Development control

Establishment and jurisdiction of Development Control Department

(1) The Commission, the Board and the Authority shall respectively establish a de-
partment to be known as a Development Control Department (hereafter in this Act
referred to as "the Control Department").

(2) The Control Department created under subsection (1) of this section shall be a
multi-disciplinary department charged with the responsibility for matters relating
to development control and implementation of physical development plans.

(3) The Control Department at the Federal level shall have power over the develop-
ment control on Federal lands and estates.

(4) The Control Department at the State level shall have power over the
development
control on State lands.

(5) The Control Department at the local government level shall have power over
control of development on all land within the jurisdiction of the local government.

Powers and functions of the Development Control Department

Approval of a Planning Authority before development

(1) Approval of the relevant Development Control Department shall be required

for any land development.

(2) A developer shall submit a development plan for the approval of the Develop-
ment Control Department.

Government agency to obtain approval of the Control Department

Any existing law exempting Government and its agency involved in development
of
land from obtaining approval of the relevant Control Department is hereby
repealed.

Application for a development permit

(1) A developer (whether private or government) shall apply for a development

permit
in such manner using such forms and providing such information including plans,
designs, drawings and any other information as may be prescribed by regulation
made
pursuant to this section.
(2) No development shall be commenced by any Government or its agencies
without
obtaining an approval from the relevant Development Control Department.

(3) A plan required to be made under this Act shall be prepared by a registered ar-
chitect or town planner or engineer and shall be in accordance with the provisions
of this
Act.

Grounds for rejection of a development application

An application for a development permit may be rejected if-

(a) the plan is not in accordance with an approved plan; or

(b) the plan is in the course of preparation; or

(c) in the opinion of the Control Department, the development is

likely to have
major impact upon the environment, facilities, or inhabitants of the
community
or contains such additional facilities which are not within the estimation of
the
Physical Development Plan for that community; or

(d) in the opinion of the Control Department, the development is

likely to cause a
nuisance to the inhabitants of the community or contains such additional
facilities that are not within the estimation of the Physical Development
Plan for
that community; or

(e) the development is not in accordance with any other

condition as may be specified under any regulation made pursuant to this
Act

Submission of detailed environmental impact statement

A developer shall at the time of submitting his application for
development submit to
an appropriate Control Department a detailed environmental impact
statement for an application for-

(a) a residential land in excess of 2 hectares; or

(b) permission to build or expand a factory or for the construction of an

office
building in excess of four floors or 5,000 square meters of a lettable
space, or

(c)permission for a major recreational development.

Approval and rejection of a development permission

(1) The Control Department may approve or reject an application for

development permission.

Delay of approval of an application subject to conditions

(2) The Control Department may delay the approval of an application for
development permit if circumstances so require that-

(a) the developer at his own expense-

(i) shall provide public infrastructure and facility; or

(ii) shall provide necessary commercial facility; or

(iii) shall provide necessary social, recreational, communal facility; or

(iv) shall pay a sum of money in lieu to the Control Department for
providing (i) and (ii) of this paragraph;

(b) the developer enters into an agreement with an individual,

corporate or unincorporated body in respect of any matter the Control
Department deems to be necessary for the development;
(c) the developer pays such fee or other charges imposed by the Control
Department; and

(d) the developer shall comply with any other condition stipulated by
regulation made under this Act.

(3) In reaching its decision under sections (1) and (2) of this section the Control
Department shall comply with-

(a) the policy and proposal of an approved plan applicable to a locality

within its area of jurisdiction;

(b) a proposed plan or an approved plan under review; and

(c) any other consideration made particular and applicable to a locality by

a regulation made by or pursuant to the provisions of this Act.
Time limit for delaying approval

(4) Subject to such directives as may be given by the Federal, State or local
governments,
a Control Department may delay the approval of an application for development
permission for a period of time not exceeding 3 months.

Decision of the Control Department shall be in writing

(5) The Control Department's decision on an application for development permit

shall be communicated to the applicant in writing.

Control Department to give reasons for its decision

(6) Where the Control Department decides not to approve an application it shall
give
reasons for its decision.

Control Department's decision is conclusive evidence of facts so stated

(7) The Control Department's decision shall be conclusive evidence of information

stated therein.

Legal right shall attach to an application after it is communicated

The refusal or rejection of an application for development permit shall not confer
on a developer any legal or other rights until it has been communicated to the
applicant in
writing.

