Building a house or commercial property in Lagos requires more than purchasing land and obtaining a survey plan.
Before commencing construction, a property owner must establish that the land is lawfully held, that the proposed development is permitted and that the property is not affected by a government acquisition or restriction that prevents the intended use.
Unfortunately, some buyers discover that their land is under government acquisition only after paying for the property, obtaining building materials or commencing construction.
Others are told by sellers or estate agents that the land is under “uncommitted acquisition” but that they can build because the government has not started any project there.
This raises an important question: Can you legally build on land under government acquisition in Lagos?
The general answer is that you should not commence construction on land subject to a valid government acquisition unless you have established a lawful right to occupy and develop that specific parcel and obtained the necessary approvals.
The fact that the land is vacant, that other people have built nearby or that the government has not commenced its proposed project does not automatically authorise construction.
This article explains the legal risks of building on acquired land, the difference between committed and uncommitted acquisition, whether building approval protects a developer, when demolition can occur and the remedies available to affected property owners.
What Does It Mean for Land to Be Under Government Acquisition?
Government acquisition involves the exercise of statutory powers to acquire land or affect existing rights in land for purposes recognised by law.
Under the Land Use Act, rights of occupancy are subject to the statutory framework governing land administration and revocation.
Section 28 of the Act provides for revocation of rights of occupancy on specified grounds, including overriding public interest.
However, the legal effect of a particular acquisition depends on whether the government has complied with the applicable law.
A valid acquisition can affect the interests previously held by individuals, families or communities.
Consequently, a person who purchases land from a private seller after the seller’s interest has been lawfully extinguished may discover that the seller had no transferable interest.
In such circumstances, construction on the property can expose the buyer to substantial financial loss.
Can You Build on Land Under Government Acquisition?
Not merely because you purchased the land or received permission from the seller.
Where the land has been validly acquired and the seller no longer holds a transferable interest, a private sale does not ordinarily confer a lawful right to develop the property.
However, not every parcel described as government-acquired land is in the same legal position.
For example, the government may subsequently make a lawful allocation or release a defined area from acquisition.
A person holding a valid interest under such an arrangement may be entitled to develop the land, subject to the conditions of the grant and applicable planning approvals.
The critical questions are:
- Was the land validly acquired?
- Does the specific plot fall within the acquisition?
- Has the land been lawfully released or allocated?
- Does the proposed developer hold a valid interest?
- Is the proposed use permitted?
- Have the necessary planning and building approvals been obtained?
Without satisfactory answers, commencing construction is legally and financially risky.
Can You Build on Land Under Committed Government Acquisition?
Land described as being under committed acquisition is generally land acquired and designated for a government project or purpose.
Examples include:
- Road construction and expansion.
- Public schools.
- Hospitals.
- Drainage infrastructure.
- Government offices.
- Public utilities.
- Other public facilities.
Where the acquisition is valid and the land remains committed to a public purpose, a private purchaser should not assume that construction is permissible.
For example, a parcel reserved for a future road may remain undeveloped for many years.
The absence of road construction does not automatically terminate the government’s rights or make the land available for private development.
A person who builds on such land without lawful authority risks enforcement action and possible demolition.
Can You Build on Land Under Uncommitted Government Acquisition?
The expression “uncommitted acquisition” is frequently misunderstood in Lagos property transactions.
It is commonly used to describe acquired land that has not been designated for a specific government project or commitment.
However, uncommitted acquisition does not mean the land is free from acquisition.
The government may still hold the relevant acquired interest.
A seller’s assurance that the land is uncommitted does not establish that the buyer can lawfully develop it.
Similarly, the existence of neighbouring buildings does not prove that the government has released the property.
Before building, obtain reliable confirmation of the property’s current legal status and the authority under which development is proposed.
What If the Government Has Not Started Any Project on the Land?
The fact that the government has not commenced development does not, by itself, invalidate an otherwise lawful acquisition.
A parcel may remain unused because a project has been delayed, redesigned or scheduled for future implementation.
However, where a landowner disputes the legality of an acquisition, the relevant notices, statutory requirements, purpose and surrounding circumstances should be examined.
A challenge must be based on legally sustainable grounds.
A property owner should not assume that government inactivity automatically restores an extinguished interest.
Can You Build on Land With Excision in Process?
A claim that excision is in process does not establish that the land has already been released.
An application for excision may remain pending, be approved subject to conditions or be refused.
A buyer should distinguish between:
- An application for excision.
- A preliminary approval.
- A final legally effective release.
- Publication or documentation of the release.
- The seller’s separate title to the plot.
Construction should not be based solely on a seller’s prediction that the government will eventually approve an excision.
If the land remains under a valid acquisition, the proposed future release does not automatically authorise present development.
Can You Build on Gazetted Land?
Land covered by a gazetted excision may be available for lawful private development, subject to the applicable title and planning requirements.
However, the buyer must verify that the specific plot falls within the released area.
