There is growing concerns among professionals in the built environment over the implementation of the new Lagos State Physical Planning Permit and Building Control Regulations 2019. The regulations passed by the State’s House of Assembly at the twilight of last year, were expected to sanitise the building sector and encourage sustainable development in Lagos metropolis.
Although attentions were not paid to previous regulations, experts said the spate of buildings collapse in the state last year spurred the lawmakers into giving legal teeth to the new regulations.Under the new regulation, any developer intending to commence construction work(s) in the state is expected to give seven days notice in writing to the State’s Building Control Agency (LASBCA) of such intention in the prescribed form as provided in Schedule one.
Where a person proposes to carry out construction works which consist emergency repairs and it is not practicable to comply with sub-regulation (1) above before commencing the work(s), the Developer shall give a commencement notice to the agency within seven days after commencement of the work(s).
Also, every developer engaged in construction work(s) in the state is expected to pay to the State’s Building Control Agency (LASBCA) for inspection and stage certification, a sum equal to 20 percent of the Building Plan Assessment fee paid to the Physical Planning Permit Authority (LASPPPA) for grant of the planning permit.
Furthermore, any developer wishing to commence building construction work shall submit some documents together with the notice to LASBCA.The documents include, planning permit for the proposed development, sub-soil investigation report in the case of structures above four floors and all developments in areas with low bearing capacity soils, sanitary Inspection and Disinfestation Report by a licensed Environmental Health Officer; a copy each of detailed architectural, mechanical, electrical and structural design as approved.
The regulations also provide site inspection before the commencement of construction, where an Inspector of LASBCA or authorised officer would inspect the construction site.For building stage certification one of the inspectors of the agency competent under the relevant professional laws in Nigeria is allowed to do so.
The regulations allowed for the engagement of competent professionals to carryout structural survey of properties within the project site and ensure actual pictures are taken for record purposes.The certificate shall be obtained on any building on satisfactory completion before occupation. In the event that any defect is observed or alteration is made, the certificate shall be withdrawn or revalidated as the case may be.
The regulations also allowed the supervision of every construction by appropriate qualified professionals, while the registered professional should take responsibility for the project and execute the attestation forms contained in Schedules 5-10 and shall be on-site at all times.Also, any new technique or method of construction not covered by the accepted codes of practice shall only be allowed with the specific approval of the Agency.
The regulation also
allowed the Agency to periodically probe all building developments within the
State to identify defective and distressed structures.
In the event of the collapse of any property or structure due to the negligence
on the part of the owner or developer, such property shall be forfeited to the
State government after sue investigation and on publication in the State
Official Gazette.
The regulations also include some penalties and fines for contravenors.For example, any person who commences construction work without giving prior notice to the Agency contravenes the provisions of Regulation 1, commits an offence and shall be liable on conviction to a fine not exceeding the sum of Two Hundred and Fifty Thousand Naira (N250,000.00) or One (1) month of community service or both.
Any intending developer or his agent or petitioner who gives false information to the agency commits an offence and shall be liable on conviction to a fine not exceeding N250,000) or one month of community service or both.
Any person who fails to insure his building as required under this regulations commits an offence and shall on conviction be liable to a fine not exceeding N500,000 or one month community service or both. The Guardian
