Step-by-Step Guide to Regularizing Unapproved Buildings in Lagos

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Introduction

In a fast-growing megacity like Lagos, the pace of development often outstrips the speed of regulatory oversight. Many property owners, developers and occupants find themselves with structures that were begun or completed without full official approval. Such “unapproved buildings” pose a range of risks: legal sanctions, fines, demolition, difficulty in resale or financing, and worse still, structural collapse and loss of life. The good news: the state government is increasingly taking action to enforce compliance, but also offering pathways for regularisation. For building owners in Lagos, understanding how to bring an unapproved building into full legal conformity is critical.

In this article, we provide a step-by-step guide to regularising unapproved buildings in Lagos. We cover: the relevant legal and regulatory framework; how to assess whether your building is unapproved; the risks you run; how to initiate the regularisation process; key documentation and approvals; working with the relevant agencies; timelines, costs and pitfalls; and what to do once your approval is secured. At every stage we include concrete recommendations, pro-tips, and calls-to-action so you can move forward decisively. If you own or manage an unapproved structure, consider this your roadmap to compliance—and to protecting your investment.

Call to Action: If you suspect your building may lack full approval, now is the time to act before enforcement catches up. Use this guide to take the first steps today.

1. Why regularisation matters

1.1 Legal and regulatory framework

In Lagos State, building development, physical planning and control fall within the competence of the state government. For example, the Lagos State Building Control Agency (LASBCA) is empowered to enforce building control. Vanguard News+1 Meanwhile the Lagos State Physical Planning Permit Authority (LASPPPA) is responsible for issuing planning permits, and the Ministry of Physical Planning and Urban Development sets broader planning policy. The state’s legal basis includes the Lagos State Urban and Regional Planning and Development Law (2019) among others. guardian.ng+1
Unapproved buildings violate one or more of the required approvals: from layout, planning permit, building permit, structural certification, occupancy certificate, etc. These violations render the building exposed to enforcement action.

1.2 Risks of non-compliance

Failing to regularise an unapproved building in Lagos leaves you open to:

Stop-work orders, sealing of the property, fines and legal sanctions. Independent Newspaper Nigeria+1
Demolition: The state has already gone on demolition drives of unapproved buildings. For example, LASBCA began demolition in Ikeja GRA of unapproved and altered structures. Nairametrics+1
Difficulty in resale, refinancing or obtaining a bank mortgage: Most banks require proof of all permits and occupancy certificates.
Safety hazards: Many unapproved buildings lack proper oversight; in Lagos there have been building collapses tied to non-compliant development.
Depreciation of asset value, risk of insurance not covering disasters if building is illegal, and loss of investment.

1.3 Why now is the time

The Lagos State Government has signalled stricter enforcement: recent instances include giving a two-week ultimatum to structures at the Trade Fair Complex to regularise. Nairametrics+1 Also, the government introduced an amnesty window for building permit regularisation (1 Nov – 31 Dec 2025) where owners can regularise without penalty. Independent Newspaper Nigeria+1
Thus, for property owners, the window of opportunity to regularise on favourable terms is available—but may not last forever. It’s advisable to act promptly.

2. Step-1: Assess the Approval Status of Your Building

2.1 Identify what “unapproved” means

An “unapproved building” can take several forms:

A building constructed without any prior planning or building permit.
A building where construction deviated substantially from approved plans (e.g., additional floors, change in usage) without obtaining amendments.
A building whose layout, subdivision or change of use was not approved. For example, 176 estates were declared illegal due to unapproved layouts in Lagos. Nairametrics+1
A building lacking a certificate of completion or certificate of fitness for habitation.
A building whose structural stability, survey or other required documentation is missing or defective.

2.2 Gathering basic information

Start with collecting the following:

Proof of land ownership (Certificate of Occupancy, deed of assignment, etc).
Survey plan of the plot.
Approved building plan / permit (if any).
As-built drawings and structural drawings.
Any correspondence from LASPPPA, LASBCA, or the Ministry of Physical Planning & Urban Development.
Occupancy certificate or certificate of completion (if available).
Correspondence about notices, stop-works or enforcement to your building.
Photographs of the building and any deviations from approved plan.
Having all documents in one place allows you to assess whether you have full approval, partial approval or none at all.

