The fear of property demolition in Lagos is a stark reality that shapes the conversation in the real estate business. You’ve likely heard the common phrase from investors: “I have my building approval.”
Or perhaps you’ve seen a document labeled “planning permit.” For many, these terms are used interchangeably, creating a dangerous and costly confusion that can lead to disastrous real estate scams in Nigeria.
As a sophisticated investor, knowing your legal “onions” isn’t just about integrity—it’s about protecting your entire real estate investment.
Without a clear understanding of these documents, you risk being bamboozled by unscrupulous individuals, ultimately jeopardizing your hard-earned assets.
In this article, we’ll demystify these terms, clarify the roles of the key regulatory bodies, and expose the most common misconceptions.
This isn’t just about semantics; it’s about safeguarding your real estate investing strategies and ensuring your property is legally sound.
What is a Planning Permit vs. a Building Approval?
You’ve probably heard one or both of these terms, but are they truly different?
Let’s break it down:
- What is a Planning Permit? A planning permit is the formal government approval to build on a piece of land. This is a crucial document that proves your development plans comply with zoning rules, approved land use, height restrictions, and other urban planning regulations under real estate law. Think of it as a pre-authorization that says, “You can legally build on this land.”
- What about Building Approval? This is the key to all the confusion. “Building approval” is simply the common, informal term used by developers and real estate agents to refer to the granted planning permit. It is not a separate document. When you have a planning permit, you have your building approval. They are one and the same.
The Relevant Regulatory Bodies: A Two-Step Process
In Lagos State, building development is regulated by two primary agencies that work hand-in-hand to ensure compliance:
1. Lagos State Physical Planning Permit Authority (LASPPPA): This is the agency responsible for issuing planning permits. They are the first stop for anyone looking to build.
2. Lagos State Building Control Agency (LASBCA): So, what about LASBCA? Do they issue building approvals? No.
As we’ve established, that’s LASPPPA’s role. LASBCA’s purpose is to oversee construction, ensuring the building is safe and structurally sound. Their responsibilities include:
- Inspecting sites during construction.
- Issuing a Letter of Authorisation to Build before work begins.
- Issuing a final Certificate of Completion and Fitness for Habitation.
This distinction is crucial for your real estate business. You must have a planning permit from LASPPPA, but that is not the end of your legal obligations.
You also need LASBCA’s letter of authorisation to begin construction legally.
The Process and Certifications: The Slippery Slope to Legality
Your compliance journey is a multi-step process. Here’s how it works and why you need to follow every step to avoid your property being marked for demolition.
1. Obtain Your Planning Permit (Building Approval):
The first step is to apply to LASPPPA. This application notifies the government of your intention to build.
The requirements are extensive and include documents like your Certificate of Occupancy (C of O) in Nigeria, Deed of Assignment, Survey Plan, architectural drawings, and engineering reports.
Once approved, LASPPPA issues the planning permit, certifying that your land is eligible for development.
2. Get a Letter of Authorisation to Build:
This is where many people make a critical mistake. They assume the planning permit is all they need. In reality, you cannot legally start construction until you notify LASBCA and receive their Letter of Authorisation to Build.
This requires submitting approved drawings and reports, ensuring they are aware of and approve your construction plan.
3. Receive Final Certification:
Throughout construction, LASBCA will visit your site for inspections. They will ensure you are building exactly what your planning permit allows.
After the building is completed, you must wait for a final inspection. If everything is in order, LASBCA issues a Certificate of Completion and Fitness for Habitation.
This document proves the building meets all structural and safety standards, making it fit for its purpose.
Common Misconceptions: Exposing the Fallacies
Many investors, particularly those new to real estate investing for beginners, harbor dangerous misconceptions that can put their assets at risk.
1. Misconception: “Planning permit and building approval are different approvals.”
Reality: They are the same legal document. The confusion stems from poor terminology in the real estate business.
2. Misconception: “Once the developer shows me a planning permit, all is well.”
Reality: This is a major red flag for real estate scams in Nigeria. You must still request proof that the developer obtained the letter of authorisation to build and, most importantly, the final Certificate of Completion and Fitness for Habitation. Without these, the building may be illegal or structurally unsound.
Why This Matters for Your Real Estate Investment Trust
As an investor, you must go beyond the surface.
1. Use the Right Words: Planning permit is the correct legal term, matching the name of the issuing agency, the Planning Permit Authority.
Knowing this shows you are a sophisticated investor who understands real estate law.
2. Expand Your Due Diligence: Never stop at verifying the planning permit alone. Always check for the Letter of Authorisation to Build and the final Certificate of Completion and Fitness for Habitation issued by LASBCA.
These documents are proof that the project was legally built and is safe for occupation, safeguarding your entire real estate investment trust.
Conclusion: Your Pathway to Secure Property Ownership
The confusion between building approvals and planning permits is widespread, but it doesn’t have to confuse you.
Remember, they are one and the same. However, your compliance journey doesn’t end there.
The Letter of Authorisation to Build and the final Certificate of Completion are equally critical to ensure your real estate in Lagos or real estate in Abuja is protected from demolition and future legal issues.
That’s why at Charis Legal Practice, we dedicate our services to sophisticated investors looking to invest a minimum of ₦20 million in real estate investment across Lagos, Ogun, Oyo, and Osun states. We ensure you receive unparalleled expertise in real estate law.
If you need our team to guide you through every stage of your house purchase, ensuring a secure and seamless transfer of ownership and protecting you from real estate scams, you can click HERE to get started.
Why Choose Charis Legal Practice?
We are your top Real Estate Law Firm in Lagos, Nigeria. As an investor, it’s genuinely disheartening to invest significantly only to realize the ownership transfer process was mishandled. Our real estate lawyers in Nigeria can guide you.
Whether you’re interested in real estate in Lagos, real estate in Abuja, or other southwestern states, you can engage our services from anywhere in the world. Our virtual legal consultations make expert advice and guidance accessible from your own space.
We have a proven track record, having successfully handled contract drafting services worth billions of Naira. Let us manage all your legal needs with our specifically designed contract drafting services package.
Choose us to safeguard your real estate business and ensure your peace of mind, protecting you from potential real estate scams in Nigeria and setting you up for success in your real estate investing strategies.
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