ARTICLE
23 July 2025

LASBCA "Request-for-Documents" Letters: Key Considerations

BH
Balogun Harold

Contributor

Balogun Harold is a specialist law firm for investment and financing transactions focused on Africa. We routinely undertake debt finance, private equity, project finance, venture capital, market entry and technology transactions on behalf of clients. We deliver proven, guaranteed and exceptional outcomes by always aiming for the best level of legal and transactional support necessary to achieve our clients' strategic goals.

The Lagos State Building Control Agency (LASBCA) has begun mass-issuing "Request for Documents" notices to property owners in Lagos State.
Nigeria Real Estate and Construction

The Lagos State Building Control Agency (LASBCA) has begun mass-issuing "Request for Documents" notices to property owners in Lagos State. Since the State's planning-permit amnesty window closed on 31 December 2024, LASBCA has intensified enforcement and commenced sealing properties across Lagos State, including in high brow areas in Ikoyi Victoria Island and Lekki.

What LASBCA Is Demanding

LASBCA is demanding property owners to provide a number of building control documents and evidence of compliance with extant building regulations. Some of the documents requested include:

1 LASBCA authorisation to commence construction/renovation

2 Approved drawings & structural details

3 Certificate of Completion & Fitness for Habitation

4 Occupier's Liability Insurance certificate

Legal Considerations For Property Owners

Firstly, it is important to note that under Section 47(e) of the Lagos State Urban & Regional Planning & Development (Amendment) Law 2019, LASBCA has wide powers to enforce building regulations in Lagos, Nigeria. Secondly, failure or even partial non-compliance empowers LASBCA to seal, demolish or levy administrative fines and to prosecute property owners pursuant to the extant building control regulations.

Third, it is important to note that there is no presumption of compliance. Thus, long-standing or occupied properties can be deemed non-compliant if approvals are missing, expired, or misaligned with "as-built" conditions. Fourth, several provisions of the extant building regulations suggest an intention to impose liability irrespective of knowledge or intention. This suggests that occupiers and property owners may be penalised simply for being in control of a non-compliant structure and may be held responsible for breaches carried out by contractors, former owners, or tenants.

Lastly, there is often limited time to appeal or regularize. Once enforcement begins, an ineffective legal response can be costly given the wide enforcement powers granted to the LASBCA under extant building and urban planning regulations.

Conclusion

Given LASBCA's broad discretionary and enforcement powers under the Urban and Regional Planning legal framework, it is essential to engage experienced legal counsel early to review any demand notices, evaluate potential risks, and advise on the most effective course of action.

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.

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