A genuine gazette covering part of a community does not automatically release every plot in that community.
The buyer must also establish a valid interest in the property.
Even where the land has been lawfully excised, construction ordinarily requires compliance with applicable planning and building-control requirements.
A gazette is not itself a building permit.
Does a Certificate of Occupancy Protect You From Demolition?
A Certificate of Occupancy is important evidence of a right of occupancy, but it is not an unconditional guarantee against every form of lawful government enforcement.
A Certificate of Occupancy does not automatically authorise development without planning approval.
It also does not make the holder immune from lawful revocation under the Land Use Act.
Where a certificate is challenged, the underlying rights and circumstances of issuance may need to be examined.
Therefore, a property owner should distinguish between:
- The legal right to hold the land.
- The right to undertake the proposed development.
- Compliance with planning regulations.
- The government’s statutory powers.
All four can be relevant to whether construction is lawful.
Can You Obtain Building Approval for Land Under Government Acquisition?
A person should not assume that a planning approval can cure a fundamental defect in the right to occupy or develop land.
Building approval and land title address different legal questions.
Planning approval concerns whether a proposed development satisfies applicable planning and regulatory requirements.
Title concerns the legal interest that entitles a person to deal with the property.
Where land has been validly acquired and the applicant has no lawful interest permitting development, a purported planning approval does not automatically confer ownership or defeat the acquisition.
If approval has already been issued, its authenticity, conditions and legal effect should be investigated.
What Approvals Are Required Before Building in Lagos?
The applicable approvals depend on the nature, location and scale of the proposed development.
Relevant requirements may include development permits, building-control procedures and other regulatory approvals.
In Lagos, the Lagos State Physical Planning Permit Authority (LASPPPA) and the Lagos State Building Control Agency (LASBCA) perform important functions within the physical planning and building-control framework.
A developer should confirm the current requirements applicable to the project.
The fact that a person has valid title to land does not remove the obligation to comply with planning and building regulations.
Likewise, payment for a planning application does not guarantee approval.
Can the Government Demolish a Building on Acquired Land?
Demolition or removal of an unlawful structure is possible where the government possesses the relevant statutory authority and complies with applicable legal requirements.
However, demolition must not be treated as an unrestricted power exercisable without regard to the law.
The legality of a proposed or completed demolition depends on matters such as:
- The legal status of the land.
- The authority exercising the power.
- The applicable statute.
- The grounds for enforcement.
- Any required notice.
- Compliance with relevant procedures.
- Existing court orders.
- The rights of affected persons.
A property owner who receives a demolition notice should seek legal advice promptly.
Ignoring the notice or assuming that construction expenses will prevent enforcement can be costly.
Can the Government Demolish a Building Without Notice?
The answer depends on the statutory power being exercised and the circumstances.
Different laws and enforcement procedures may apply to different categories of development or structures.
Where the applicable law requires notice or another procedural step, the authority must comply with that requirement.
However, a property owner should not assume that every enforcement situation is governed by an identical notice period.
The relevant law, notice, grounds of enforcement and circumstances must be examined.
Where the government acts unlawfully, the affected person may have grounds to challenge the action.
Can You Stop Demolition Through a Court Injunction?
An injunction may be available where the claimant establishes the legal requirements for the relief.
For example, a property owner may seek urgent judicial protection where there is a credible allegation that a proposed demolition or enforcement action is unlawful.
Depending on the circumstances, the claimant may apply for interim or interlocutory relief.
However, an injunction is not automatically granted merely because the owner has invested money in the building.
The court will consider the relevant legal principles, evidence and circumstances.
Urgent legal advice is important because delay can affect the practical effectiveness of the remedy.
What Should You Do After Receiving a Demolition Notice?
If you receive a demolition or enforcement notice affecting property you own or occupy, take the following steps.
1. Preserve the Notice
Keep the original notice and make copies.
Record the date and manner of service.
2. Identify the Issuing Authority
Determine which government office or agency issued the notice.
Verify its authenticity where necessary.
3. Examine the Grounds
Establish whether the notice concerns government acquisition, planning violations, building-control issues or another legal basis.
4. Gather Your Documents
Relevant documents may include:
- Title documents.
- Survey plan.
- Allocation documents.
- Certificate of Occupancy.
- Building permits.
- Approved plans.
- Relevant correspondence.
- Photographs of the property.
5. Obtain Legal Advice Promptly
A lawyer can examine the notice, the applicable law and the available remedies.
6. Consider Appropriate Administrative or Judicial Action
Depending on the circumstances, it may be appropriate to seek clarification, challenge the notice, pursue an administrative remedy or commence court proceedings.
The correct response depends on the legal basis of the proposed enforcement.
Can You Claim Compensation if Government Acquires Your Land?
Compensation depends on the applicable law, the nature of the affected interest and the circumstances of the acquisition or revocation; the Constitution generally requires compensation to be paid.