Development permit valid for two years

(2) A development permit granted to a developer shall-

(a) remain valid for two years from the date of communication of the
approval of
a development permit to a developer; and

Failure to commence development within 2 years of approval of a application

(b) where a developer fails to commence development within two years

the
development permit shall be subject to re-validation by the Control Department
which issued the original permit.
 (4) The Control Department's decision on subsection (1) of this section shall be
communicated in writing to a developer or a holder for the time being of a
development
permit.

Appeals against alteration, amendment, etc., of conditions attached to grant of

a development permit

A dissatisfied developer or holder for the time being of a development permit may
appeal to a tribunal set up to hear appeals within 28 days of service of a notice
under this
section by the Control Department.

Revocation of development permit by the Control Department

(1) A development permit already granted and communicated to a developer or

holder for the time being may be revoked by the Control Department which shall
serve a
notice of its intention to revoke the development permit.

(2) The notice in subsection (1) of this section shall state the reasons for the
revoca-
tion of the development permit.

(3) The Control Department shall consider any representation made by a developer
to it.

Appeal against revocation of a development permit

(1) A dissatisfied developer or holder for the time being or a development permit
may appeal against the decision of the Control Department in the first instance to
the
Minister or Commissioner charged with responsibilities for matters relating to
planning.

(2) An appeal against the decision of the Minister or Commissioner shall be to a

tribunal set up to hear appeals within 28 days of service of a notice under this
section by a
Control Department.

Conditions for revoking a development permit

In the exercise of its functions under section 34 of this Act the Control Department
shall-
 (a) have regard to all matters and conditions specified by the
provisions of this Act
prior to granting a development permit; and

(b) take into account matters of over-riding public interest as

provided for in sec-
tion 27 (2), (3) of the Land Use Act.

Compensation payable for revocation of a development permit

Compensation shall be payable for the revocation of a development permit to a

devel-
oper or the holder for the time being of a development permit if-

(a) development has commenced; or

(b) the developer or holder is liable under an existing contract to a third

party to
damages for a breach of contract; or

(c) the developer has incurred any expense or has suffered a loss during
the process of obtaining the development permit.

Time limit for payment of compensation

Compensation payable under this section shall be paid not later than 90 days after a
claim for compensation had been made.

Dispute arising from compensation payable

In the event of a dispute arising as to the amount of compensation payable to a

developer, the dispute may be referred to a Planning Tribunal.

An appeal against the decision of a Planning Tribunal in respect of an amount pay-

able to a developer shall lie as of right to the High Court in the State or the Federal
Capital Territory, Abuja, as the case may be.

Enforcement

Service of enforcement notice

(1) The Control Department may serve an enforcement notice on the owner of a
private residential, commercial, industrial or any other land wherever any
development is
commenced without its approval.
(2) An enforcement notice may be issued pursuant to subsection (1) of this section
notwithstanding that the unauthorised development took place before the
commencement of this Act.

Alteration, variation, etc., of a development

(1) An enforcement notice served pursuant to subsection (1) of section 47 may

direct
the developer to alter, vary, remove, discontinue a development.

(2) The Control Department may impose additional conditions as it may deem fit
in
each circumstance.

(3) Before issuing or serving an enforcement notice in accordance with the

provisions
of subsection (1) of this section, the Control Department shall-

(a) have regard to the existing conditions for granting a

development permit;

(b) have regard to the likely environmental degradation or impact of a

development carried out or being carried out;

(c) consider the over-riding public interest without prejudice to

paragraph (b) of this section.

Form of an enforcement notice

(1) An enforcement notice served under section 47 of this Act by the Control
Department shall-

(a) be in writing and communicated to the developer;

(b) state the reasons for the proposed action of the Control Department;

(c) consider any representation made by a developer or on behalf of a

developer.

(2) An enforcement notice may require a developer to alter, remove, or

discontinue a
development to ensure that the development becomes a lawful development or
becomes
compatible with the use for which an adjoining land has been put.

Enforcing an order
A Control Department or its authorised agent shall enforce an order of the Planning
Tribunal or High Court against a developer or holder for the time being of a
development
permit who fails to comply with such an order.

Developer liable for expenses incurred by a Control Department

A developer or holder for the time being of a development permit shall be liable
for
all expenses reasonably incurred by a Control Department or any of its officers or
agents,
as the case may be, in enforcing the provisions of section 51 of this Act.

Issuance of stop-work order for unauthorised development, etc.

Where it appears to the Control Department that-

(a) an unauthorised development is being carried out; or

(b) where a development does not comply with a development permit

issued by
the Control Department, the Control Department shall issue a stop-work order
pending the service
of an enforcement notice on the owner, occupier or holder as specified in section
50 of this Act:
Provided that where the development or use is a minor development or use, the
Control Department shall have the power to order the developer to alter, remove or
dis-
continue the development or use without reference of the matter to a court of Law.

