The latter part of 2025 has witnessed a trend of property demolitions across Lagos State, by various government agencies. These actions have generated intense public debate, steering discussions on social media, in legal circles, and within political and civic spaces. While some interpret the demolitions as politically motivated, ethnicity influenced, others view them as legitimate exercises of governmental authority.
However, this article contends that beyond these divergent interpretations lies a more fundamental issue; the lack of adequate sensitization and public awareness of the laws governing land use, planning approval, and property ownership in Lagos State. This is because, many property owners and developers embark on construction projects without obtaining necessary regulatory approvals such as building permits, environmental impact assessments, or land title regularisation.
Consequently, while government demolitions may appear harsh or arbitrary, they often find legal justification in such statutory breaches. Thus, while this article underscores that ignorance of the law is no excuse (ignorantia juris non excusat), it advocates for a system that balances enforcement with procedural fairness and public education, with a conclusion that sustainable urban governance in Lagos State requires not only the strict application of the law but also a proactive approach to public sensitization.
1.1 INTRODUTION.
In the latter part of 2025, Lagos State has witnessed a significant surge in government-led property demolitions. These actions have targeted residential and commercial buildings constructed too close to major roads, obstructing drainage canals, or situated on land acquired for public or urban development projects.
Interestingly, the Punch Newspaper front page of 30th September 2025 captured one of such operations under the headline “Lagos demolishes buildings blocking Ikota River drainage”, reporting that the affected structures violated urban planning laws and obstructed natural drainage channels.1 At the same time, social media platforms, particularly X (formerly Twitter), were flooded with reactions from victims expressing outrage and disappointment.
Some affected residents called for greater transparency in building permit approvals and verification processes, alleging that they were not adequately informed about these laws and development restrictions before embarking on construction. Addressing these reactions, the Commissioner for the Environment and Water Resources, Tokunbo Wahab, confirmed the operation in a post on his official X account on September 26, stating that the demolitions targeted structures “blocking the free flow of stormwater along the axis.” He further maintained that all necessary notices were duly served and insisted that the exercise would continue, emphasizing that unpermitted or illegal constructions obstructing waterways must be removed to safeguard lives and property. The controversy surrounding these demolitions is not new. It has occurred in decades past.
In Military Governor of Lagos State v. Ojukwu (1986) 2 NWLR (Pt. 18) 621, the Supreme Court condemned forcible evictions executed without regard to judicial authority. Nigerian courts have consistently emphasized that even where government actions are lawful, they must comply with due process and respect constitutional and statutory protections. Thus, while these measures are often justified as necessary for public safety, infrastructure development, and urban planning, they have generated widespread debate, particularly concerning fairness, transparency, and respect for property rights. However, reports have shown that courts have, at times, dismissed suits challenging demolitions where the defendants established clear statutory non-compliance by the claimants.
After all, the equitable maxims, “he who comes to equity must come with clean hands, and he who seeks equity must do equity’, remain instructive. One cannot disobey the law and still expect the law to shield them. Thus, where illegality or injustice is alleged, those asserting such claims must themselves demonstrate compliance with the law. Many victims of demolition fail to meet legal requirements such as obtaining building permits, environmental approvals, or title regularization. The law exists to guide all, and ignorance of it is no excuse. Hence, this article seeks to examine the legal framework governing real estate development and property acquisition in Nigeria, with particular emphasis on Lagos State. It further proposes enhanced public sensitization, preventive strategies, and essential due diligence measures that prospective landowners must adopt before acquiring or developing property.
1.2 LEGAL BACKGROUND
The power of the government to regulate land use and enforce urban development control derives primarily from the constitutional allocation of powers between the federal and state governments. Section 2(2) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) establishes Nigeria as a federation consisting of states and a Federal Capital Territory. The doctrine of federalism, as judicially recognized in Attorney-General of Ogun State v. Aberuagba (1985) 1 NWLR (Pt.3) 395, ensures that each tier of government retains autonomy within its legislative competence. The Supreme Court held that each government exists as an independent entity, empowered to make and enforce laws for the good governance of its territory, free from undue interference by another level of government. This principle was reaffirmed in Attorney-General of Lagos State v. Attorney-General of the Federation (2003) 2 NWLR (Pt.833) 1, where the Court upheld the right of Lagos State to regulate matters within its jurisdiction, particularly in areas relating to land use, urban planning, and physical development. Consequently, Lagos State is constitutionally empowered to enact and enforce laws governing property development, building approvals, and environmental protection within its borders.
