Abandoned or uncompleted buildings:

LASG’s new rules

The Lagos State Government has given sweeping powers to the newly created Lagos State Real Estate Regulatory Authority (LSRERA) to deal with issues of abandoned or uncompleted buildings within the state. In Section 24 of the newly passed LAGOS STATE REAL ESTATE REGULATORY Authority Law, the LSRERA can cause the structure to be sealed up and then take action to ensure either the completion of the building or its demolition.

The relevant section of the law is published in full below:

24 Abandoned or Uncompleted Buildings and Structures

(1) Where it appears to the Authority that any abandoned or uncompleted building, or structure (abandoned for lack of funds or otherwise) constitutes a nuisance, safety risk, environmental degradation, or a ground for perpetration of criminal activities, the Authority shall report the identified abandoned building to Lagos State Building Control Agency (referred to in this Law as “LASBCA”) requesting LASBCA to serve appropriate statutory enforcement notices on the structure in line with the provisions of the Urban and Regional Planning and Development Law and take necessary action as may be required by the law.

(2) Where LASBCA (in the case where it seals up the building) has identified that the reason for abandonment or incompletion of the building by owner is as a result of financial constraint, it shall refer the owner of the building to the Authority which may consider a joint development agreement between the Authority and the owner, taking into consideration the representations of the owner or occupier of the abandoned or uncompleted building or structure and the financial implications and viability of such an arrangement.

(3) The Authority shall―

(a) inform LASBCA in writing of its arrangement with the owner stating whether it was able to reach an agreement;

(a) recommend the unsealing of the building if it was able to reach an agreement; or

(a) recommend further steps to be taken in accordance with the existing Laws if it was unable to reach an agreement with the owner.

25. Demolition

Where in the opinion of the Authority, the building or structure constitutes a danger to the health and safety of the public, the Authority shall report to LASBCA or other relevant Ministry, Department or Agency of Government that has the power to demolish such abandoned or uncompleted building or structure.