Stop-work order to take effect on service

A stop-work order shall take immediate effect upon service on a developer or the
oc-
cupier of the development for the time being.

Information to be contained in a stop-work order

A stop-work order shall comply with the provisions of section 53 of this Act and
shall
in addition inform the developer or occupier of--

(a) the development which is required to be stopped; and

(b) the work to be done on the site to conform with the development
permit issued thereto.
Reasonable time to be given to a developer to comply with a stop-work order
The Control Department shall give a reasonable time not exceeding 21 days within
which the developer shall be required to comply with the provisions of section 53
of this Act.

Effect of failure to serve enforcement notice within 21 days of service of a

stop-work notice

A stop-work order shall cease to have effect if within 21 days of its issue the en-
forcement notice is not served on a developer.

Extension of time within which to comply with a stop-work order

Where an enforcement notice is served in respect of a development to which a

stop-
work order is served, a planning tribunal may on the application of the Control
Department
extend the period of time during which a stop-work order shall remain in force.

Penalty

A person who fails to comply with the terms of an enforcement notice or

disregards a
stop-work order issued and served pursuant to this Act is guilty of an offence and
liable
on conviction to a fine of not exceeding N10,000 in the case of an individual and in
the

case of a corporate body to a fine not exceeding N50,000.

Contravention notice

Where a developer contravenes the provisions of a planning law or any regulation

made pursuant to a law, the Control Department shall have the power to require the
de-
veloper to-

(a) prepare and submit his building plan for approval; or

(b) to carry out such alterations to a building as may be necessary to

ensure compliance; or

(c) to pull down the building; or

 (d) to re-instate a piece of land to the state in which it was prior to the
commencement of building.

Demolition

(1) The Control Department shall have the power to serve on a developer a demoli-
tion notice if a structure erected by the developer is found to be defective as to pose
dan-
ger or constitute a nuisance to the occupier and the public.

(2) Notice served pursuant to subsection (1) of this section shall contain a date not
later than 21 days on which the Control Department shall take steps to commence
demo-
lition action on the defective structure.

Control Department's power to demolish a defective building

After the expiration of the time specified in the notice served under subsection (1)
of
section 61 of this Act, the Control Department shall take such necessary action to
effect
the demolition of the defective structure.

Cost of demolition to be paid by developer

A developer shall reimburse the Control Department for all expenses reasonably
in-
curred in exercise of its powers under section 62 of this Act.

Additional control in special cases

Conditions for including a building in the Development Control

Department's list

A building may be included in the Control Department's list if-

(a) the building is of historic or special architectural interest;

(b) its exterior contributes to the architectural or historic interest of a

building or a
group of buildings of which it forms a part;

(c) a desirable man-made object or structure is fixed to the building or a

part of the
Demolition, alteration, etc., of a listed building

(1) A listed building may be demolished, altered or extended if the Control

Department
gives a written consent for the execution of works on the listed building:
Provided however that the National Commission for Museums and Monuments'
consent shall be obtained before the demolition, alteration or extension.

(2) For the purposes of this section, the Control Department referred to means the
Federal Development Control Department.

Offences

A person shall be guilty of an offence if he-

(a) executes or causes to be executed any work aimed at the

demolition, alteration
or extension in any manner which changes the character of a listed building; or

(b) fails to comply with any condition attached to a written consent

of the Control
Department. Penalty

A person guilty of an offence under section 60 of this Act shall-

(a) on summary conviction be liable to imprisonment for a term not

exceeding
three months or to a fine not exceeding N1,000 or to both such imprisonment
and fine;

(b) on conviction on indictment be liable to imprisonment for a term

not exceed-
ing twelve months or to a fine not exceeding N2,000 or to both such imprisonment
and fine;

(c) in the case of a body corporate, to a fine of N5,000;

(d) be liable to a fine not exceeding N200 for every day the offence
continues or
to imprisonment for a term not exceeding one month.

dimensions, appearance, display, siting

and manner in which an advertisement billboard shall to be affixed to land.

(2) No person shall display an advertisement without the written consent of the
Control Department.
Maintenance of waste land, etc.

If it appears to the Control Department that the amenity of a part of an area or an

adjoining area is seriously injured by the condition of a garden, vacant site or an
open land,
the Control Department shall serve on the occupier or owner of such land a notice
requiring such step for abating an injury as may be specified in the notice to be
taken within such period of time as may be specified.

