PROPERTY NEWS

The new Physical Planning, Urban Development, Urban Regeneration and Building Control Law for Lagos State is capable of reordering the haphazard nature of physical development in the state. But to do this, those saddled with its enforcement must resist the temptation to compromise its provisions.

According to built environment professionals, who appraised the new legislation, honest implementation of the law will engender orderliness in the state, which has the reputation of having the highest number of structural failures and collapsed buildings in the country.

A member of the Technical Committee on Planning Regulation and Building Control Reforms in Lagos State and former Chairman of the state chapter of the Nigerian Institute of Building, Mr. Kunle Awobodu, said, "The law has addressed the encumbrances in the building plan approval process. The separation of planning and building control will facilitate the approval process. The dividends of separation of powers in a division of labour era will eventuate in acceptable performance.

"The Building Control Agency, as provided for in the law, will ensure adequate monitoring of building projects, right from pre-construction stage to post-construction stage. This is the most practical attempt at eradicating the incessant collapse of buildings."

According to him, the establishment of the Urban Renewal Agency by the law will lead to slum regeneration and check the hazardous growth of slums.

With a formidable structure now on ground and the establishment of the Habitat 2011 Committee by the government, Awobodu is optimistic that the implementation of the law and enforcement challenges will be overcome.

He said that with effective building control, existing buildings in the state would be subjected to tests to determine their stability. He added that compulsory insurance cover for structures above two floors would lead to job creation for professionals as they would be engaged to ensure structural integrity of buildings before insuring them.

A member of the council of the Lagos State Chapter, Nigerian Institute of Architects, Mr. Femi Shodunke, said, "Sincerely, I have to wait to get a copy of the law before I can make reasonable comments. However, I may say that with sincerity on the part of the government, coupled with Solomon’s wisdom, true love for the citizens and the environment, as well as putting right personnel in right places, tremendous success can be achieved with the new law."

The Chairman of the state chapter of the Nigerian Institute of Quantity Surveyors, Mr. Jide Oke, said that the enactment of the law was another step by the administration to ensure sanity in physical development activities in the state, noting, however, that "one can only hope and pray that it will not suffer implementation problem."

His counterpart in the Nigerian Institute of Town Planners, Mr. Moses Ogunleye, in welcoming the enactment of the law, urged the government to ensure its faithful implementation.

He said, "Among the key issues is that the law sets up a Building Control Authority. I welcome the law. Let it be implemented to the letter. There should be no deviation. Let there be no disregard for any of its sections through rule of the thumb. The law, if well implemented, has a great opportunity of turning around physical planning in Lagos State.

The new law, which replaced four older legislation, makes provisions for owners of buildings from two floors and above to obtain All-Risk Insurance policies from insurance firms of their choice or risk being prosecuted by the state government.

According to the law, owners of existing buildings from two floors and above have three months to comply with the provision for insurance, while owners of similar structures under construction must comply with the law within a month.

The law also established the Lagos State Building Control Agency to monitor the construction of buildings to ensure that they comply with all relevant regulations and recommend sanctions for developments considered substandard and not fit for human habitation.

On the other hand, the Lagos State Planning Permit Agency is now to issue building permits and plan approvals for developers of buildings.

Before now, this was being handled by the state Ministry of Physical Planning and Urban Development, and its agency, the Lagos State Physical Planning and Development Authority, which has now transformed into the Lagos State Building Permit Authority.