2.3 Conduct a gap analysis

Once you have your documentation:

Compare what was approved (if any) versus what was built. Have you added floors, changed use, extended without approval?
Check whether the layout/subdivision is approved. As in estates being flagged for unapproved layouts. Channels Television
Check whether an occupancy certificate or completion certificate exists.
Check whether structural certification, survey compliance and tax compliance are met.
Identify missing documents: survey plan, as-built drawings, structural reports, indemnity letter, etc.

2.4 Recognise whether you qualify for amnesty or regularisation

If your building is already built without full compliance, you may qualify for retrospective regularisation. Recent amnesty initiatives show that the state is offering relief windows. For example, the 61-day 2025 amnesty where penalty waivers apply. Independent Newspaper Nigeria+1
If the building was built without any approval, you will need to apply for retrospective approvals (as-built building plan, regularisation permit) and possibly incur fees/taxes depending on timing and status.

Call to Action: Pause construction or occupancy if you’re unsure of your approval status. Use the checklist above to audit your building and gather your documents before proceeding.

3. Step-2: Understand the Regularisation Pathways and Choose the Suitable One

3.1 Types of regularisation

There are broadly three pathways:

Retrospective approval of an already-constructed or partially-constructed building without prior permit – you apply with “as-built drawings”, submit structural/technical reports, and regularise.
Amendment of existing approvals due to deviation from plan – if you deviated from an approved plan (change of use, extra floors, extension), you apply for variation.
Full fresh approval for new construction going forward – if you have not yet begun construction, apply for new building permit and avoid the “unapproved” status.
Some owners may need to use both pathways: regularise past work and secure fresh approvals for new phases.

3.2 The 2025 Amnesty Scheme in Lagos

As of November 1, 2025 the Lagos State Government reopened a 61-day amnesty programme during which property owners with unapproved buildings can obtain planning permits without paying statutory penalties. Independent Newspaper Nigeria+1
Key points:

Period: 1 Nov – 31 Dec 2025 (61 days) in Lagos State.
Applies to residential, commercial, industrial properties existing without planning permit.
Penalty waiver for statutory penalties (though you still must submit required documentation).
After the deadline, regularisation may incur full penalties and enforcement will increase.
If you qualify, this is a time-sensitive opportunity to act. Missing the deadline may raise costs, increase risk of demolition, and reduce flexibility.

3.3 Enforcement environment

The state is actively enforcing compliance. Examples:

The Ministry of Physical Planning issued a two-week ultimatum for structures at the Trade Fair Complex to regularise or face demolition. Nairametrics+1
LASBCA began demolition of unapproved buildings as the previous amnesty window ended. Business Times Nigeria+1
Thus, choosing to delay regularisation increases risk significantly.

3.4 Which pathway suits your case?

If your building has no permit at all → Use the retrospective approval pathway; aim to file during the amnesty.
If your building has a permit but major deviations occurred → Use the amendment/variation process.
If building is yet to be built or you’re planning phase 2 → Seek fresh permit and comply from start to avoid penalties later.
If you already received notices/enforcement action → Prioritise regularisation immediately; consult legal/technical adviser about potential sanctions.

Call to Action: Choose your pathway now, commit to deadlines and engage any necessary professionals (architects, structural engineers, surveyors) to support your application.

4. Step-3: Assemble Required Documentation

4.1 Core documents typically required

While requirements vary by building type (residential, commercial, industrial) and size, common documentation includes:

Proof of land ownership or authorised occupancy (Certificate of Occupancy, etc).
Survey plan (by a licensed SURCON-registered surveyor) showing plot boundaries.
As-built architectural drawings (if the building is already constructed).
Structural drawings (and where applicable mechanical/electrical drawings).
Non-destructive integrity test report (if applicable) to certify unsafe or altered structure. ome.construction
Letter of structural stability and indemnity (for buildings that were built without proper foundation or approval).
Land-use planning analysis report (confirming compliance with zoning, setbacks, floor area ratio).
Tax compliance certificates (land use charge, property tax).
Occupancy certificate (if building already in use) or application for same.
Any prior approval correspondence or permit reference.
Payment receipts for application fees and other charges.
Evidence of compliance with building control agency (LASBCA) requirements, safety standards, fire safety, emergency exit, etc.