Acquisition of land and compensation

Power to revoke acquired right of occupancy

(1) Where it appears to the Commission, the Board or Authority that it is necessary
to
obtain any land in connection with planned urban or rural development in
accordance
with the policies and proposals of any approved plan, any right of occupancy
subsisting
on that land shall be revoked on the recommendation of the appropriate authority.

(2) Any right of occupancy held in pursuance of subsection (1) of this section shall
be revoked in accordance with the relevant provisions of the Land Use Act.

Compensation

(1) All matters connected with the payment of compensation for the revocation of a
right of occupancy under this Part of this Act shall be governed in accordance with
the relevant provisions of the Land Use Act.

(2) Any compensation payable as a result of the revocation of a right of occupancy

under this Part of this Act shall be paid within a reasonable period.

(3) Where in the opinion of the Control Department any person has committed a
gross contravention of an existing scheme, the land together with any building and
any goods or furniture therein may be requisitioned of forfeited for the breach of
the scheme under this Act without the payment of any compensation.

Facilitation and execution of approved plan, etc.

Notwithstanding any provisions of this Act, the Control Department may, where it
deems fit and necessary-

(a) facilitate the execution of the approved plan;

 (b) make payment of reasonable compensation to any person who
sustains a dam-

age or suffers any loss by reason of his land being affected by-

(i) injurious affection;

(ii) disturbance;

(iii) severance; and

(iv) displacement,

as a result of the land being lawfully developed or which after lawful activity is
being
carried forth in order to give effect to any provisions of this Act.

Recovery of betterment from owners of land or property increased in value

(1) Where by the coming into operation of any provisions contained in a Physical
Development Plan or by the execution of any work under a Physical Development
Plan, any land or property within the area to which the Physical Development Plan
or work relates is increased in value, the Control Department may recover within
three years after the date on which the provision came into operation, or within
three years after the completion of the development or activity, as the case may be,
from any person whose property is thereby increased in value for an amount not
exceeding 75 per cent of the increase thereto.

(2) For the purpose of this provision, the Control Department may make rules or
regulations.

(3) A claim in respect of an increase in the value of any land or property shall be
made by the Control Department by serving upon the person from whom the
amount is
recoverable, a notice in writing stating the basis of the claim and the amount.

(4) Any sum recoverable under this section may be set off against any claim for
compensation payable under this Act.

(5) Where any provision of an existing scheme is revoked or modified by a

subsequent scheme, no claim for betterment shall accrue to the Control Department
in respect of any land or any property whose value is being increased:
Provided that any outstanding claim due to the Control Department from any
person whose land or property is affected by previous scheme before the
revocation or modification order shall not thereby be discharged but the payment
of the amount recoverable
shall remain enforceable as a debt due and payable to the Control Department
under this Act.

Improvement areas - rehabilitation, renewal and upgrading

Exercise of powers under this Part

Where a local plan prepared by the appropriate authority for the reasons set out in
section 11 of this Act has been approved under section 19 of this Act, the authority
may exercise the power set out in this Part of this Act for the purposes of assisting
in the implementation of that local plan.

Improvement areas

(1) A local plan to which section 11 of this Act applies may designate and the
appropriate authority may, after the plan has been approved, by order published in
the Gazette, declare, any part of the area for which such plan has been made to be
an improvement area for the purpose of rehabilitating, renovating and upgrading
the physical environment, social facilities and infrastructure of the area.

(2) The rehabilitation, renovation and upgrading may be brought about through the
combined efforts of the residents of the area concerned, the Control Department
and any other statutory bodies as may be relevant and complimentary to the
rehabilitation, renovation or upgrading of the area.

(3) The appropriate authority shall, before declaring an area to be an improvement

area, satisfy itself that the purpose set out in subsection (2) of this section is
reasonably
likely to be achieved.

Consultation and co-operation in improvement areas

(1) The appropriate authority shall, before declaring any part of an area to be an
im-
provement area-

(a) use its best endeavour to inform, by such means as it deems fit, the
residents of the proposed improvement area of-

(i) the purposes and contents of the proposed improvement;

(ii) the powers vested in the authority; and
(iii) the facilities which would be made available and benefits to be derived
in the area
(b) hold meetings with the local government of the area or any other
associations
in the area to--

(i) ascertain the views of the residents on the proposed improvement area
and the exercise of powers relating thereto;

(ii) set up liaison or consultative committees between the authority and

representatives of the residents to monitor the progress of the rehabilitation,
renovation or upgrading in the area;

(c) inform other relevant statutory authorities of the proposed

improvement area
and invite their views and comments thereon;

(d) take into account the views and comments made under
paragraphs (b) and (c)
of this subsection and from other interested parties on the proposed improvement
area.

