WHAT IS LAND REGULARISATION
Land regularization is generally understood as the process of public intervention in illegally occupied zones to provide urban infrastructure improvements and to recognize ownership titles or other occupancy rights. Regularization policies are needed in many developing countries to reverse irregular and sometimes illegal development patterns, such as when land is occupied and housing is built before infrastructure improvements and legal documentation are put in place
1. PREAMBLE
In 1980, during the first Civilian Administration in Lagos State, an inventory of illegal development within Government acquired land (by Acquisition/Relocation Orders) was undertaken and about five thousand buildings were identified. This huge figure informed the Land Policy Administration which approved that all such illegal development which were not blocking roads, drainage and not within committed arrears should be granted Building Plan approval after the payment of =N=1,000.00 (One Thousand Naira only) penal fee among other Statutory Processing Fees. Only twenty per cent of the affected buildings benefited from this Policy before the Military took over Government in 1984/85. In 1985, the need to accommodate the squatters increased as the acquired land became easily accessible to the low-income group for shelter. This brought about a review of the land Policy on developments within Government Acquisition. The Review gave birth to the process of Ratification and Regularization of land holdings within non-committed Government Acquisition.
In essence, Regularisation (previously referred to as Ratification) is a policy of grace and is the processes whereby squatters on uncommitted Government Land are given an opportunity to obtain legal title to the land encroached upon from the State Government. It is the process of allocating Government land to someone who had previously occupied landed property without lawful authority from the State Government. Regularisation is subject to two (2) basic conditions
(i) That the property must not be situated in a Government Scheme, Estate or Committed Area.
(ii) The property must be situated within an area that conforms with Urban and Regional Planning regulations and standard of the State.
Initially, the Regularisation exercise was based on conformity of properties with prepared Schemes/Layout Plans for some of the Ratification Areas. Thereafter, Property Regularisation was extended to areas without Development Schemes/Layout Plans hence, the emergence of unplanned developments. Besides, the process became more cumbersome due to inputs of various agencies required in the determination of applications as well as lack of equipment, Satellite imageries, developmental maps and schemes for the areas. The new policy on Regularisation of title to land will enhance the development of properly planned Neighbourhoods within Regularisation areas and thereby discourage development of future blighted areas.
2. AIMS OF THE REGULARISATION EXERCISE
• To simplify and accelerate the process of Regularisation of land titles (by the grant of a Certificate of Occupancy) in circumstances where Government land has been encroached upon.
• To process and accelerate the grant of building plan approval for properties falling within Government acquisition.
3. OPERATIONAL STRUCTURE OF THE REGULARISATION EXERCISE
A specific directorate has been created for the regularization exercise. The new directorate is called The Directorate of Land Regularisation and is under the Ministry of Lands. It is designed to operate as a “one-stop shop” for Regularisation of Title. The Directorate of Land Regularisation (hereinafter referred to as DLR) is charged with the responsibility of processing applications for the Regularisation of title to land by the grant of a Certificate of Occupancy in exceptional circumstances as regards land falling within Government Acquisition. The DLR is also charged with the responsibility of processing applications for the grant of building plan approval under the same circumstances as above (i.e. circumstances where structures/buildings have been erected on land falling within Government Acquisition). It should be noted that the Ministry of Physical Planning and Urban Development is still the Government body responsible for the processing and grant of normal building plan approval.
4. THE PROCEDURE FOR REGULARISATION OF TITLE
Stage One. Applicant submits application for Regularisation to the DLR for processing.
Stage Two. The DLR will chart the survey plan and thereafter carry out site inspection of the land.
Stage Three. If the report of the site inspection is approved, the DLR processes the file further by raising a Demand Notice for payment for land charges.
Stage Four. Upon payment of land charges by the applicant (evidenced by treasury receipt) the DLR prepares the letter of allocation (including C of O) and forwards the letter of allocation to the Executive Secretary Land Use and Allocation Directorate for endorsement. Letter of allocation is thereafter released to the applicant.
Stage Five. The applicant’s file containing the Certificate of Occupancy is sent through the Permanent Secretary to the Hon. Commissioner for Lands for execution.
Stage Six. Upon execution of the C of O by the Hon. Commissioner for Lands, the C of O is processd for Stamp Duty and Registration and released to the applicant by the Hon. Commissioner for Lands.
The policy of the Directorate is that applicants will receive their Certificate of Occupancy within 30 working days from the date the Directorate receives evidence of payment of land charges.
5. AGENCIES INVOLVED IN REGULARISATION
The following are the government agencies that may need to be consulted:
Ministry of Physical Planning and Urban Development
If the proposed Land Use does not conform with the zoning the applicant is advised to apply for Charge of Use from the Physical Planning Department.
Lagos State Urban Renewal Authority
All applications within blighted areas or LASURA Scheme are referred for clearance so that the service plots could be preserved. One of the cardinal objectives of the Authority is the identification of slum areas and preparation of scheme on same.
Surveyor-General’s Office
Land Information Certificate is issued by the State S.G’s Office and at times applications are referred again for more details.
Land Use and Allocation Directorate
Regularisation of title is basically an indirect allocation of land. As regards Regularisation, it is the responsibility of the LUAD to issue letters of allocation.
Ministry of Environment
All applications close to or within drainage alignment, wetland, and flood plain swamps are referred to the Drainage Office for clearance as necessary.
6. DOCUMENTS REQUIRED FOR REGULARISATION
(a) A covering letter by the agent or person filing the application for regularisation must accompany the application. This covering letter must contain the following contact details: address, telephone numbers, mobile phone numbers and where possible an e-mail address.
(b) A duly completed application made on (Land Regularisation Form 1) obtainable from the Lands Bureau. Alternatively, the Form will shortly be available by down loading same from the Lagos State Government web site at www.lagosstate.gov.ng. The Form must be dated and signed by the applicant and sworn to before a magistrate or notary public
(c) Four passport sized photographs of the applicant
(d) Land Information Certificate
(e) Photocopy of Purchase Receipt duly stamped
(f) Current Special Development Levy
(g) Tax Clearance Certificate or Electronic Tax Clearance Certificate
(h) Sketch Map of Site Location
(i) Original Survey Plan
(j) Where building plan approval is required, the additional requirements are as follows:
• 5 Sets of Architectural Drawings
• 5 Sets of Structural Drawings
• Clearance Letter in lieu of Title Documents
• Sunprint Copy Of Survey Plan
• Coren Letter of Supervision
• Calculation Sheet
• Sworn Affidavit in Lieu of Tenement Rate
• EIA report if land Title to be granted is commercial (2Copies)
• Payment of processing fee for building plan approval
• Photograph of property
7. FACTORS TO BE CONSIDERED PRIOR TO GRANTING APPROVAL FOR REGULARISATION.
It must be noted that only applications that meet specific criteria will be approved for Regularisation. Thus applications that fall foul of certain basic requirements will not be approved for Regularisation. Some of the basic requirements include (but are not limited to) the following:
• The appropriate Set-back must be observed.
• The appropriate distances from drainge systems, canals, NNPC pipeline, Gas pipelines, PHCL transformers, high tension wires, electricity and telephone poles, water pipelines, etc as laid down by Physical Planning and Town Planning laws must be observed.
• The beacons on the survey plan must conform with what is on the subject site.
• The subject site must not fall on road alignment.
• The subject site must not fall within forest reserve.
• The subject site must not fall within a committed government area.
• The subject site must fall within the permitted Regularisation areas
Caveat: Acceptance of applications for Regularisation is at the request of the applicant and does not in any way indicate that the application will be approved for Regularisation