4.2 Documentation for Amnesty application

Under the current amnesty (2025) documentation must be complete; missing documents will jeopardise approval despite penalty waiver. ome.construction
Specifically:

“Amnesty approval is only granted to applicants with complete documentation.” ome.construction
Important: It is better to pause occupancy or further alteration until approval is granted; moving ahead without documentation may invalidate your application.

4.3 Hiring the right professionals

You will likely need to engage:

A registered architect to produce architectural drawings (or as-built drawings).
A registered structural engineer for structural drawings, stability report, integrity test.
A licensed surveyor (SURCON-registered) to provide survey plan.
Possibly town-planner or land-use consultant for zoning/land-use compliance.
A building control consultant familiar with LASBCA/LASPPPA processes (optional but helpful).
These professionals will prepare your documents, ensure compliance with regulations, and liaise with agencies.

4.4 Keeping proper records & cross-checking

Ensure that each document bears a professional seal and signature (architect, engineer, surveyor).
Cross-verify that drawings submitted match what is built on site.
Retain receipts and correspondence for all submissions.
Make multiple copies of documents and keep digital backups.
Document any deviations from approved plans and file amendments.

Call to Action: Begin immediately to engage and pay your professionals to prepare required documents. The sooner you get documentation ready, the faster you can file your application and benefit from any amnesty window.

5. Step-4: Submit Application to the Relevant Agency

5.1 Determine the correct agency

In Lagos, depending on the aspect of approval you’re seeking:

For planning permits: LASPPPA.
For building control/fitness: LASBCA.
For layout/subdivision (especially estates): Ministry of Physical Planning & Urban Development. For example, 176 estates were declared illegal for unapproved layouts by that Ministry. Nairametrics+1
For amendments/variations: same agencies but filing the variation form.
Confirm the current procedure and office of submission (online or physical). Many agencies are increasingly moving to digital submission portals.

5.2 Filing the application

Complete the official application form: indicate whether it is retrospective regularisation, amendment, or fresh permit.
Attach all required documents (as per Step 3).
Pay the required application/premiums fees.
Attach proof of land use charge, property tax compliance, etc.
If applying under an amnesty window, attach proof or checklist that you qualify.
If your building is already occupied, you may need to apply simultaneously for “certificate of completion and fitness for habitation”.
Submit the application and obtain an official receipt or tracking number.
Monitor the progress of your application: liaison may be necessary to follow up.

5.3 Typical processing stages

Though timelines vary, you can expect:

Screening: Agency checks completeness of application.
Technical review: Architectural, structural, zoning, survey documents reviewed by agency staff or external consultant.
Site inspection: The agency may inspect the building to verify as-built condition, deviations or safety issues.
Payment of permit fees (if any) and issuance of permit/approval certificate.
For already occupied buildings: Issuance of certificate of completion/fitness for habitation.
Registration of permit with relevant land registry/agency for public record.

5.4 Possible causes of delay & how to avoid them

Delays are common if:

Documentation is incomplete or inconsistent.
Deviations are substantial and require redesign or demolition.
Survey or land use issues unresolved.
Outstanding taxes or charges.
Multiple changes of professional consultants mid-process.
To avoid delays: ensure documentation is complete, coordinate with your consultant team, pay required taxes, respond promptly to regulatory queries, and avoid further construction until approval is granted.

Call to Action: Submit your application as soon as your documents are ready. Ensure you monitor its status weekly, respond to any requests from the agency promptly, and keep your consultant team engaged to push things forward.

6. Step-5: Attend Site Inspection & Address Compliance Issues

6.1 Preparing for inspection

Once your application is accepted, the agency may schedule a site inspection. To prepare:

Clean up the site and ensure safe access.
Have your consultant team on-site (architect/engineer) to explain any as-built changes.
Provide all drawings, plans and permits for inspection.
Be ready to show deviations if any and how they’re being mitigated.
Ensure structural safety: foundations, columns, beams, blocks, staircase, fire exits must be safe and clearly marked.
If you converted usage (e.g., residential to commercial) ensure fire safety, emergency exits, parking, and zoning are compliant.