(2) The appropriate authority shall, after declaring an area to be an improvement

area-

(a) hold regular meetings with the committees established under subsection
(1) (b) (ii) of this section;

(b) assist or join other persons and authorities in assisting a resident

or group of
residents within the area to draw up and implement plans for the improvement
of the neighbourhood;

(c) generally advise and assist the residents of the area to take full advantage
of
the improvement concerned.

Powers of the authority in an improvement area

The appropriate authority shall, in an improvement area, have power to-

(a) prepare an improvement area plan showing what ways and over
what period of
time the area is to be improved and may, where necessary, include a plan for
the re-distribution of rights of occupancy of plots of land within the area or
part thereof; or
 (b) grant, guarantee or otherwise facilitate the granting of loans to
persons or groups of persons-

(i) to assist in the improvement, repair or renovation of houses

within the
area as may be directed by the appropriate authority; or

(ii) to provide, improve, repair or renovate social and community

facilities within the area; or

(c) subject to section 51 of this Act, demolish or order the

demolition of a building
or part thereof and, where appropriate, recover the cost of the demolition from
the owner of the building or part thereof; or

(d) improve, repair or renovate or order the improvement, repair or

renovation of a
building or part thereof and, where appropriate, recover the cost of the im-
provement or repair from the owner of the building or part thereof; or

(e) pay compensation promptly, on such terms and conditions as

may be pre-
scribed, to a person who suffers a loss or damage through the exercise by the
authority of its powers in the area.

Restriction on power to demolish

The power of an authority to demolish or order the demolition of a building or part

thereof under this Part of this Act shall not be exercised unless-

(a) the building falls so far below the standard of other buildings
used for
habitation in the area that it is or is likely to become a danger to the health of its
occupiers or occupiers of adjacent buildings;

(b) the building is in such a state of disrepair that it is or is likely to

become a
danger to public safety and cannot at a reasonable cost be repaired;

(c) two or more contiguous buildings are badly laid out and so
congested that
without the demolition of one or more of them that part of the improvement
area cannot be improved;
 (d) it is in connection with the provision of infrastructural facilities of
the area.

Exercise of power of repair, demolition and renovation

(1) The appropriate authority shall, before ordering the repair, demolition or
renova-
tion of a building or part thereof-

(a) inspect the building or part thereof to ascertain its condition and
situation;

(b) where the proposed order is one of repair of a building or part thereof,
prepare
a schedule of necessary regulations which shall inform the owner or occupier
of the building-

(i) of the proposed order and the reason therefor;

(ii) the date and time when and place where the authority shall consider
any representations or objections to the proposed order;

(iii) of such other matters as may be prescribed by regulations;

(c) affix a notice of the proposed order onto a conspicuous part of the
building to which the order relates;

(d) appoint a committee of members of the authority to hear, consider and

report
on any representation or objection which may be made orally and in writing by
the owner or occupier or his duly authorised representative;

(e) where the proposed order is for the demolition of a building or part
thereof,
prepare an estimate of the compensation payable to the owner occupier of the
building.

(2) Where the authority, after consideration of the report of the committee
appointed
under paragraph (d) of subsection (1) of this section, confirms the proposed order,
with or
without modifications or alterations, it shall serve a notice of the order and the
reasons
therefor in such forms as may be prescribed by regulations on-

(a) the owner or occupier of the building;

 (b) the person who made representations or objections to the proposed
order.

(3) An aggrieved owner, occupier or interested party of a building which is the

sub-
ject of a demolition order may appeal against-

(a) the order, to the Planning Tribunal established under section 86 of this
Act for
the determination of the object; and

(b) the Planning Tribunal's decision, to the High Court of the State, or of
the Federal Capital Territory, Abuja, as the case may be.

(4) An order made under this section shall take effect where-

(a) there is no appeal against the order, at least 28 days after its
service on the
owner or occupier of the building; or

(b) there is appeal against the order, at least 28 days after the appeal
has been finally determined or dismissed.

(5) The authority shall not enter to repair, renovate or demolish, a building or
part
thereof which is the subject of an order until-

(a) after the period stated in the notice of the proposed

order has expired;

(b) where there is an appeal against the repair, renovation or

demolition, until the
appeal has been finally determined or dismissed.

Provision of alternative accommodation, etc.

(1) Where the authority proposes to make an order for the demolition of a building
or part thereof used for human habitation it shall-

(a) provide a person likely to be displaced from his home by the order-

(i) alternative accommodation or site and materials for building an alternative

accommodation;

(ii) assistance in the planning and construction of the alternative

accommodation;
(iii) assistance in moving to and settling in the alternative accommodation;
or

(iv) financial assistance by way of a grant, loan or guarantee either directly

or through other authorities, on such terms and condition as the
authority- shall deem fit; and

(b) allow the person to move to and settle in the alternative accommodation
before effecting demolition.

