How to Avoid Demolition of Unapproved Structures in Ogun State, Nigeria

Introduction

Constructing a house, shop, fence, or any building without the proper approvals may seem like a way to save time or cost—but in Ogun State, doing so can lead to serious consequences: sealed off buildings, fines, partial or total demolition, legal battles, loss of investment, and sometimes danger to life and property. For many property owners, developers, and residents, the risk of having their structure demolished is real and often avoidable.

This article aims to provide a full guide on how you can avoid demolition in Ogun State by ensuring your structure is compliant; it covers the laws, the approval process, common violations, enforcement practices, how to regularize, what mistakes to avoid, and practical tips. If you want your building to stand secure, to be legally safe, and to protect your investment, please read carefully. At the end, there’s a call to action so you can take steps now.

Legal & Institutional Framework

First, it helps to know what laws, policies, and institutions govern construction, building approvals, and the consequences of unapproved structures in Ogun State.

1. Ogun State Urban and Regional Planning Law (2005)
   This provides the legal basis for town planning, master plans, building control, development permits, layout approvals, and enforcement.

2. Planning and Development Permit Regulations / OGPDPA
   The Ogun State Planning & Development Permit Authority (OGPDPA) is responsible for issuing permits for developments, checking compliance, and enforcing planning laws. Authorities use planning permit regulations to determine what is allowed, and to follow up on unapproved developments.

3. Building Production and Management Authority (OGBPMA) Regulations
   Ogun State has regulations that govern safety of construction, insurance (for larger buildings), structural stability, building codes, professional certification etc.

4. Enforcement & Monitoring Agencies
   These include the Ministry of Physical Planning & Urban Development, OGPDPA, OGBPMA, Surveyor‑General’s Office, Lands/Bureau of Lands & Survey, Local Government Planning Offices.

5. Government Policy on Regularization / Penal Fees / Amnesty
   The government has sometimes created windows of opportunity for owners of unapproved buildings to regularize their structure (get the approvals after the fact), often with reduced penal/penalty fees.

6. Precedents
   Several cases in Ogun State where unapproved or non‑compliant structures were sealed, partially or totally demolished (e.g. DATKEM Plaza case in Ijebu‑Ode). Independent Newspaper Nigeria+3Thisdaylive+3The Gazelle News+3

Why Demolitions Happen — What Triggers Enforcement

To avoid demolition, you must understand what commonly causes structures to be targeted, so you can avoid those pitfalls.

Steps to Take to Avoid Demolition

Here are detailed, practical steps you (as owner, developer, or buyer) can take to ensure your structure is compliant and safe from risk of demolition.

1. Due Diligence Before Purchase / Before Building

• Verify Land Title & Ownership
  Always ensure you have or can obtain valid title documents: Certificate of Occupancy (C of O), or other recognized ownership proof from State lands office.

• Check Existing Permits / Approvals
  When buying land or property, ask for planning permits, layout approvals, approved building plans. If you are existing owner, check if any of your documents are already approved.

• Survey & Boundary Verification
  Engage a licensed surveyor to carry out a survey and prepare a survey plan; verify that boundaries are properly marked; confirm no encroachment into road reserves, rights of way, easements, waterways.

• Review Local Zoning / Layout Plans
  Is your location in an approved layout? Are there zoning laws or estate bylaws? Are there height, design, color, material, or aesthetic restrictions in estates or neighborhoods?

2. Secure Approvals / Permits Before Construction

• Obtain Physical / Development Planning Permit
  Before you begin construction, apply to OGPDPA (or the relevant planning permit authority) for approval. Provide all required documentation: survey plan, ownership title, layout plan, building plan, elevations, structural plan (if applicable), safety features etc.

• Ensure Professional Sign‑Off
  Employ certified professionals: surveyor, architect, engineer. Their involvement ensures plans are drawn according to code, safety, materials, structural integrity etc.

• Insurance & Safety Compliance
  For structures above certain sizes or stories, ensure you obtain required insurances (e.g. All Risk Insurance certificate in Ogun for buildings above two floors). Ensure safety standards (drainage, fire exits, structural stability etc.) are met. The Guardian Nigeria

• Consider Environmental & Community Impacts
  Avoid building in flood zones, on waterways, under high tension lines, in restricted areas. Ensure your construction doesn’t block drainage, or violate public utility corridors.

3. Monitoring & Staying Compliant During Construction

• Stick to Approved Plans
  Do not deviate: avoid adding extra storeys, enlarging building footprint, changing setbacks or façade without getting fresh approvals or amendments.

