Sustainable Housing
Sustainable Housing
Sustainable Housing
5; October 2011
Abstract
The phenomenal growth of our towns and cities has given rise to conurbation and metropolitan areas, with various
planning problems such as traffic congestion, slum, shanty towns, waste management, housing, pollution, poverty
and several others. There is no doubt that the impact of rapid population growth on housing development in a
developing economy is usually a consequence of the push of the rural areas and the pull of the town. There is
always an upsurge and conglomeration of people in city centres with the resultant effects on housing growth
arising from acute unemployment. This growth and physical expansion of cities have been accompanied by
unplanned urban sprawl, environmental pollution, deterioration, deficiencies in modern basic facilities, and
general urban decay. As increased poverty and urbanization exert more pressures on urban facilities, most
Nigerian cities tend to have lost their original dignity, social cohesion and administrative efficiency. Land
Administration in Lagos State, over the last 25years cannot be described as being sustainable. Though, various
tools might have been put in place concerning the administration of land, there are still a whole lot of problems
being faced on and matters in the state.
Planning for housing and setting standards for the regulation of building construction is a task that seems to
overwhelm the relevant government authorities in Nigeria and other parts of the developing world. This paper
therefore examines the planning laws and ordinances available in Nigeria, with specific reference to the new Lagos
State Urban and Regional Planning and Development Law 2010, the types and levels of the Planning Authorities
and Agencies responsible for the implementation of the laws. It also appraises their activities so far in the area of
implementation, their challenges and lastly, makes recommendation for improvement.
Keywords: Sustainability, Planning laws, Housing development
1. Introduction
However, the phenomenal rate of urbanization and subsequent increased demand for the use of land both in the
cities and rural areas for physical development in Nigeria has been on the increase since the 1970s. In the face of
these problems confronting government in meeting the demand and desires of the public, government had to be
responsible in ensuring that land is adequately provided and development controlled for the overall benefit of the
public. This process is called land administration. Today, land tenure in Nigeria is governed by the Land Use Act
of 1978 under which all land in all the states of federation is vested in the Governor. Access to land is by way of a
'right of occupancy' granted by the government. This development had led to a lot of controversies in the
acquisition, disposal, use and administration of land both in the rural and urban areas. More disturbing is the
implication of this form of ownership for land development, housing provision and access to decent living
Though, various studies have made substantial contributions to land administration in Nigeria, most of them have
not been able to fill the loopholes that exist in the method of administration of land, particularly in Lagos State and
how it affects the physical development. None of the studies have been able to fully explain the implication of the
method of land administration adopted in the state on sustainable development. Concentration of various studies
on land administration has been on the criticism of the Land Use Act and its implication on physical planning. It
should be noted however, that sustainable development requires a sound land administration system. Sustainable
Development does not focus solely on economic issues. More broadly, sustainable development policies
encompass three general policy areas: economic, environmental and social. In essence, there is need to examine
the method of land administration adopted in Lagos and the implication it has on physical development.
2. Research Problem
Land Administration in Lagos State, over the last 25years cannot be described as being sustainable. Though,
various tools might have been put in place concerning the administration of land, there are still a whole lot of
problems being faced on and matters in the state. Subject to the Land Use Act S. 1 of 1978 which states that "all
land comprised in the territory of each state in the federation are hereby vested in the State Governor of that state
and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accordance
with the provision of this Act", administration of land in each state of the federation is supposed to be easier and
better for the benefit of all Lagosians but 32years after the promulgation of this act, this aim is far from being
achieved. Vesting of land in State Governors has created powerful systems of authority and political patronage.
The question now is whether the land tenure system adopted in the state actually ensures the availability of land to
all and sundry like it claims, whether people have access to land the way they should and the overall effect of this
system on sustainable housing development.