(2) For the purposes of this Part of this Act, the word "authority" means the
Commission, the Board and the Authority.

Appeals

Establishment of the Urban and Regional Planning Tribunal

There is hereby established, in each State of the Federation and the Federal Capital
Territory, Abuja, a tribunal to be known as the Urban and Regional Planning
Tribunal (in
this Act referred to as to as "the Tribunal") which shall have the jurisdiction, power
and
authority conferred on it by this Act and by any regulations made thereunder.

Composition of Tribunal

(1) The Tribunal shall consist of-

(a) a chairman who shall be a registered town planner with 15 years post-
qualification experience;

(b) an architect;

(c) a legal practitioner knowledgeable in Planning Law;

(d) an engineer; and

(e) a land surveyor.

(2) The Minister or the Governor, as the case may be, shall appoint-

(a) the chairman of the Tribunal, on the recommendation of the

Town Planners Registration Council;
 (b) the other members of the Tribunal, on the recommendation of the
professional body concerned;

(c) the secretary to the Tribunal who shall be a town planner with at
least 5 years
post-qualification experience.

Tenure of office

(1) The chairman and members of the Tribunal shall hold office for three years and
shall be eligible for re-appointment for such further terms as the Minister or
Governor
may, from time to time, determine.

(2) The office of chairman or a member of the Tribunal shall become vacant if-

(a) he has completed his tenure of office; or

(b) he resigns his appointment in writing under his hand to the Minister
or Gover-
nor; or

(c) without good cause, declines to hear a case during a session of the
Tribunal on

three consecutive occasions; or

(d) he is adjudged bankrupt; or

(e) he is found insane; or

(f) his appointment is revoked by the Minister or Governor; or

(g) he dies.

(3) For purposes of subsection (2) (c) of this section, "good cause" means-

(a) illness certified as such by a qualified medical practitioner;

(b) a professional involvement in the case before the Tribunal at its earlier
or prior stages;

(c) having an interest of a proprietary or pecuniary nature in the case,

directly or indirectly.
(4) The chairman and members of the Tribunal shall be paid such remuneration,
fees
and allowances as the Minister or Governor shall, from time to time, approve.

Rules of procedure

The Attorney-General of the Federation shall have power to make rules of

procedure for the Tribunal.

Repeal and savings

(1) The Town and Country Planning Act is hereby repealed.

(2) The repeal of the enactment specified in subsection (1) of this section shall not
affect
any action taken, anything done or purported to be done under or pursuant to that
enactment.

Interpretation

In this Act, unless the context otherwise requires-

"Authority" means the Local Planning Authority established by section 5 (c) of

this
Act;

"Board" means the State Urban and Regional Planning Board established by
section 5 (b) of this Act;

"building" means any structure (whether of a temporary nature or not), erected or

made on, in, over or under any land;

"commercial development" means any development or use of land or any

building

on the land for any of the following purposes-

(a) a shop;

(b) an office;

(c) hotel, guest house, night club, restaurant and way side stall;

(d) a warehouse and other similar storage facilities;

 (e) a cinema theatre, sports stadium and a building providing indoor
recreational
and leisure facilities for a charge;

(f) a market; and

(g) any development or use of land or building on the land for any purpose
incidental to any of the above purposes;

"Commission" means the National Urban and Regional Planning Commission

established by section 5 (a) of this Act;

"Control Department" means any agency performing the duties of urban and
regional
planning and development control at the Federal, State and local government level;

"development" means the carrying out of any building, engineering, mining or

other
operations in, on, over or under any land, or the making of any environmentally
significant
change in the use of any land or demolition of buildings including the felling of
trees
and the placing of free-standing erections used for the display of advertisements on
the
land and the expression "develop" with its grammatical variations shall be
construed
accordingly;

"development permit" means a permission to develop any land or buildings

granted by the authority empowered to give such permission under this Act;

"development plan" means a plan indicating the manner in which an area of land
should be developed;

"dwelling-house" means a building erected or converted for use primarily to

provide living accommodation for one or more persons;

"enforcement notice" includes stop notice, contravention notice and a demolition

notice;

"industrial development" means any development or use of land or any building

on land for the purpose of-

(a) processing any mineral;

 (b) extracting or producing by whatever means other than mining one
product
from another product or substance;

(c) repair and working on any mechanised equipment;

"Institutional development" means any development on the land for any of the
following purposes-

