- with Senior Company Executives, HR and Finance and Tax Executives
Introduction:
Many property owners or developers in Lagos State are unaware of the crucial legal difference between repair work and renovation work on a property. This common misunderstanding has unfortunately resulted in some property owners incurring substantial penalties from the Lagos State Government for commencing renovation works without the required permit.
In this article, we shall clarify the key difference between renovation work and repair work. We shall also explain why a planning permit is legally required for property renovations in Lagos State.
Importance of a Planning Permit:
Section 27 (1) of the Lagos State Urban and Regional Planning Development Law provides that no physical development shall be commenced in Lagos State without a permit issued by the Planning Permit Authority. The legal duty to secure this permit lies squarely on the property owner or developer, regardless of who the construction works are being carried out for, even if on behalf of the government.
Meaning of Renovation
The Lagos State Physical Planning Permit Regulations, 2019, defines the term, "renovation" as:
"any act done to cause improvement to a building's beauty, and shall include changing of windows and doors, re-plastering, re-roofing, replacements of floor coverings, recladding, retiling, kitchen or bathroom remodelling, plumbing works, electrical works, and does not include carrying out of structural improvement or changes to the building."
It is important to note that this definition focuses on non-structural improvements that enhance a building's aesthetics or functionality.
Section 102 of the Lagos State Urban and Regional Planning Development Law goes further to define "renovation" as follows:
"Renovation" means to rebuild, reclaim, recondition, reconstruct, rehabilitate, reinstate, rejuvenate, restitute, restore a building (excluding painting).
Based on the second definition, it is clear that a simple painting of a property is excluded from the legal definition of renovation.
Meaning of Repair
The Lagos State Physical Planning Permit Regulations, 2019, define the term, "repair" as follows:
"Repair" may include the act of renovation and/or including improvement to sanitary, electrical, mechanical, landscaping or structural improvement to a building."
While the definition of "repair" legally encompasses "renovation", the crucial point for a property owner is that any work that falls under the category of "renovation" must be preceded by a permit, as it falls under the jurisdiction of the Planning Authority. Therefore, any simple non-aesthetic maintenance repairs will typically not require a permit, but any action defined as "renovation" in the previous section does.
Requirement of a Planning Permit for Renovation Work
The legal obligation to obtain a permit for renovation is explicitly provided by law. Section 34 of the Lagos State Urban and Regional Planning Development Law outlines the instances when the Planning Permit Authority may issue a permit, and this includes the renovation of existing approved building structures.
For ease of reference, we have provided the provisions of section 34 as follows:
"The Planning permit Authority may under this Law grant a permit with or without conditions to an applicant in respect of the following:
(a) use and development of land.
(b) change in the use of land, seabed or structure or part of structure.
(c) alteration of an approved building structure.
(d) renovation of existing approved building structures.
(e) demolition of the existing structure by the owner/developer."
Furthermore, to eliminate any doubt regarding the need for a permit, Regulation 5A of the Lagos State Physical Planning Permit Regulations, 2019 directly stipulates that no building in Lagos State shall be renovated without a Renovation Permit issued by the Lagos State Physical Planning Permit Authority ("the Planning Authority").
Conclusion
Based on the provisions of the Lagos State Urban and Regional Planning Development Law and the Lagos State Physical Planning Permit Regulations, 2019, a property owner or developer is legally mandated to secure a Renovation Permit from the Planning Authority before commencing any property renovation work. Failing to comply with the provisions of the law can result in significant penalties and legal complications.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