3. Planning Laws and Ordinances, Administration, Execution and Implementation in Nigeria
3.1 2010 Lagos State Urban and Regional Planning and Development Law
The additional administrative machinery from the new law states that The Ministry shall be responsible for the—
(a) initiation, formulation of Policies, coordination of programmes and review of all aspects of Physical Planning,
Urban Development, Urban Regeneration and Building Control in the State;
(b) Implementation of its policies through the relevant agencies established under the provisions of this Law;
(c) preparation and approval of the following hierarchies of Physical Development Plans:
(i) Regional Plans;
(ii) Sub-Regional Plans;
(iii) District Plans;
(iv) Model City Plans;
(v) Urban/Town Plans;
(vi) Urban Regeneration Plans;
(vii) Development Guide Plans; and
(viii)Local Plans including layout and subdivision plans;
(d) provision of technical assistance to all government ministries and agencies on matters relating to physical
planning, urban development, urban regeneration and building control;
(e) determination of the locations of infrastructural facilities and centres of economic activities in the State;
(f) offering advice on State development projects/programmes with socio-economic and environmental impacts as
may be referred to it from time to time;
(g) formulation of legislations on physical planning, urban development, urban regeneration and building control
in the State;
(h) formulation of guidelines for fostering inter-ministerial, intergovernmental,
bilateral and multi-lateral cooperation on physical planning, urban development, urban regeneration and building
control;
Part III Section 47 states that The Building Control Agency shall be responsible for the:
(a) enforcement of building control regulations;
(b) regulation and inspection of building works and, certification of various stages of building construction and
keeping of such records;
(c) removal of illegal and non-conforming buildings;
(d) identification and removal of distressed buildings to prevent collapse;
(e) issuance of Certificate of Completion and Fitness for Habitation;
(f) provision of building services such as material evaluation and testing, fire and public health control;
(g) establishing Local Building Control Offices in cooperation with the Local Governments and Local Council
Development Areas for the discharge of its functions at the Local Government level with the approval of the
Governor on the recommendation of the Commissioner;
3.2 The Land Use Act (chapter 202 of the Laws of Nigeria 1990) and Physical Planning
The Preamble of the Act leads to the background of the Act. It states that "It is in the public interest that the rights
of all Nigerians to the land of Nigeria be asserted and preserved by Law .... the rights of all Nigerians to use and
enjoy land in Nigeria and the natural fruits thereof in sufficient quantity to enable them provide for the sustenance
of themselves and their families should be assured, protected and preserved( Cap 202, 1978).
It is An Act to Vest all Land compromised in the territory of each State (except land vested in the Federal
government or its agencies) solely in the Governor of the State, who would hold such Land in trust for the people
and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and
to organizations for residential, agriculture, commercial and other purposes while similar powers will with respect
to non urban areas are conferred on Local Governments (27th March 1978) Commencement.
With reference to physical planning there are two major areas of the Act that are of interest, they are the ownership
of the Land and secondly the categorization of localities into urban and rural areas for effective development
control.
3.3 Urban and Regional Planning Decree 88 of 1992
The Nigeria Urban and Regional Planning (Decree No. 88, 1992) is the long awaited Planning law expected to
guide orderly physical development in modern Nigeria. The birth of the Decree was preceded by forty – six year of
outdated Town and Country Planning Law of 1946. The new law is thus expected to reinvigorate the dull and static
Planning activities pervading the post independent physical development in Nigeria. Most, if not all section are
therefore expected to be contemporary, new or least fit closely well with exiting planning issues in the country,
land acquisition, disposal, transfer and so forth are some of the issues expected to be central in the new planning
law. The new 2010 Lags State Law have taken cognisance of all the existing laws and modernise it to suit the
peculiar situation of Lagos State. Lagos State has the smallest size of land in Nigeria compared to its huge
population size.
All land and related issues in the Decree are referred to the Land Use Act. Some relevant sections in the Decree in
this context are:
i. Conditions for grant of development permit by a Development Control Department (DCD) must conform to
condition of issue of Certificate of Occupancy or a customary right of occupancy as provided for the Act (s. 36.
Degree No. 88 of 1992). See also Part II sections 24-41 of the 2010 Lagos State Law.
ii. The development Control Department in approving and rejecting a Development permission as provided for
under section 34 of the Decree is to take into account matters of overriding public interest (s. 43 (2)(a) of the
Decree). This is contained in Part III sections 45-48 of the 2010 Lagos State Law.
iii. Condition for compensation for revocation would only be if the application had complied with the
requirement of the Act with respect to right of occupancy of the land on which a development was to take place (s.