• Supervise Quality of Construction
  Use quality materials, follow structural engineering specifications, engage reputable builders. Poor construction could be deemed unsafe and may trigger enforcement.

• Keep Records & Inspections
  Maintain records of approvals, correspondences, payments, contractor agreements, receipts. Allow or request inspections by government when needed.

4. Be Responsive to Notices & Enforcement

• Serve & Heed Notices
  If government issues notices of contravention, stop‑work orders, or demands for compliance, respond promptly. Seek clarifications if needed.

• Regularize Early If Needed
  If your building is already constructed without approvals or has deviations, consider regularizing: applying for permit retroactively, paying penalty or penal fees while complying with standards. Ogun State has in the past provided slashed penal fees or grace periods for regularization. Nairametrics+3theaffairs.ng+3Radio Nigeria Ibadan+3

5. Engage Legal & Expert Advice

• Professional Consultation
  Architects, engineers, town planners can guide you in interpreting rules, drawing compliant plans, resolving disputes, applying for amendments.

• Legal Advice
  In controversial or deadline cases, or where enforcement action is imminent, get legal counsel to understand rights & obligations, ensure due process, potentially negotiate with authorities.

• Community / Local Government Liaison
  In many cases, local government / community or local council planning officers may have local knowledge: of frequent pitfalls, estate or area bylaws, informal local practices. Liaising with them helps avoid surprises.

Regularization & Remediation: If You’ve Built Without Approval

If you’re in the situation where your structure is already built (or partially built) without proper approval, here’s how to remediate and avoid demolition.

1. Admit the Issue Early
   Recognize where your building is non‑compliant: what deviation, what missing documents, what non‑approved work.

2. Check whether an Amnesty or Penal Reduction is available
   Ogun State has periodically declared grace periods, suspended penalties, slashed penal fees to encourage regularization. If such a window is open, use it. Independent Newspaper Nigeria+1

3. Submit Retroactive or “as‑built” Plans
   Prepare as‑built drawings showing what has been built; submit them for approval. You may need to engage professionals to certify structural soundness etc.

4. Pay Required Fees / Regularization Penalties
   Part of regularization is paying penal fees. Sometimes these are reduced. Make sure you obtain the official fee schedule from the relevant authority.

5. Make Necessary Adjustments / Corrections
   If deviations are too great (too high, incorrect setbacks etc.), you may need to alter or remove parts of structure to comply.

6. Obtain Permit / Certificate of Compliance
   Once regularized and compliant, get all required formal approvals, certificates, and ensure your building records are up to date.

Common Mistakes & How to Avoid Them

Here are mistakes people often make (which lead to demolition or enforcement), and what to do differently.

Consequences of Non‑Compliance (What Is at Risk)

Knowing what you might lose or suffer can motivate compliance.

• Demolition / Partial Demolition of the structure. As in the case of DATKEM Plaza, non‑compliance led to demolition of parts. Trending News+1

• Sealing of Building / Loss of Use so you can’t use it or rent it until compliance. thewillnews.com+1

• Fines & Penal Fees that may be far higher if you delay; also cost for correcting deviations.

• Loss of Investment / Wasted Expenses building without permit, only to have to remove or modify.

• Legal Liability: if structure is unsafe, collapses, causes injury etc., you may be held responsible.

• Loss of Property Value or Difficulty in Selling: Buyers often require proof of compliant building permit, good title, certificates. Unapproved structures are riskier.

• Lack of Insurance / No Certification: Certain insurances or mortgages/loans may be impossible without proper approvals or compliance.

Case Studies & Examples

Examining real cases helps clarify what to avoid, and what was done wrong.

1. DATKEM Plaza (Ijebu‑Ode)

   • The developer built without maintaining conformity with the approved plan (setbacks, airspace) and ignored stop work orders. Thisdaylive+1

   • Government gave notices, attempted enforcement, but because developer ignored them, they proceeded with partial demolition. Thisdaylive+1

2. Sealing of Buildings in Isheri, Ifo Local Government Area

   • About 32 buildings were sealed off; many were built without planning permits or built beyond what was approved. thewillnews.com+1

3. Sealing of Buildings in Abeokuta & Ilaro

   • Ten buildings sealed in various parts of Ogun State for contravening regulation laws, including building beyond approved storeys, or using poor materials. Daily Post

4. Audit & Property Title Deadline Extensions

   • Ogun State has carried out audits requiring property owners to submit title documents or planning permits. Extensions were given, but failure to comply could lead to sealing or demolition. Nairametrics

Practical Checklist: Are You Safe From Demolition?