1.2 APPLICABLE LAWS REGULATING LAND ACQUISITION AND DEVELOPMENT IN LAGOS STATE.
The Lagos State Government, in alignment with its constitutional powers and the autonomy accorded to states under the Nigerian federation, has enacted several laws regulating land acquisition, development, and urban planning within its territory.The most relevant of these include:
1.2.1 Building Lines (Regulation) Law.2
This law provides for the regulation of the position of buildings and other obstructions in relation to public roads and drainage channels within Lagos State. By virtue of sections 1 and 2, the law applies to all roads in Lagos State except federal trunk roads, unless otherwise directed by the Commissioner for Physical Planning and Urban Development. Section 3 prohibits the erection of any building, structure, or obstruction within 100 feet (30.48 metres) of the centre line of any road to which the law applies. It also forbids planting crops or erecting temporary structures on land adjoining such roads or drains.
This law empowers relevant authorities to remove any structure erected in contravention and to recover the cost of such removal from the offender. Enforcement actions under this law have formed the legal basis for many of the recent demolitions of properties obstructing major roads or drainage channels across Lagos State. Thus, while the provisions of this law may appear stringent or draconian to some, its enforcement operates with full legal backing and minimal discretionary leniency. This is a reality that highlights the pressing need for public sensitization and proactive education of property owners, developers, and potential investors regarding planning regulations, and approved building lines, as ignorance of the law provides no defense in matters of statutory compliance.
1.2.2 Lagos State Physical Planning Permit Regulation 2019.
The Lagos State Physical Planning Permit Regulations, 2019 represents one of the key legal instruments regulating urban development and land use control in Lagos State. Under Section 2 of the regulation, any person or body whether an individual, corporate organisation, or governmental entity intending to carry out any form of development within Lagos State must apply for and obtain a Planning Permit from the Lagos State Physical Planning Permit Authority (LASPPPA). This is a foundational provision that underscores that no development activity, including construction, alteration, renovation, demolition, or extension of an existing structure, can lawfully occur without the prior approval of the Authority.
Furthermore, Section 5 of the Regulation expressly prohibits any person from renovating, demolishing, altering, or adding to an existing building without first obtaining the necessary planning permit. This provision establishes a strict legal boundary for development activities within the State, empowering the Authority to enforce compliance and sanction violators. By conditioning all forms of physical alteration on prior approval, the Regulation aims to curb indiscriminate construction and promote sustainable, planned urban development.
Furthermore, the Lagos State Physical Planning Permit Regulations, 2019 categorise the State into distinct zoning areas, each with clearly defined land use purposes and development limitations. These include Residential, Commercial, Industrial, Agricultural, Recreational, Institutional, and Mixed-Use Zones. Residential zones are designated primarily for housing and related domestic uses, with only limited ancillary activities permitted as provided under operative development plans. Commercial zones, on the other hand, accommodate retail and business developments, subject to specific restrictions such as a maximum floor space of 700 square metres and a height limit of 7.8 metres, while any complementary residential use must not exceed 30 percent of the total floor area. Industrial zones on the other hand, are reserved for light manufacturing and service industries, including workshops, bakeries, and small-scale factories, which must not exceed 650 square metres in floor area or six to eight metres in height.
Similarly, agricultural zones are intended for farming and allied activities, provided they comply with environmental standards, the Lagos State Agricultural Land Holding Law, and approved land use plans. Recreational and institutional zones are strictly controlled to preserve public open spaces and infrastructure, allowing only complementary developments that do not exceed 30 percent of the designated area. Finally, mixed-use zones may be approved on their individual merits, provided they conform with the operative development plans of the area.3 The regulation further explained the procedure for the grant of the permit. Thus, It may be submitted both physically at the designated offices of the Lagos State Physical Planning Permit Authority (LASPPPA) and electronically through the Authority’s official e-Planning Permit portal.4 Regardless of the method of application, each application must be accompanied by a soft copy of the architectural drawings, a duly signed survey plan, and relevant title documents for the land.