6.2 What inspectors look for

Whether the building matches the approved plan or has deviations.
Setbacks, floor area ratio, height, plot coverage compliance.
Structural adequacy and safety certification.
Proper site drainage, environmental compliance, access road clearance.
For occupied buildings: fire safety equipment, emergency exits, occupancy certificate or readiness for same.
That the building is not located on restricted zones (pipeline corridors, drainage channels, rights-of-way). As examples in Ikeja GRA many buildings were flagged for being built across rights-of-way. Nairametrics
Valid tax payments, charges and other statutory obligations.

6.3 If deficiencies are found

The inspector may issue a “show-cause” notice or request remedial works. You should:

Immediately engage your professional consultants to draft remedial plan.
If structural works are needed (e.g., beam reinforcement, removal of unauthorised floor), carry these out promptly.
Retain all receipts, photographs and engineer’s certification of remedial.
Once remedial works are completed, request a re-inspection from the agency.
Document everything in case future queries arise.

6.4 After inspection and remedial compliance

Once the agency is satisfied, they issue the final approval (planning permit, occupancy certificate, variation approval).
Secure physical copies of certificates and ensure you register the permit as required by law.
Place a copy of the certificate in a visible place on the building (some agencies require posting).
Retain digital copies of all documents for future reference, sale or financing purposes.

Call to Action: Don’t wait to be visited; proactively prepare your site and consultant team for the inspection so that you avoid costly rejections or additional remedial works.

7. Step-6: Payment of Fees, Registration & Moving Forward

7.1 Fees and charges

Even under an amnesty you will likely need to pay application fees, processing fees, and statutory charges (though penalties may be waived). For non-amnesty cases, retrospective approvals may incur high premiums and surcharges.

Confirm with agency what your payment obligations are.
Secure official receipts for all payments.
Many agencies now support online payment; but ensure you verify authenticity.
If you fail to pay within required time, approvals may be withheld or invalidated.

7.2 Registration of permit

After approval, ensure the permit is properly registered:

With LASPPPA (planning permit) or LASBCA (building control).
In some cases, with the Land Registry or State land information system.
Store the permit certificate, stamp, file numbers, and payment receipts safely.
Make sure the permit states conditions of use, validity period (if any), renewal obligations.

7.3 Obtaining Certificate of Completion / Fitness for Habitation

If your building is already occupied or soon to be occupied:

You must apply for the Certificate of Completion & Fitness for Habitation (from LASBCA typically). Vanguard News+1
Provide the as-built compliance reports, fire safety certificate, occupancy plan, etc.
This certificate becomes essential for sale, rent, insurance, financing and occupancy.

7.4 Document your new compliance status

Display the permit or compliance certificate in the building foyer.
Update your property file/folio to reflect the legal status.
Inform your tenants (if any) about the new legal status, as this builds confidence.
When selling or renting, highlight that the building is fully regularised—this becomes a competitive advantage.

7.5 Continuous compliance & renewal

Some permits may require renewal after a specific period—check the validity.
Maintain compliance: don’t carry out further structural changes, additions or change of use without fresh approval.
Stay current on property taxes, land use charges, building maintenance, fire safety inspections.
Ensure you keep monitoring notices from regulatory agencies and respond appropriately.

Call to Action: Once your permit is granted, celebrate—but don’t stop there. Secure your certificate, register it, and keep your building’s compliance status updated and documented.

8. Step-7: Post-Approval Best Practices & Mitigating Future Risks

8.1 Leveraging your compliance for value

Now that your building is fully regularised:

Update your sale/lease documentation to reflect legal compliance — this improves marketability and financing prospects.
Apply for favourable mortgage/loan terms: banks favour properties with full regulatory status.
If you’re a developer/operator: you can proceed with further phases, expansions, or sub-letting with less regulatory risk.
Ensure you inform your insurance provider that the building is legal; this can reduce premiums or increase claim eligibility.