Here is a checklist you can use to assess whether your structure is at risk, and what you need to make sure is in order.

• Do you have a valid title / ownership document for your land?

• Is your survey plan current and accurate?

• Did you obtain a layout approval (if required), and is your building in a layout approved by the planning authority?

• Did you obtain a planning permission / development permit before construction?

• Are your building plans approved (including elevations, structural drawings etc.)?

• Is your building being constructed exactly according to the approved plan? (Height, setbacks, number of storeys, materials etc.)

• Do you have required insurance (if applicable)?

• Is your structure safe (does it meet building code, safety standards)?

• Have you responded or complied with any notices or stop work orders?

• If you built without approval, have you applied for regularization / retroactive approval?

• Are all fees / penal fees paid or arranged?

If the answer to any of these is “no,” you may be at risk, and you should take action.

How Authorities Typically Enforce Demolition in Ogun

Understanding how the government acts can help you anticipate what to expect and be ready.

• Monitoring & Physical Inspections
  Government agencies conduct routine patrols, inspections, urban audits to identify unapproved or non‑compliant buildings.

• Notices & Stop‑Work Orders
  Before demolition, often, the owner is served a notice of contravention, a stop‑work order, or several such notices. Thisdaylive+1

• Sealing / Restriction of Use
  If notices are ignored, property may be sealed off, operations (if commercial), tenancy may be stopped. thewillnews.com+1

• Demolition / Partial Demolition
  When earlier enforcement fails, the government may issue a demolition order and remove or demolish illegal parts of structures. The DATKEM case is an example. Thisdaylive+2The Gazelle News+2

• Penalties / Fines
  Legal penalties, fees for non‑compliance etc. Sometimes penal fees are slashed to encourage compliance, but if not regularized, full penalties apply. theaffairs.ng+1

• Public Announcements / Demolition Threats
  Sometimes government will publicly warn property owners to regularize, or threat demolition, or do audits to identify violators. Independent Newspaper Nigeria+2ogunradio.ng+2

Tips & Best Practices To Stay Compliant Long‑Term

To ensure your structure remains compliant and not subject to risk in future, consider these best practices.

• Document everything
  Keep all approvals, plans, correspondences, payment receipts, certificates. These are your defense if ever challenged.

• Use professionals
  Surveyors, architects, civil/structural engineers, town planners. They know regulations, codes, safety requirements, and can ensure compliance from the start.

• Stay updated with law/regulation changes
  Regulations may change: building codes, planning requirements, safety standards, etc. Be aware of announcements from OGPDPA, Ministry of Physical Planning, State Government.

• Maintain your building well
  Poor maintenance can lead to deterioration, causing safety concerns, which may bring about orders to remedy or even demolish if unsafe.

• Avoid shortcuts just because cost or speed is tempting. The costs of going wrong are usually much higher.

• Engage with local planning officers / checklists early
  Before design or construction, meet planning permit offices/local authorities to see what is expected in your particular zone.

Call to Action

If you are reading this and want to avoid facing a demolition order, here’s what you should do right now:

1. Audit your property / project: use the checklist above and honestly assess: Do you have all documentation? Is what you built matching the approved plans? Are there deviations?

2. If missing approvals, apply immediately for them: prepare survey, structural plan, layout, get a qualified professional to help, submit plans to OGPDPA or relevant authority.

3. Respond to any notices: If you’ve been served a stop‑work order, a notice of contravention, or asked to regularize—do it without delay.

4. Consult qualified professionals (architects, engineers, town planners, lawyers): to help you do things correctly and avoid future risk.

5. Pay required fees and regularization penalties: If there is a grace period or penal fee reduction, take advantage of it. Don’t wait for enforcement to escalate.

6. Ensure future compliance: ensure any further expansion or renovation is planned, approved, and supervised properly.

Conclusion

Avoiding demolition of your structures in Ogun State is not just a matter of luck, but of careful planning, following the law, ensuring approvals, and responding to enforcement when needed. Unapproved buildings risk life, property, investment, stress, and even potential legal liability.

By doing due diligence before building, obtaining the right permits, staying compliant during construction, regularizing when necessary, and using professional help, you can significantly reduce or eliminate the risk of demolition. Don’t wait until it’s too late; ensuring compliance from the start saves you money, stress, and preserves the value of what you build.

Contact Us

Chaman Law Firm 115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos 📞 0806 555 3671, 08096888818,📧 chamanlawfirm@gmail.com 🌐 www.chamanlawfirm.com