(a) social welfare and community development, i.e. education,

health care, religion and charity etc.;

(b) offices for party political organisations, trade unions, employees;

association
and any other organisation whose principal purpose is participating
in public affairs;

(c) sports and social clubs but not clubs offering overnight
accommodation for a
charge for more than twenty persons;

(d) museums and art galleries

(e) swimming pools available for use by members of the public with
or without
payment of a charge; and

(f) any development or use of land for any purposes incidental to any of
the above purposes;

"land" includes any building and any other thing attached to the earth or
permanently
fastened to any thing so attached, but does not include minerals;

"local plan" includes plan formulating in detail, within the context of the structure
plan, the ways in which the policy and general proposals are to be implemented
and
includes any or a combination of the following-

(a) district plans which are plans designed for areas where factors in
local
planning need to be set out comprehensively; and

(b) action area plans which are plans for areas indicated (or
identified) for action
by structure plans i.e. where changes by development, redevelopment, or
improvement need to be affected;

"metropolitan plan" means general policy and proposals for the physical, spatial
and
environmental development of a very large town or metropolitan area which may
or may not extend over more than one planning authority's jurisdiction;

"Minister" means the Minister charged with responsibility for matters relating to
urban and regional planning;

"physical development plan" means any of the plans set out in section 1 of this
Act
and includes any schemes, plans or master plans approved under authority of any
legislation
repealed by this Act or made under any other authority of any legislation approved
under this Act;

"plan" means land use proposal expressed in words and graphics;

"plan area" means the area of land designated by the planning authority with
power
to designate as the area for which a physical development plan is to be or has been
made;

"region" means an area of land less than the country but more than a town area,
having
distinctive characteristics that distinguish it from other areas;

"regional plan" means statement of general policy and proposals for the
development
plan designed to channel the growth of such a region in desirable directions;

"rural area" means any part of the country which is not declared an urban area;

"structure" means any permanent or semi-permanent construction in which

persons
may reside, work or carry on other activities;

"Tribunal" means the Urban and Regional Planning Tribunal established under
section 86 of this Act;

''urban area" means any area designated in accordance with section 3 of the Land
Use Act.

Citation
This Act may be cited as the Nigerian Urban and Regional Planning Act 1992.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Urban and Regional Planning Tribunal (Federal Capital Territory, Abuja)

(Procedure) Rules.

1. Reference to Tribunal

In any case where the secretary of the Tribunal is of the opinion that a prima facie

case is shown against-

(a) a developer; or

(b) the Control Department;

(c) any other person,

he shall prepare a report of the case and formulate any appropriate charge or
charges and
forward them to the Tribunal together with all the documents considered by the
Tribunal.

2. Chairman to convene the Tribunal

The secretary shall refer the report and the charges to the chairman of the Tribunal
who shall convene a meeting of the Tribunal, as set up in accordance with rule 3 of
these
Rules.

3. Composition of the Tribunal

The Tribunal shall consist of-

(a) a chairman who shall be a registered town planner with 15 years post-
qualification experience;

(b) an architect;

(c) a legal practitioner knowledgeable in planning laws;

(d) an engineer;
 (e) a land surveyor; and

(f ) a secretary to the Tribunal who shall be a town planner with at least 5

years
post-qualification experience.

4. Parties to the proceedings before the Tribunal

(1) The parties to the proceedings before the Tribunal shall be-

(a) a representative of the Control Department;

(b) the owner or occupier whose conduct is the subject matter of the
proceedings;
and
(c) if the Tribunal so directs, the Local Planning Authority, who may be
represented by a legal practitioner.

(2) The owner or occupier whose conduct is the subject matter of the proceedings
may appear either in person or be represented by a legal practitioner and the
Tribunal
may also employ the services of a legal practitioner to present the case before it.

5. Fixing of hearing day and service of notice, etc., thereof by the secretary

(1) On the direction of the chairman of the Tribunal, the secretary shall fix a day
for
the hearing of the case and shall serve notice thereof on each party to the
proceedings as
specified in the Schedule to these Rules.

(2) The secretary shall serve on each party, other than the Local Planning
Authority,
copies of the report and all the charges prepared by the Control Department and all
the
documents considered by the panel. Service of any document on the owner or
occupier
whose conduct is the subject matter of the proceedings may be effected either by
handling
the documents to him personally or by sending it by registered post to the address.

6. Hearing in absence of parties

(1) If any party fails to appear at the hearing, the Tribunal may, upon proof of
service
on such party of the notice of hearing, proceed to hear and determine the case in
his absence.