8.2 Monitoring future regulatory change

Regulatory frameworks evolve:

Stay aware of state government bulletins, changes in planning law or building control codes.
For example, Lagos has recently stepped up enforcement and amnesty programmes. Nairametrics+1
Pro-actively engage your consultant network for updates: architects, surveyors and building control professionals.

8.3 Planning for expansion or change of use

If you plan to add floors, convert usage, or develop further, you must:

Submit variation/amendment applications before commencing works.
Ensure the amended plan meets the latest building code, fire safety, parking, access.
Avoid retroactively building and then seeking approval — this can result in heavy penalties.

8.4 Maintenance and safety compliance

Regular inspections and maintenance ensure the building remains fit and compliant:

Structural inspections, especially if building is older or had retrospective approval.
Fire safety checks, electrical system checks, emergency egress spaces.
Ensure no unauthorised modifications are done by tenants or owners that breach the permit.
Keep records of maintenance, renewal of fire safety certificates, any modifications made.

8.5 Risk management: enforcement still applies

Regularisation does not mean you can ignore compliance:

If you add floors or change use without fresh approval, you risk enforcement, sealing or demolition (recently seen at Trade Fair Complex). Vanguard News
If you neglect structural safety, you risk collapse, which has human, financial and legal consequences.
If you fail to pay land use charges or taxes, your permit may be revoked.
Therefore, stay proactive and treat regulatory compliance as an ongoing obligation, not a one-off.

Call to Action: Use your newly legal status to increase your property’s value but commit to an ongoing compliance strategy—schedule annual inspections, maintain records, and monitor for regulatory change.

9. Case Studies & Recent Enforcement Trends

9.1 Enforcement at Trade Fair Complex, Ojo

In October 2025, the Lagos State Government issued a two-week ultimatum to developers and occupants at the Trade Fair Complex, Ojo to regularise their buildings or face demolition. Nairametrics+1
The government noted that the area had become characterised by “unsafe and haphazard structures” lacking valid planning permits. The enforcement was carried out in line with planning laws and the sustainable development goals of safe, inclusive cities.
Lesson: Even in long-established complexes, enforcement is active—regularisation is not optional.

9.2 Declaration of 176 Illegal Estates

In August 2025, the Ministry of Physical Planning & Urban Development declared 176 estate developments in Eti-Osa, Ajah, Ibeju-Lekki and other axes illegal for failing to obtain mandatory layout approvals. A 21-day ultimatum was given to begin regularisation. Nairametrics+1
Lesson: Even large-scale estate developers can fall foul of layout-approval requirements; every property must conform.

9.3 Amnesty programmes and demolition drives

The government has combined a carrot-and-stick approach: offering amnesty windows (e.g., 2025 61-day amnesty) to regularise without penalty. Independent Newspaper Nigeria+1 On the stick side: after amnesty windows expire, demolition of unapproved buildings has been active. E.g., LASBCA began demolition of unapproved buildings after the 2024 deadline. Nairametrics+1
Lesson: There is a defined incentive and a deadline—delay means higher risk.

9.4 Implications for property owners

Owners who act early and do the regularisation during an amnesty save on penalties, reduce risk of demolition, and improve their asset’s value.
Those who wait may face full enforcement, heavy fines or total loss of structure.
Banks and financiers increasingly check for regulation compliance before lending; non-compliance can block financing.
Insurance companies may exclude claim coverage for illegally constructed/occupied buildings.

10. Cost Considerations & Financial Planning

10.1 Cost components of regularisation

While costs vary widely depending on building size, complexity and degree of non-compliance, major cost heads include:

Professional fees: architect, structural engineer, surveyor, consultant.
Survey and testing fees (integrity test, non-destructive test).
Application/permit fees charged by LASPPPA, LASBCA or the Ministry.
Penalties (if outside amnesty period) or premium charges.
Remedial works: if the building deviated substantially, you may need to demolish part, reconstruct, reinforce structure.
Tax and land use charge arrears (if any).
Internal costs: possibly temporary relocation of occupants, downtime in rental revenue, materials/testing lag.

