What building plan approval means
Building plan approval is permission to build what you are proposing, where you are proposing it.
Owning land answers who controls the plot. Zoning answers what the land may be used for. Approval answers whether this particular structure, at this height, at this distance from the boundary, with this access and this drainage, may be built.
It is granted by the state or municipal physical planning authority, under the state's physical planning legislation and within the framework of national urban and regional planning law. Each state runs its own process, with its own forms, fees and timelines.
The assessment looks at the proposal against the development controls for that area: permitted use, plot coverage, setbacks from boundaries and roads, height, parking, drainage and access. A proposal that breaches any of them is refused or returned for amendment.
How it is used
The application is document heavy, and incomplete applications are the main cause of delay.
What is typically required includes proof of title to the land, the survey plan, architectural drawings, structural drawings with calculations, mechanical and electrical drawings, a site analysis report, a soil investigation report for larger or heavier structures, and an environmental impact assessment for developments above defined thresholds. Professional drawings must be prepared and signed by registered professionals.
Evidence of tax compliance and payment of applicable charges is commonly required too.
The authority assesses, may request amendments, and issues approval with conditions. Construction should then follow the approved drawings, because building something different from what was approved is itself a contravention.
Stage inspections are part of the regime in some states, with the authority inspecting at defined stages of construction.
On completion, a certificate of completion and fitness for habitation may be required before the building is occupied, depending on the state and the type of development.
Key features
- Permission to construct a specific structure on a specific plot
- Granted by the state or municipal physical planning authority
- Assessed against zoning and development controls including setbacks and coverage
- Requires title documents, survey plan and professionally prepared drawings
- Construction must follow the approved drawings
- Building without approval risks stop work orders and demolition
How this works in Nigeria
Enforcement is real, and Lagos is where it is most visible. Building control authorities issue contravention notices and stop work orders, and demolitions of unapproved or non conforming structures do happen.
The two most common contraventions are building over drainage alignments and building inside required setbacks. Both are visible on the approved drawings before a single block is laid, which is what makes them avoidable.
The economics push the wrong way. Approval costs money and time, and a developer under pressure to start is tempted to begin and regularise later. Regularisation is possible in many states, and it is more expensive and less certain than approval would have been, and it does not protect the structure in the meantime.
Building collapse is the reason the regime exists and is enforced as it is. Structural drawings, soil tests and stage inspections are not bureaucracy for its own sake in a country where buildings have failed with loss of life.
For a buyer of a developed property, approval status is a due diligence item. Ask for the approved plans and the completion certificate where applicable, because an unapproved structure transfers its exposure to the new owner along with the land.
Building approval vs certificate of occupancy vs zoning
Three permissions covering the same plot and answering different questions.
A certificate of occupancy evidences the right of occupancy over the land under the Land Use Act. It tells you what interest is held. It says nothing about what may be built.
Zoning tells you what the land may be used for, set by the planning authority for the area. Residential, commercial, industrial and so on, with the development controls that go with each.
Building plan approval permits a specific structure. It is applied for, assessed against the zoning and the development controls, and granted for particular drawings.
The three are cumulative. A holder of a certificate of occupancy who builds without approval, or who builds something the zone does not permit, is exposed despite holding the certificate. Buyers frequently assume the certificate covers everything, and it does not.
Limits and risks
Cost and time are the practical obstacles. Professional drawings, soil tests where required and the fees themselves are substantial, and processing takes weeks or months.
Enforcement is uneven, which encourages non compliance. Whole neighbourhoods develop without approval and face enforcement in a single sweep years later.
Approval is also discretionary within limits. An application can be refused even where similar structures nearby were permitted, particularly where the controls have since changed.
And approval does not guarantee a sound building. It approves drawings and inspects at stages. What is actually built, and the quality of the materials and workmanship, is the developer's responsibility.
Worth knowing
Never start construction on the promise of regularising later. Regularisation costs more, is not certain, and leaves the structure exposed to a stop work order or demolition in the meantime. The approval is cheaper than the building you might lose.
Questions people ask
What is building plan approval?
Permission from the state or municipal physical planning authority to construct a specific structure on a specific plot, assessed against zoning and development controls including setbacks, coverage, height and drainage.
What documents do I need?
Proof of title, the survey plan, architectural, structural, mechanical and electrical drawings prepared by registered professionals, a site analysis report, a soil investigation report for larger structures, and an environmental assessment above defined thresholds.
What happens if I build without approval?
The authority can issue a contravention notice or a stop work order, impose penalties, and in serious cases order demolition. The exposure stays with the structure and transfers to a buyer.
Can an unapproved building be regularised?
Many states allow regularisation, but it costs more than approval would have, it is not certain to succeed, and the structure is exposed in the meantime.
Does a certificate of occupancy mean I can build?
No. The certificate evidences the right of occupancy over the land. What may be built is governed by zoning and by building plan approval, and all three are needed.
Should a buyer check approval status?
Yes. Ask for the approved plans and, where applicable, the completion certificate. An unapproved structure transfers its exposure to the new owner along with the land.