43(2)(b) of the Decree No. 88, 1992). Contained in sections 42-44 and 77 of the 2010 Lagos State Law.
iv. The commission Board, or Authority (s. 5(a)(b)(c) of the Decree) responsible for physical planning at the
federal, state and local government level respectively are empowered to revoke acquired occupancy to obtain any
land in connection with approved urban or rural development plan. However such revocation must be in
accordance with the relevant provisions of the Act (s. 75(2) of the Decree). This is also taken care by section 2(m)
of the 2010 Lagos State Law.
v. All matter connected with the payment of compensation for the revocation of right of occupancy under part
IV (Acquisition of land and Compensation) of the Decree are to be governed in accordance with the relevant
provisions of the Act (s. 76(1) of the Decree).
vi. Urban area is defined in the Decree (s. 91) according to the definition in section 3 of the Act. See sections 42
and 77 of 2010 Lagos State Law.
The foregoing shows one discernible scenario: that is since development, of any form, takes place on the land,
compliance with virtually all provisions of the Decree rests on the Act. The implication of this is obvious.
Successful implementation of the contemporary planning legislation in Nigeria still depends on the workability of
the controversial Land Use Act.
development and environmental protection. Nigeria is committed to a national policy on the environment that
ensures sustainable housing development based on proper management of her natural resources in a manner, which
meets the needs of the present and future generations. This requires balancing her human needs against the
potential that the environment has for meeting them. The Nigerian policy, which identifies the correlation between
the health and welfare of all Nigerians, and the urgent transition to sustainable housing development, attempts to
provide the concepts and strategies that will lead to the procedures and other concrete actions required for
launching Nigeria into an era of social justice, self reliance, and resource development that are environmentally
friendly. But with the level of poverty among the people sustaining the housing development will remain a
herculean tasks.
7. Development Control
Development is therefore seen as a restoration of free will placed on any developer of any property. Thus, any
change in the use of any planning agency as recognized by the law. It can be further defined (development control)
as the process and procedures concerned with controlling the development of land and building. It is the practice of
regulating, restraining, keeping in order or checking changes on land use that are in conflict with the wish of a
developer and the benefit to the public. In line with the definition of development, development control actually
regulates any building or rebuilding operation in, on and under the land. It also ensures an order growth of
settlement by stipulating adequate standards for all aspects of land use through the provision of adequate lighting,
ventilation, opening spaces and all other b socio-cultural facilities that make life worth living in line with the
overall plan of the area concerned. This power to grant or refuse or attach conditions to permission for
development to take place gives the public planning agencies the big teeth.
Through development control activities of planning agencies, (see section 38 and all sections in Part V of 2010
Lagos State Law), the planning laws and regulations are enforced. The extent and level of enforcement, however,
depend on the nature and contents of the laws and regulations, public understand of the perception of the laws,
competence of the enforcement officers and availability of manpower to ensure that any form of development as
defined conforms to the approved guidelines and registrations.
7.1 Development Control and Planning Regulations
Control of development (see section 45-48 of the 2010 Lagos State Law) in any form in urban and rural areas is
deeply rooted in the development process of the built environment in the country. Before the advent of colonial
administration in the country, the traditional rules in the different regions controlled development according to the
traditional ways of environment control measures. There were no specific written regulations as such but every
form of development was in line with the approval of the family first, and the community at large through the
traditional rulers under the Nigeria customary law. Control of development was historically based on native law
and custom and was legal, since customary law is law.
Through the rate of physical development was relatively low and the pattern was also rudimentary, it was evident
that there were some measures of control of physical development what is still clear, however, going by the pattern
of layouts and growth of many traditional cities and rural areas is that physical development before colonial rule
was allowed without much restriction and co· ordination resulting in amorphous growth. The absence of a
development plan of any type in many areas of the country as well as traditional way of ownership of land could
have been responsible for this situation.
The first ever known form of development control measure in the country was through the 1863 Town
improvement Ordinance of Lagos. Other town and country planning legislation before 1946 had similar
orientation in control of development in the sense that they restricted enforcement of modern planning regulations
as it were to just Lagos city area and more importantly, to the Government Reservation Areas (GRAs). In fact the
Brazilian quarters of the Lagos City Island still retain its pre-colonial pattern till date. The 1928 Town Panning
Ordinance only ameliorates the situation of haphazard development with the establishment of the Lagos Executive
Development Board (LEDB). The LEDB through the ordinance was much concerned with slum clearance in
Lagos Island and housing schemes in Surulere, Ikoyi, Apapa and industrial layouts at Ijora and Iganmu
Development control activity of a federal planning agency like LEDB was completely absent.
