INTRODUCTION
On 4 August 2025, the Lagos State Government, through the Ministry of Physical Planning and Urban Development ("the Ministry"), issued a list comprising one hundred and seventy-six (176) illegal estates operating without the requisite layout approvals. The Ministry has extended a 21-day deadline to developers and estate owners to regularize their layout approvals, as failure to do so will lead to the sealing of the affected estates.
Instructively, this is not the first time that the Lagos State Government has targeted illegal estates in Lagos State. In a publication in the Punch newspaper of Monday, 17 February 2020, the Ministry published a list of one hundred and five (105) estates in various parts of Lagos State that did not have Layout Approvals in accordance with the provisions of the law. The owners of the estates were directed to submit the necessary documents for the processing of their layout approvals to the office of the Permanent Secretary within 21 days from the date of publication, with the caveat that failure to comply would result in the sealing of the affected estates.
UNDERSTANDING THE REGULATORY FRAMEWORK
The Lagos State Ministry of Physical Planning and Urban Development is responsible for the development and enforcement of policies concerning urban development and planning in Lagos State. Non-adherence to its regulations may result in significant sanctions. The Ministry functions under the Lagos State Urban and Regional Planning and Development Law, 2019 (as amended), which endows it with comprehensive enforcement authority, including actions such as property sealing and demolition. Its principal agencies comprise the Lagos State Physical Planning Permit Authority (LASPPPA) and the Lagos State Building Control Agency (LASBCA). According to Section 26 (1) of the Lagos State Urban and Regional Planning and Development Law, 2019 (as amended), which states:
"Any building construction carried out within the State without a Planning Permit from the relevant Authority shall be deemed illegal and treated as such."
In addition to the requirement for a Planning Permit for various developments, Layout Approvals are required for a parcel of land measuring at least 10,000 square metres or hectare. The procedure for applying and processing a Layout Approval is governed by the Guidelines for Approval of Layouts. An application for Layout Approval shall be made to the Ministry of Physical Planning and Urban Development, and no development works shall be commenced in the estate before securing the Governor's approval of the scheme.
It is instructive to note that the Ministry typically grants developers of an estate a Provisional Layout Approval, enabling them to proceed to the site and install the necessary infrastructure for the estate. However, the mere issuance of a Provisional Layout Approval doesn't mean that the developer can commence construction works in the estate.
Various information is usually contained in an application for the approval of an estate, and some of this information includes the name and address of the applicant, acreage and hectarage of the land to be laid out, number of plots in the estate showing the various land uses, (residential, commercial, industrial, institutional, recreational, place of worship, educational and so on), dimensions of all plots and streets in metric scale amongst other relevant information.
Aside from the Ministry, the Ministry of Environment, the Ministry of Transport and the New Towns Development Authority (NTDA) also play a crucial role in the issuance of a Layout Approval for an estate.
In sum, it is unlawful for a developer to commence development works in an estate without first seeking and obtaining a Layout Approval for the estate.
STEPS TO TAKE IF THE GOVERNMENT DECLARES YOUR ESTATE AS ILLEGAL
It is important to note that a building erected within an estate without a Layout Approval will be considered an illegal structure. Therefore, if you live in an estate that has been declared illegal by the Lagos State Government, you must ensure that the developer immediately commences the process of applying for a Layout Approval within the timeline stipulated by the Government in its Public Notice. However, it will be tidier if all the homeowners in the estate meet jointly with the developer through their Residents' Association, as the developer might not respond positively and transparently if approached by an individual homeowner.
CONCLUSION
Given the rise in the number of estates within Lagos State, every potential purchaser of a parcel of land or property within an estate must verify that the developer has obtained a Layout Approval for the estate before committing to purchase a property within the estate. This verification can be done by asking the developer to provide the details of its Layout Approval and through the Ministry of Physical Planning and Urban Development.
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.