Section 29 of the Land Use Act contains provisions concerning compensation in relevant cases.
However, compensation is not automatically calculated by reference to the full market value of every claimed interest or structure.
The statutory basis and extent of compensation must be examined.
A person who acquired land from a seller without valid title should not assume that payment of the purchase price automatically creates an entitlement to government compensation.
Will the Government Compensate You for a Building Constructed on Acquired Land?
Not necessarily.
A person who builds without lawful authority on land already validly acquired cannot assume that the government must compensate them for the construction.
The legal position depends on the relevant rights, the timing of the acquisition, the applicable compensation provisions and the circumstances in which the development occurred.
Where a valid existing right was lawfully revoked, different considerations may arise.
A compensation claim should therefore be assessed against the actual statutory entitlement rather than the amount spent on construction.
Can You Sue the Seller Who Sold You Acquired Land?
Yes, where the facts establish an enforceable cause of action.
A buyer who purchased land on the representation that it was available for private ownership and development may have a claim if the seller lacked the promised interest.
Depending on the agreement and circumstances, possible remedies include:
- Rescission.
- Refund of the purchase price.
- Damages for breach of contract.
- Other appropriate contractual or restitutionary relief.
Where fraudulent conduct is established, further legal consequences may arise.
However, a claim against the seller does not automatically validate the buyer’s title or prevent lawful government enforcement.
What If You Have Already Built on Land Under Government Acquisition?
If you discover that a completed or partially completed building is situated on acquired land, avoid making further substantial investments until the legal position has been investigated.
Appropriate steps may include:
- Obtaining an independent survey investigation.
- Verifying the relevant acquisition records.
- Examining any excision or allocation documents.
- Reviewing your title documents.
- Confirming the status of planning approvals.
- Preserving evidence of the purchase and construction.
- Obtaining a legal assessment of available remedies.
Where the acquisition is disputed, the relevant legal grounds should be examined.
Where the seller misrepresented the land’s status, a claim against the seller may also need to be considered.
Can You Challenge a Government Acquisition in Court?
Yes, where the facts disclose a legally sustainable challenge.
Possible issues include:
- Whether the acquisition or revocation complied with the Land Use Act.
- Whether the government acted within its statutory powers.
- Whether the stated purpose satisfies the applicable law.
- Whether required notices were issued.
- Whether the affected land was properly identified.
- Whether relevant procedures were followed.
- Whether the claimant’s rights were lawfully extinguished.
The court’s determination will depend on the evidence and the governing law.
A challenge should not be based solely on the fact that the owner objects to the acquisition.
How to Avoid Building on Acquired Land in Lagos
Before buying land for development, take the following precautions.
Verify the Acquisition Status
Conduct an appropriate investigation using accurate survey coordinates and relevant government records.
Investigate the Seller’s Title
Confirm that the seller has a valid transferable interest.
Check for Excision or Government Allocation
Where a release or allocation is claimed, verify its authenticity and boundaries.
Confirm the Permitted Land Use
Ensure that the intended development is consistent with applicable planning requirements.
Obtain the Necessary Approvals
Do not commence construction without satisfying the relevant development-permit and building-control requirements.
Review the Purchase Agreement
The agreement should appropriately address the seller’s title, representations, completion obligations and remedies for breach.
Engage Qualified Professionals
A property lawyer and qualified surveyor can help identify title and acquisition risks before substantial expenditure.
Frequently Asked Questions
Can I Build on Uncommitted Acquisition Land in Lagos?
Not merely because it is uncommitted. The land may still be under government acquisition. A lawful interest and the necessary approvals must be established.
Can I Build While Excision Is Being Processed?
A pending excision application does not automatically authorise construction. The present legal status of the land must be verified.
Can Government Demolish a House With a Certificate of Occupancy?
A Certificate of Occupancy does not provide immunity from every lawful enforcement action. The legality of any demolition depends on the relevant law and circumstances.
Does Building Approval Mean the Land Is Free From Acquisition?
No. Planning approval and land title address different legal requirements.
Can I Recover My Money if the Seller Hid the Acquisition?
Depending on the circumstances, you may have contractual or other civil remedies against the seller, including recovery of the purchase price or damages.
Conclusion
Building on land under government acquisition in Lagos can expose a property owner to substantial legal and financial risks.
The fact that land is vacant, described as uncommitted or surrounded by existing buildings does not establish that it is lawfully available for private development.
Before construction, the developer must confirm the legal status of the land, establish a valid interest, verify any claimed excision or allocation and obtain the necessary planning approvals.
Where a property is already affected by an acquisition or demolition notice, prompt legal advice is essential.
At Lexforte Attorneys, we assist clients with land title investigations, government acquisition disputes, property due diligence, development-related legal issues, injunctions and property litigation. If you intend to build on land in Lagos or have discovered that your property is affected by government acquisition, contact Lexforte Attorneys for a legal assessment of your rights and available remedies.