PROPERTY NEWS

FOLLOWING the change in policy thrust by Lagos State authorities that decentralised the issuance of development permits and halted the requirement for mandatory use of Certificate of Occupancy (C-of-O) document for processing building plan approvals, professionals in the building and environment sector have received the decision with mixed feelings.

Although they commended the government action, which returned the planning process to status quo, they say the decision is merely cosmetic in impact. While the state chapter of the Nigerian Institution of Estate Surveyors and Valuers (NIESV) hailed the decision, members of the Nigerian Institute of Town Planners, (NITP) Lagos chapter, believe the latest decision will achieve little.

Recently, seven professional bodies in the building industry had criticised the state government for what they termed its high handedness in the issuance of building approvals, which has created loopholes, lowered growth of housing stock and made building plan approval process in the state cumbersome and deficient. They had recommended an overhaul of the process.

"We want to clearly identify with the need for decentralisation of building approval process in the state. In fact, this is expedient. We have, however, reviewed the recent decision of the Lagos State government to 'decentralise' building plan approval or the development permit process in the state, and believe the action has not in any way decentralised the system", according to NITP state chairman, Mr. Moses Ogunleye.

He said: "The new idea of the state was practiced before but jettisoned in the early 1980s when the result became counter productive. Then issuance of development permits was centralised, with only a single officer issuing approval for all development. This was later decentralised with creation of 20 District Planning Offices, where the head of these offices were approving various building proposals including 10 floor structures. This era brought a lot of efficiency and results. Besides, up till May 2007, the District Town Planning Officers were approving uses like commercial building, industrial development and other high intensity development."

The NIESV chairman, Mr. Elias Ovesuor, said: "It's a welcome development. It shows Governor Babatunde Fashola is a listening governor." He is optimistic that the new government decision will go along way to stop the incidence of illegal developments in the state and increasing the housing gap in the state.

Ogunleye said: "The real issue is that the approval process at present is not investor or investment friendly. It is slow and time wasting. Hence, the new procedure could not be described as anything new and therefore it is not decentralisation in any form. Indeed, it has merely entrenched or formalised the existing centralisation process with an added rung to the already long ladder.

"To us as town planners, granting permits for building development is a mere routine assignment, as they are supposed to be involved in more challenging and tasking assignments that would enhance the functionality of various human settlements. The latest decision of the government is mere celebration of building approval process.

"Thus, now taking building plan approval to the realm where the governor, commissioner and permanent secretary will be 'making' approval of building is moving backwards to the 80s in a challenging 21st Century. The question is, on what professional legs are they standing to approve? The current situation in which the commissioner and permanent secretary are professionals in the industry does not mean that it will continue to be so"!

The planners argued that governor should delegate his powers to the commissioner, while the commissioner should do the same to the general manager. "We believe the governor should be left out of matters relating to approval of building, let alone granting approval to buildings above seven floors. Indeed, it is demoralising and belittling on the part of town planners in the Ministry of Physical Planning and Urban Development, as well as LASPPDA (Lagos State Physical Planning and Development Authority) that the governor and commissioner are getting involved in building plan approval. Let the ministry and commissioner concentrate on policy formulation. There are many other assignments with which the ministry should be saddled with."

The Lagos NITP chairman disclosed that applicants go through tortuous journey as no application can be determined or granted in the 20 District Offices of LASPPDA.

"It is retrogressive and a clear waste of human resources when officers of Level 15 or 16, who are now district officers, cannot grant permit to any form of building proposal. An assignment, which Level 12 officers, have done diligently before now. The NITP is of the opinion that the various District Offices should be strengthened and given powers to grant permits to buildings up to 10 floors, whether residential, commercial, religious or industrial.

"Already, the existing guidelines stipulate what should be done in this regard. Officers should be made responsible to account for what they approve, either rightly or wrongly. To take away such power of responsibility is to admit that there are no competent hands in the state government employment, said Ogunleye."

Lagos NITP suggested that only critical development proposals like development of aerodrome, heavy industrial development and so on, should get the "consent" and approval of the Governor.