IMPORTANT NOTICE

Inflation, Improper allocation of land, high cost of building materials,  interplays of demand and supply in property market and deliberate creation of high premium neighbourhoods in development of estates for a specific class of people  are mostly responsible for shortage of availability of houses for all in the society. It is not gainsaying that Government has been making considerable efforts at all times to ensure that affordable houses for masses are ready for people within a definite projected time. In order to mitigate the hardship of shortage of houses, various State Governments, even Federal Government allowed private developers willing to venture into the business of estate development to do so upon satisfaction of necessary procedures and conditions.

As a result of Government multi-various project and activities which require so much fund, it has not been able to adequately develop state land, thus, resort is being made to the use of interested private developers to develop government estate. Development of Government estate is the physical improvement of any land to be laid out in the nature of road development services, water pipes, electricity, drainage, building, structure or such improvement that may enhance the value of the land for industrial, agricultural, recreational or residential purpose while a private developer is a person or body of persons, corporate or incorporate and it includes any applicant who undertakes a physical development of land or scheme for residential, commercial, industrial or recreational purposes and it includes a contractors, financing developer.

In respect of Lagos State, the combined effect of sections 2 to 19 of LSLN NO. 15 of 1990 provide for requirements and conditions governing development of estates by private developers as explained herein. Where any person is seeking to be a private developer for development of Government estate, such person should apply to the Ministry of Environment and physical Planning for permission. The person applying is required to pay a prescribed fee while the application is being accompanied by tax clearance certificate of the directors or proprietor of such company and evidence of remittance to the Government of PAYE deductions from staff salaries; evidence of payment of tenement rates on applicants other properties, and where an applicant is not liable to pay tenement rate on any of the properties, an affidavit to the effect; and the layout processing/approval fees.  Such applicant developer further requires to submit at least four copies of the preliminary planning report of the scheme prepared by a professional town planner which must contain, name and address of the applicant; the registered business address of the town planners or consortium of professionals as may be applicable to prepare the scheme and other technical details; hectarage of the land required; locations requested for in order of preference; type of scheme proposed; general concept of the scheme; anticipated period of execution; evidence to show how the scheme is to be financed; and proposed programme implementation.

Where the application is approved, a piece of land shall be recommended for allocation to the developer, and once this is done, such developer is required to submit a final planning report with a specified time of which include the, existing physical/socio-economic conditions of the area; impact of the scheme on adjoining area; layout planning concept of the scheme; land use analysis of the scheme; road network provided for in the scheme; and the number of plots in the scheme showing the various land uses such as residential, commercial, institutional and public use, place of worship, recreational, and light industrial. This final report shall also contain a list of plots numbered serially with the exception of public open spaces and service plots; dimensions of all plots and streets in metric scale; categorization of plots into low, medium and high density respectively; and permissible number of dwelling units per plot.

Once Town Planning Provisional Approval had been obtained, the developer shall be requested to proceed to sandfill the entire layout where necessary; demarcate the plots in the layout; submit detail design of the roads and all infrastructures to the New Towns Development Authority or any other designated agent of the Government for approval; construct the roads and provide the infrastructures as approved; and provide sign-post on all services within the layout.

Upon compliance with the above conditions, Ministry of Environment and physical planning shall give final approval of the scheme. The estate developed by the private developer or any land within with acquisition or revocation of certificate of occupancy shall be treated as Government estate. However, upon allocation of the land to the private developer, he shall be issued with certificate of occupancy in addition with an agreement between the private developer and the Government. The said certificate of occupancy vests interest in the land in the private developer for a term of 99 years.

W.A. AMINU, ESQ. (O8055113580) 
W.AMINU AND COMPANY.