The 1946 Ordinance not only empowers the government to establish local planning authorities but also explicitly
made development control the main activity of the authorities. The Ordinance specifically prohibited carrying out
of development without adequate planning permission from the planning authority. The scope of development
control measures as contained in the 1946 ordinance is what is still widely practiced by public planning authorities
in the country till date. However, between 1946 and 1992 there were several legislation relating to development
control in form of building regulations building adoptive by-laws public health law and so on that had been
enacted. Many of these building adoptive by-laws (i.e. the former Western State of Nigeria by-laws of 1960, No.
171 of 1960) made provision for air space, building lines density control and so on and are still in use till present
time.
7.2 Building Line or Setback
The Building Line or Setback refers to the distance from the front, back, or side of a lot beyond which construction
or improvements may not extend without permission by the proper governmental authority or other party. The
building line may be established by a filed plat of subdivision, by restrictive covenants in deeds, by building codes,
or by zoning ordinances. The building by-laws also referred to as subdivision regulation by the built environment
professionals, deserve further discussion. Part I, Section 12 of the First Schedule 2010 Law deals with the
Regulations and Standards on setback. It includes Comprehensive Development Plans shall include regulations
and standards which define the scope and limits within which District Plans and other Development Plans are to be
framed and drafted. These shall include the following:
12(1)(b) formation, minimum requirements for dwelling units of various types including sizes, service cores, room
sizes, ceiling height and day lighting or ventilations;
(c) Building site requirements and limitations, minimum building lines, airspaces, and maximum coverages, height
and plot ratios, for the main types of residential, commercial, industrial and institutional developments in defined
use zones.
8. Methodology for Measuring The Functionality of the Town Planning Authorities in Effecting Urban and
Regional Planning Laws and Control in Lagos State
Functionality is the measure of the usefulness, effectiveness and efficiency of a factor in achieving what it is meant
for. The functionality of the town planning agencies can be measured using the Environmental Planning
Management (EPM) Process. The EPM process is rightly described as a the steps needed to carry out and
implement environment management plans for the purpose of ensuring that achievements in social, economic and
physical development last for the benefit of the present and future generations.
According to the UNCHS 1996, it is an articulated analytical framework and logical structure which facilitates
better understanding of the dynamism of urban development and environmental issues and helps in evolving
convincing guidelines or strategies for intervention. The EPM process is made up of both the descriptive
(analytical) and prescriptive (normative) mechanisms for responsive urban management. The analytical
framework of the process provides vigorous examination of the actual process of urban and environmental
development, while the prescriptive framework provides guidelines for decision making and action for improving
the process of urban environmental planning and m management.
The EPM is designed to achieve the followings
I. To identify urban environmental issues before they become uncontrollable and too expensive to deal with.
II. To agree to strategies and actions to resolve identified environmental issue among all those whose
cooperation is required.
III. To implement strategies through coordinated public and private actions.
8.1 Justification for using the EPM
The fact that the EPM has the frame work of the description of urban problem and also the prescriptive frame work
for the solution makes it a good measurement process for the functionality of the planning agencies. The Planning
Agencies have identified problematic areas and they are prescribed Law and ordinances to control then, so as to
avoid chaotic and uncontrollability. Through the EPM also the strategies arrived at which are the ordinances could
be implemented coordinated public and private actions.
8.1.1 The planning Authorities' efforts in the study Area
Planning Agencies and Authorities in the State have tried in many ways to achieve a perfect environment.
Making master plans for the states and cities (done by the state for the LPA)
Zoning Land uses (There are now areas strictly for commercial Purposes and the roads and rail way lines
are now free of street trader making clearer access for road user. Commuter buses now have their own garages not
as when the park haphazardly before State Government Intervention)
Providing planning Schemes( Housing Estates , also done by the state for LGA) examples of which are
LSDPC, DAIRY FARM ESTATES
Lagos State Ministry of Finance (2008) The annual remittance by agencies and department. Lagos State Printing
Corporation.
Lagos State Ministry of Lands (2007) Land allocation in Lagos State. Lagos State Printing Corporation.
Lagos State (2010) Urban and Regional Planning and Development Law.
