Obtaining a planning permit for a commercial building in Lagos is an essential milestone in the development journey, guaranteeing adherence to the state’s physical planning regulations and zoning laws.
Navigating the permit application process can be intricate, requiring a deep understanding of the state’s urban planning requirements and procedures.
In this article, Nairametrics delves into the fundamental steps and key factors necessary for securing a planning permit for constructing a commercial building in Lagos.
Steps to obtain planning permits for commercial buildings in Lagos:
Based on information obtained from the Lagos State Ministry of Physical Planning and Urban Development, the following steps outline the process for obtaining a planning permit for commercial buildings in Lagos State:
Step 1: Submission of application for a planning permit
To begin the approval process for a commercial building, applicants must submit a planning permit application to the Office of Physical Planning in the Lagos State Ministry of Physical Planning and Urban Development. Applications can be submitted online at www.epp.lagosstate.gov.ng/ or in person at the district office.
Here are the required documents for a commercial building permit application:
- A sun print copy of the Survey Plan.
- Proof of ownership, which may include one or more of the following: a Certified True Copy of Certificate of Occupancy / Land Certificate; Governor’s Consent on lease/assignment/land conveyance/any other instrument recognized by law; Certified True Copy of former Owner’s Title in case of Governor’s Consent (Root of Title); Stamped Duty Receipt of Land Purchase.
- All evidence of payment for Title Document Processing, as well as evidence of payment of land use charge.
- Certificate of Incorporation of the Company, where applicable.
- Copy of the building’s architectural drawings prepared, signed, and sealed by an architect registered with ARCON.
- Copy of the building’s structural drawings prepared, signed, and sealed by a structural engineer registered with COREN.
- Copy of the building’s mechanical and electrical drawings prepared, signed, and sealed by engineer(s) registered with COREN.
- Copy of subsoil investigation report prepared, signed, and sealed by a geologist registered with COMEG.
- Copy of a detailed Physical Planning Technical Report (PPTR) prepared, signed, and sealed by a Town Planner registered with TOPREC.
- Copy of the Land Use Planning and Analysis Report (LUPAR) for the building prepared, signed, and sealed by a Town Planner registered with TOPREC
Also, a non-refundable partial payment fee of N10,000 is required for the screening and verification of the aforementioned document.
Step 2: Screening of submitted documents
After document submission, officials at the Physical Planning office screen the features of the proposed commercial building for compliance with state guidelines.
This includes zoning, density, height, parking, and functionality assessment. Upon successful screening, the applicant pays the remaining processing fee, deducting the initial partial payment made earlier.
Step 3: Site inspection/report registration
During this stage of the process, representatives from the Ministry of Physical Planning and Urban Development will conduct a site visit to evaluate the proposed location for the building. This assessment is crucial to verify compliance with Lagos State planning guidelines.
Furthermore, the applicable fees for assessing the proposed development will be calculated, and the applicant will be required to make the necessary payments.
Step 4: Professional endorsements of the planning permit
Following the site inspection is the stage of professional endorsement of the planning permit by officials of the Lagos State Ministry of Physical Planning and Urban Development.
Step 5: Payment confirmation
During this phase of the procedure, the applicant must submit receipts verifying the payment of all fees and statutory charges levied by the Lagos State Government.
Step 6: PPTR clearance
This stage involves the clearance of the Physical Planning Technical Report (PPTR) previously submitted to the Ministry of Physical Planning and Urban Development. If the PPTR conforms to the established guidelines, it will be cleared for further processing.
Step 7: Vetting and recommendations
During this phase, the Ministry of Physical Planning and Urban Development scrutinizes relevant documents and incorporates observations from on-site inspections to thoroughly assess and offer recommendations for the building permit.
Step 8: Concurrent approval by all relevant MDAs
Upon confirmation that all requirements up to this point have been met, other relevant ministries, departments, and agencies (MDAs) of the Lagos State Government will provide their approval for the planning permit. These include:
- Land Use and Allocation Directorate: For all State lands and Government Schemes.
- Land Services Department: For the Governor’s consent and subsequent transactions on landed properties.
- Ministry of Transportation: In cases of properties within the proposed Metro line corridor and traffic generating activities.
- Ministry of Environment: Specifically for applications within drainage alignment, gorges, flood plains/water bodies, lagoons, shorelines, and Environmental Impact Assessment Clearance, among others.
- Lagos State Urban Renewal Authority: For applications falling within Urban Renewal Scheme Areas.
- Lagos State Surveyor General’s Office: For applications within acquisition, revocation, and excision areas.
- New Towns Development Authority: For the Letter of Confirmation of allocation and Capital Contribution.
Step 9: Issuance of pre-planning letter
In this step of the process, the applicant is issued a pre-planning letter indicating correspondence from the Ministry of Physical Planning and Urban Development, which signifies preliminary approval regarding the proposed building project.
Step 10: LIRS (tax) clearance
After receiving the pre-planning letter, applicants are required to proceed with tax clearance at the Lagos State Inland Revenue Service (LIRS). Required documents include proof of payment for both company and personal taxes, depending on the circumstances.
Individuals need to provide their current e-tax clearance certificate and evidence of P.A.Y.E returns. For companies, a company tax clearance (CTC) certificate and e-tax clearance for two directors of the company are necessary for tax clearance purposes.
Step 11: Communication of final approval
Upon successful completion of the tax clearance process, the Ministry of Physical Planning and Urban Development will issue the final approval for the construction of the building to commence.
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