for offences ranging from lack of building or planning permits and violation of building codes.
The team that carried out the exercise also warned the public on procuring fake permits and approvals.
But this action has generated reactions from critical stakeholders in the industry. While some agreed that the government’s action was in line with what obtains internationally, some are convinced that the government ought to have been more proactive instead of waiting till now.
In justifying the actions, the Commissioner for Physical Planning and Urban Development, Dr. Idris Salako, who led the exercise, said the government would not sit by and allow people violate planning laws to the detriment and well-being of society. According to him, failure to act translates to tacit approval of the activities of the violators who compromised the administration’s commitment to an orderly, organised smart city where things work. He decried the rise in unapproved and illegal developments in upscale areas of the state, stressing that the law would take its course.
Commendations have been coming for the government.
A past president of the Association of Town Planning Consultants of Nigeria (ATOPCON), Moses Ogunleye, praised the action of the government. He maintained that the 2010 and the 2019 laws and regulations on building construction made provisions for the enforcement of the law and regulations of the state on physical planning and contraventions.
He said: “This should have been done long ago. It is surprising that developers on this axis of the city are involved in contraventions. Hitherto, incidents of contraventions were higher in the low-income communities. What the action means is that the state, through the Ministry of Physical Planning and Urban Development, is more active and ready to sanction developers, no matter their socio economic status.”
Ogunleye charged the government to undertake the exercise regularly. According to him, no developer on Banana Island, Boudillon Road, Ikoyi and other areas would claim not to know what the law requires with regard to their real estate investment.
On the implication of the action, Ogunleye said the upscale areas of the state would have more-compliant buildings or development while the estates or communities would be more functional with property values enhanced.
Ogunleye does not foresee any negative impact. To him, in the event of any problem, it will be marginal as most developers would comply within the shortest possible time to save their investments.
Similarly, a principal partner, Kola Akomolede & Company, a firm of estate surveyors & valuers and property consultants, Asiwaju Kola Akomolede, said it was surprising that highly-educated and rich people would build houses worth several millions without obtaining permits.
He said: “To me, it is the highest form of impunity. However, I shouldn’t be surprised because we live in a society where the elite think they can get away with any crime. However, government should not just stop at sealing the houses, the officials who are supposed to monitor and stop illegal construction in such areas should be brought to book, to serve as a deterrent to others.”
However, he argued that he was not unaware of the many obstacles those seeking approvals for their buildings face. He noted that this may be what encouraged some to go the illegal way if they were unable to cross the hurdles on the path to getting approval.
He suggested the need to simplify the process. According to him, in developed countries, planning approval can be done completely online without interaction with any official. Akomolede advised on the need for Lagos to work towards this while other states should follow to avoid the situation in property development.
Akomolede observed that this action of the government could cause many innocent people embarrassment. He said: “Imagine you are a tenant in one of such properties? You can come back from work and cannot enter your house because it has been sealed up by government due to the fact that your landlord did not obtain planning approval before building the house! Soon, prospective tenants will be asking for a copy of building approval before renting a house. One cannot blame the government for the exercise but I hope that all those concerned had been notified and given sufficient notice and time to produce the approval details before any property is sealed up, he added
The President, Nigeria Institute of Building (NIOB), Kunle Awobodu, said the action of the government should be applauded as the untouchable were being touched by the government to comply with physical planning regulations. He regretted that before now, most officials of the Lagos State Planning Permit Authority (LASPPPA) and Lagos State Building Control Agency (LASBCA) found it difficult to penetrate upscale areas to perform their duties.
Awobodu, however, said he hoped that the government would not embark on the exercise as a revenue drive than instituting standards in the built environment sector. He wondered why developers would start building before procuring their permits and approval plans.
However, to the Chairman, Society for Professional Valuation (SPV), Enitan Olusola, the exercise is an indictment of regulators, adding that the real estate sector globally is subject to regulation. He regretted that it was over regulated here.
He said: “Regulation is a very key aspect of development appraisal. It gives credence to the project feasibility and viability. Without real estate regulation, public interest is missing and environmental sustainability endangered. Be that as it may, the issue of the ongoing sealing of already completed or fully occupied properties is a big slap on the face of regulators.
‘’The Lagos State Government has one of the worst approval processes in the world. The regulatory processes are overloaded with rent seeking line officers, shelf time for processes is unnecessarily long.”
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