1.2.3 Land Use Act5 .
By virtue of Section 1 of the Land Use Act, all lands comprised in the territory of each State in the Federation are vested in the Governor of that State, who holds such land in trust for the use and common benefit of all Nigerians in accordance with the provisions of the Act. Furthermore, Section 2 provides that all land in urban areas shall be under the control and management of the Governor of each State, while land in rural areas shall be under the control and management of the Local Government within which the land is situated.
In addition, Section 5 empowers the Governor to grant a Statutory Right of Occupancy to any person, subject to the conditions attached to such grant. The implication of this provision is that, since all rights of occupancy emanate from the Governor, being the trustee of all land within the State, any subsequent transaction involving such land, whether sale, mortgage, or transfer of possession,requires the Governor’s consent. This requirement is further reinforced by Sections 21 and 22 of the Act, which respectively regulate dealings in land situated in rural and urban areas.
To crown it all, Section 26 of the Land Use Act renders null and void any transaction or instrument that purports to confer or vest any interest or right over land contrary to the provisions of the Act. In practice, this means that any alienation or transfer of an interest in land must strictly comply with the statutory procedure. Upon the execution of a Deed of Assignment, Mortgage, or Lease, copies of the instrument must be submitted to the government, through the Ministry of Lands, for the Governor’s consent, after which the document proceeds to stamping by the Stamp Duties Office in accordance with the Stamp Duties Act.
Thereafter, the perfected document is registered at the Lands Registry to give it legal validity and priority. In the case of Lagos State, this function is performed by the Lagos State Lands Bureau, under the supervision of the Office of the Surveyor-General and the Registrar of Titles.
These steps, obtaining the Governor’s consent; stamping; and registration, jointly constitute the perfection of title or completion of a conveyance, ensuring that the transaction is legally recognized, enforceable, and reflected in the government’s land records. See generally the case of Benjamin v. Kalio Court 6 where the court held that a: “A document which is required by law to be registered, but is not registered, is inadmissible in evidence to prove title or any transaction affecting land. However, such a document may still be admissible to show that there was a transaction, or as evidence of payment or possession, though not as proof of ownership.”
1.2.4 Urban and Regional Planning and Development Law7 .
By virtue of Section 1 of the Law, there is established a Physical Planning and Development Agency whose primary purpose is to implement and enforce the policies of the Ministry of Physical Planning and Urban Development. The Law divides the agencies into three, namely:
- The Lagos State Physical Planning Permit Authority (referred to as the Planning Permit Authority);
- The Lagos State Building Control Agency (referred to as the Building Control Agency); and
- The Lagos State Urban Renewal Agency (referred to as the Renewal Agency).
By virtue of Section 26 of the Law, the Physical Planning Permit Authority is responsible for the processing and issuance of all planning permits in Lagos State. The Authority is also mandated to monitor and ensure compliance with the provisions and orders made pursuant to this Law.
Thus, section 34, confers on the Physical Planning Permit Authority the Authority to grant planning permits, with or without conditions, for the use and development of land; any change in the use of land, building, or part of a structure; for the alteration of an approved development plan, as well as the renovation of existing approved building structures and the demolition of existing structures by the owner or developer.
On the part of the Lagos State Building Control Agency (LASBCA), Section 47 of the Law provides that the Agency shall be responsible for the enforcement of building control regulations, the regulation and inspection of building works, and the certification of various stages of building construction, as well as the keeping of related records. The Agency is also mandated to remove illegal and non-conforming buildings, issue certificates of completion and fitness for habitation, and identify and evacuate distressed buildings in order to prevent collapse.
Furthermore, the Agency is charged with the provision of building services such as material evaluation and testing, fire and public health control, and is required to cooperate with the Physical Planning Permit Authority to achieve zero tolerance for illegal development. It is also responsible for enforcing the provisions of the Urban and Regional Planning and
Development Law.