(2) Any party to a proceeding before the Tribunal who fails to appear at the
hearing,
may within fourteen days from the pronouncement of the findings and directions of
the
Tribunal and upon giving notice to every other party and to the secretary, apply to
the
Tribunal for a re-hearing. The Tribunal, if satisfied that it is just that the case
should be
re-heard, may grant the application on such terms and costs or otherwise as it
thinks fit.

7. Hearing of witnesses and reception of documents

The Tribunal may, in the course of its proceedings, hear such witnesses and receive
such documentary evidence as in its opinion may assist it in arriving at a
conclusion as to
the truth or otherwise of the allegations of misconduct referred to it by the Control
Department.

8. Amendment of charges before the Tribunal

If in the course of the proceedings it appears to the Tribunal that the charges
forwarded to it by the Control Department require to be amended or added to, the
Tribunal
may permit such amendments or additions, as it shall think fit.

9. Holding of proceedings in public

The proceedings of the Tribunal shall be held, and its findings and directions shall
be
pronounced, in public.

10. Adjournment

The Tribunal may, of its own motion, or upon the application of any party, adjourn
hearing on such terms as to costs or otherwise as the Tribunal may think fit.

11. Penalty for giving false evidence

If any person wilfully gives false evidence on oath before the Tribunal during the
course of any proceedings, or wilfully makes a false statement in any affidavit
sworn for
the purpose of any such proceedings, the Tribunal may refer the matter to the
Attorney-
General of the Federation for necessary action.

12. Findings of guilty

If, after the hearing, the Tribunal adjudges that an offence has been committed
under
the provisions of the Act and such regulations made thereunder the Tribunal shall
record
such findings.

13. Penalties

The Tribunal shall, in pursuance to sections, 59, 60, 70 and 71 of the Act, have
power
to order a party to the proceedings who has been found guilty to comply with the
provisions set out thereunder.

14. Visit to locus inquo

The Tribunal may during the hearing of a matter before it and before its final order
visit the premises or development site which is the subject matter of the dispute
before it
for adjudication.

15. Extension of time within which to comply with a stop-work order

In pursuance of section 58 of the Act, the Tribunal may, if it deems fit and on
application
of the Control Department, extend the period of time during which a stop-work
order shall remain in force.

16. Costs

The Tribunal may, without finding an owner or occupier guilty of an offence under
the Act, nevertheless order any party to pay the costs of the proceedings if, having
regard
to his conduct and to all the circumstances of the case, the Tribunal shall think fit
so to
order.

17. Time within which to obey order of Tribunal

A person directed by an order of the Tribunal to pay money to the Local Planning
Authority or to do any other act shall within 21 days thereafter effect the order to
pay or
perform the act.

18. Appeal

In furtherance of the provisions of section 46 of the Act, an appeal shall lie as of

right
from the decision of the Tribunal to the High Court of the Federal Capital
Territory,
Abuja.

19. Publication of directions of Tribunal

Subject to the provisions of the Act any direction given by the Tribunal shall be
pub-
lished in the Gazette as soon as such direction takes effect.

20. Record of proceedings

(1) Shorthand notes of proceedings may be taken by a person appointed by the Tri-
bunal and any party who appeared at proceedings shall be entitled to inspect the
transcript
thereof.

(2) The secretary shall supply to any person entitled to be heard upon an appeal
against the direction of the Tribunal and to the High Court of the Federal Capital
Terri-
tory, Abuja, but to no other person, a copy of the transcript of such notes on
payment of
such charges as may be determined by the secretary.

(3) If no shorthand notes be taken, the chairman of the Tribunal shall take a note of
the proceedings and the provisions of these Rules as to inspection and taking of
copies
shall apply to such notes accordingly.

21. Dispensing with provisions

The Tribunal may dispense with any requirement of these Rules respecting notices,
affidavits, documents, service or time in any case where it appears to the Tribunal
to be
just to do so.

22. Extension of time

The Tribunal may in any given case extend the time to do anything under these
Rules.

23. Exhibits and books

The Tribunal may order that any books or other exhibits, produced or used at a
hear-
ing, be retained by the secretary until the time within which an appeal may be
entered has
expired, and if notice of appeal is given until the appeal is heard or otherwise
disposed of.

24. Interpretation

In this Rules, unless the context otherwise requires-

"Act" means the Nigerian Urban and Regional Planning Act 1992;
[1992 No. 88.]

"secretary" means a person appointed to act as the secretary of the Urban and
Regional Tribunal Federal Capital Territory, Abuja.

25. Citation

These Rules may be cited as the Urban and Regional Tribunal (Federal Capital
Territory, Abuja) (Procedure) Rules 1997.