Statistics showing the number of certificate of occupancey received, processed, approved and collected
2000-2006
Table 1. Monthly number of c of o received, processed, approved and collected: 2000
Number of certificate of occupancy (C.of O)
Received for processing Approved Collected
Month States Ratification Private State ratification Private State ratification Private
land land land land land land
Jan 150 32 44 40 102 32 22
Feb 225 45 50 210 250 20 40
Mar. 219 41 58 360 275 10 30
Apr. 189 33 41 360 275 50 20
May. 220 35 49 .402 383 20 80
Jun. 106 17 22 480 420 48 60
Jul. 152 32 34 590 540 28 40
Aug. 192 56 80 620 600 68 35
Sept. 221 42 62 650 720 35 60
Oct. 180 51 58 680 725 45 55
Nov. 123 43 49 730 850 25 35
Dec. 58 60 65 750 870 2 54
Total 2035 487 612 0 5872 6010 0 383 531
Table 2. cotnd. Monthly Number of C of O Received, processed, Approved and Collected: 2001
Number of certificate of occupancy (C.of O)
Received for processing Approved Collected
Month States Ratification Private State ratification Private State ratification Private
land land land land land land
Jan 211 40 62 58 126 14 124
Feb 213 42 63 16 69 34 117
Mar. 302 35 82 16 26 36 80
Apr. 216 26 66 15 42 26 55
May. 388 67 105 34 82 36 58
Jun. 430 52 93 44 97 4 67
Jul. 811 64 86 54 20 27 51
Aug. 1026 66 100 20 54 29 73
Sept. 1121 72 74 18 88 4 22
Oct. 469 78 97 57 95
Nov. 485 66 94 60 112
Dec. 345 78 85 15 49 34 61
Total 6017 686 1007 0 347 748 0 304 820
Table 3. Contd, Monthly Number of C of O Received, Processes, Approved and Collected: 2002
Number of Certificate of Occupancy (C.of O)
Received for processing Approved Collected
Month States Ratification Private State ratification Private State ratification Private
land land land land land land
Jan 317 38 69 96 128 10 97 113
Feb 394 58 70 5 42 76
Mar. 440 70 113 1 3 6 31 68
Apr. 360 52 72 31 84 4 32 332
May. 237 43 70 24 78 6 25 53
Jun. 258 59 81 64 227 31 49
Jul. 440 71 113 8 101 3 33 88
Aug. 321 68 92 21 112
Sept. 238 64 89 27 98 31 104
Oct. 0 44 113 34 132
Nov. 443 119 149 300 68 240 106
Dec. 286 57 95 58 249 249 251
Total 3734 699 1013 300 421 1072 389 626 1078
Table 4. Contd. Monthly Number of C of O Received, Processed, Approved and Collected: 2003
Number of Certificate of Occupancy (C.of O)
Received for processing Approved Collected
Month States Ratification Private State Ratification Private State Ratification Private
land land land land land land
Jan 317 38 69 267 50 89 11 66 147
Feb 62 20 7 270 56 73 5 30 93
Mar. 389 58 66 33 59 195 26 25 65
Apr. 300 42 52 30 3 34 90
May. 272 56 74 21 30
Jun. 298 47 66 5 11 22
Jul. 217 61 73 30 130 3 42 21
Aug. 289 53 118 149 190 1 25 125
Sept. 399 58 131 1 88 36 116
Oct. 322 71 119 27 50 30 85
Nov. 279 47 53 38 71 35 70
Dec. 4009 60 114 69 184 48 108
Total 3553 611 942 570 479 1100 54 403 972
Table 7. Monthly Analysis of Applications Received, Processed, Approved and Revenue Generated on Land
Services, 2006
NUMBER OF APPLICATIONS RECEIVED AND
MONTH APPROVED REVENUE (N)
RECEIVED APP0ROVED
Jan 144 50 99,862,421.04
Feb 176 135 83,072,278.22
Mar. 317 194 107,122,647.06
Apr. 129 74 169,825,767.86
May. 169 112 161,576,505.65
Jun. 186 158 158,513,974.50
Jul. 214 133 213,252,407.57
Aug. 332 128 190,378,171.52
Sept. 126 400 206,155,618.97
Oct. 301 165 156,457,310.77
Nov. 498 187 295,232,367.93
Dec. 185 195 176,678,105.54
Total 2777 1931 2,018,127,576.63
Source: Land Use and Allocation Directorate, Land Bureau