In addition, the Law stipulates that any developer or owner undertaking a construction project involving a structure of more than two (2) floors shall, at the time of submitting an application to commence building works to the Building Control Agency, submit a General Contractor’s All-Risk Insurance Policy Certificate.
Furthermore, Section 56 of the Law grants the power to demolish, or to order the demolition of, any property or building to the Lagos State Urban Renewal Agency, where: (a) the building falls so far below the standard of other buildings in the area as to be unfit for habitation;
(b) The building is in such a state of disrepair that it is likely to pose a danger to public safety.
or
(c) The demolition is necessary in connection with the provision of infrastructure, facilities, and services within that area of the State.
However, Section 57 of the Law provides that before such demolition can be carried out, a notice of the proposed demolition order must be affixed to a conspicuous part of the building to which the order relates. And that the order for demolition shall not take effect until at least twenty-eight (28) days after the service of the notice, and not while an appeal by the occupier or his representative is pending before the Physical Planning and Building Control Appeals Committee. Holistically, the Urban and Regional Planning and Development Law further states that demolition may only be executed by the Agency where repair or renovation is insufficient to address the issues necessitating the order.
WAY FORWARD.
Going forward, greater emphasis should be placed on legal guidance from the very beginning of property transactions. Lawyers should be engaged early to ensure that all preliminary investigations, documentation, and compliance processes are properly handled, thereby preventing disputes, fraud, and financial loss in real estate dealings.
In real estate law, the acquisition of real property generally follows four major stages which are the Pre-Contract Stage, the Contract Stage, the Execution Stage, and the Perfection Stage. Sadly, many parties focus only on the execution stage where the Deed of Assignment is drafted and executed, while they overlook the importance of the preceding stages. Little did they know, that these earlier stages lay the solid foundation for a smooth and valid execution process, and failure to properly address them can lead to serious legal repercussions, the consequences of which falls heavily on the buyer. Typically, the pre-contract stage process begins when the vendor and buyer meet to identify the property and express their mutual intention to sell and buy. However, where this intention is established, it is essential to engage the services of a lawyer to carry out all necessary due diligence and ensure compliance with property and planning laws governing the transaction. Particularly, the Pre-Contract Stage is crucial because it is at this point that due diligence is conducted. Lawyers play a vital role in verifying that the property is free from encumbrances and in ensuring compliance with all regulatory requirements. At this stage, due diligence is meant to be done at the Land Registry to confirm ownership and title, community and traditional inquiries to ensure there are no disputes or adverse claims, court searches to confirm the property is not the subject of any pending litigation, consulting the Probate Registry to verify that the property is not subject to inheritance or testamentary restrictions, and checking with the Town Planning Authority to ensure the land complies with zoning and development regulations and that all necessary permits are in place.
This article reinforces the importance of these steps, as they form the backbone of a secure real estate transaction. Therefore, the expectation is that a prudent purchaser should ensure that all these checks are completed before proceeding to the execution stage, as they provide a soft landing for the transaction and safeguard against future complications.
1.3 CONCLUSION.
In light of the foregoing, it is noteworthy to conclude that this article is intended to sensitize the public on the essential laws, rules, and regulatory frameworks governing real estate acquisition and development in Nigeria, particularly within Lagos State.Thus, adherence to the prescribed legal procedures and approval permits provides a soft landing for property owners and developers, ensuring lawful real estate development and peaceful habitation. Similarly, it is important to note that this position equally applies to several other States in Nigeria, though with slight variations in nomenclature and administrative processes. Therefore, readers outside Lagos State are encouraged to visit the Ministry of Lands or Physical Planning in their respective States to obtain accurate and up-to-date information regarding property acquisition and development requirements.
It is therefore expected that diligent readers will no longer dwell in ignorance but will make conscious efforts to understand and comply with these laws. While compliance may appear demanding or costly, it remains far preferable to the losses and emotional distress that often accompany enforcement actions. Ignorance and sentiment do not shield anyone from the reach of the law; thus, proactive compliance remains the surest path to sustainable and lawful property ownership in Lagos State and beyond.
Written by Oyindamola C. Fasanmi
Trainee Associates
Salawu Akingbolu &Co