10.2 Cost saving strategies

Use the amnesty window: penalty waiver saves significant money.
Early audit: catching deviations early is cheaper than years of non-compliance.
Engage consultants with experience in Lagos regulatory processes so you avoid repeated submissions/rejections.
Bundle professional services (architect + engineer + surveyor) for efficiency.
Negotiate payment schedules with your team where possible; ensure deliverables are clear.
Prioritise structural safety — remediation of major defects late is very costly.

10.3 Return on investment

Once regularised, your property becomes more marketable—for sale, lease, or financing.
Risk of demolition or enforcement is significantly reduced, protecting your investment.
Legal compliance may lower insurance premiums or increase insurability.
You gain peace of mind and credibility among tenants, buyers, lenders and regulators.

10.4 Financial planning timeline

Week 0-4: Audit & engage professionals – budget for consultant fees.
Week 4-8: Document preparation – architectural drawings, survey, structural test reports – budget for testing, stamp duty, prints.
Week 8-12: Submit application – pay application fees, expect possible variation or remedial cost if inspection finds issues.
Week 12-20: Inspection, remediation, final approval – budget for remedial works.
Ongoing: Permits renewal, maintenance, tax compliance.

Call to Action: Create a dedicated budget line for regularisation. Start by requesting fee quotes from your consultant team and estimating remedial costs. Then take advantage of the amnesty before costs escalate.

11. Frequently Asked Questions (FAQs)

Q1. My building was completed years ago without a permit—can I still regularise it?
Yes, you can apply for retrospective approval or regularisation. With the 2025 amnesty programme in Lagos, you may qualify for permit without penalty if you apply within the window. Independent Newspaper Nigeria+1
However, you must submit full documentation and may still incur costs for professional services and remediation.

Q2. We built extra floors beyond the approved plan—what do we do?
You must apply for an amendment/variation to the approved plan: submit as-built drawings, structural engineer’s certification, and survey plan showing the extra floors. The agency may require part demolition or retrofitting if the added floors compromise structural or planning parameters.
Delaying this is risky—the state is enforcing demolition of significant deviations. Nairametrics

Q3. We are occupying the building already—can occupancy continue during the application?
That depends. If the building is safe and you’ve applied for the necessary certificate (Completion & Fitness), you may continue occupancy. But if inspectors note significant safety violations, you risk stop-work orders or evacuation. It is advisable to limit occupancy until the approval process is reasonably advanced.

Q4. What happens if I miss the amnesty deadline?
After the amnesty (e.g., after 31 Dec 2025 for the 61-day window), the state will resume full enforcement: penalties, fines and demolition risks increase. ome.construction
You’ll likely face higher costs of regularisation and reduced negotiating power with regulators.

Q5. Does regularisation guarantee no further enforcement?
While regularisation secures legal compliance as of the approval date, you must maintain compliance: any further modifications without approval, failure to renew permits, or serious structural changes may again attract enforcement.
Think of it as securing the baseline—future changes must still be approved.

Q6. Can I handle this myself without consultants?
Technically, yes—but given the complexity of building control, structural issues, survey plans, and regulatory processes in Lagos, engaging experienced professionals is strongly recommended. Incomplete or incorrect documentation is a major cause of rejection or delay.
Moreover, in the amnesty scheme, one of the conditions is documented compliance with professional drawings and reports. ome.construction

12. Conclusion: Take Action Now

Regularising an unapproved building is a substantial undertaking—but one that carries enormous benefits: legal protection, increased property value, ease of financing, and peace of mind. The regulatory trend in Lagos is clear: enforcement is increasing, amnesty windows are time-limited, and non-compliance carries escalating risk.
For building owners in Lagos, the best time to act is now. Use this step-by-step guide to assess your status, choose your pathway, gather documentation, apply, inspect, secure approval, and maintain ongoing compliance.

Final Call to Action: Don’t wait for enforcement to catch up with you. Audit your building’s approval status today, engage your consultant team, prepare your documents, and submit your application during the current amnesty window. Protect your investment—regularise now, so your building stands legally, safely and profitably for years to come.

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