How to Avoid Government Demolition When Buying Property in Lagos

Buying property in Lagos is a major financial decision. For many buyers, it represents years of savings, an investment for the future or a home they intend to pass on to their children.

But there is a risk buyers sometimes underestimate: purchasing a property that may later become subject to government enforcement, restrictions or demolition.

The question is not simply whether a building looks good, whether the developer has sold several units or whether the property is located in an expensive neighbourhood. The more important question is whether the land and development are legally and physically suitable for the building standing on them.

1. Understand the risks associated with sand-filled land

One issue property buyers should investigate carefully is land that has been reclaimed or developed using sand filling. Sand filling is not inherently illegal, and the fact that land has been reclaimed does not automatically mean a building on it will be demolished.

The relevant questions include where the land is situated, whether reclamation was permitted where required, whether the site falls within an environmentally restricted area, and whether the proposed development complies with applicable planning requirements.

Two properties built on reclaimed land may have very different legal and environmental circumstances. A properly authorised development is not necessarily equivalent to a building constructed on land reserved for drainage, a designated right-of-way, a protected wetland or another restricted area.

Buyers should not make decisions based on the phrase “sand-filled land” alone. Investigate the specific plot, its approved use, planning status and any environmental restrictions.

Why the location matters

The presence of neighbouring buildings does not establish that a particular plot is approved for development. Nor does an agent’s reputation replace independent verification of the documentation and planning status. Check the exact location against applicable planning and environmental requirements.

2. Do not assume a property is safe because a previous government permitted development

A new administration may review development policies, enforcement priorities, environmental concerns and compliance with existing regulations. This can create uncertainty for property owners and prospective buyers.

However, a change of administration does not automatically make every approval issued by a previous government invalid. The legal status depends on the applicable law, the validity and scope of the approvals, the location and whether the development complies with relevant requirements.

Do not purchase a property simply because someone tells you that the previous administration approved it. Verify the approval and establish whether it covers the actual development. If the status is uncertain, obtain independent legal advice and seek clarification from the relevant government authorities before committing your money.

Should you wait for the next administration?

Some buyers may wait until a new administration takes office to see how it approaches a particular area or category of development. That is a personal investment decision, but it carries uncertainty.

A new administration may maintain existing policies, change enforcement priorities or take a different approach to particular developments. Waiting does not guarantee that a property will become safe to purchase, and buying before a transition does not automatically mean a property will be affected.

If the property’s legal or planning status cannot be established, consider postponing the purchase until the uncertainty has been resolved. Do not treat political change as a substitute for due diligence.

3. Verify the property title independently

Before buying land or an apartment, have a qualified property lawyer investigate the title and the seller’s authority to transfer the property. Depending on the transaction, relevant documents may include a Certificate of Occupancy, Governor’s Consent, registered title documents, a deed of assignment and other records establishing the property’s legal history.

The documents required depend on the circumstances. No single document should be treated as a universal guarantee against demolition or other government action.

• Confirm that the seller has authority to sell.
• Check that title documents are genuine and consistent with the property being offered.
• Confirm that the location and land description match the documents.
• Investigate encumbrances, disputes, acquisition issues or restrictions.
• Establish whether the proposed use and development are legally permissible.

Where necessary, your lawyer should conduct searches and seek clarification from the appropriate authorities. A title investigation should be accompanied by planning and environmental checks.

4. Confirm planning and building approvals

A property may have title documentation but still face planning or building-control issues. Establish whether the relevant planning permit exists and whether it covers the building that has actually been constructed or is being proposed.

Do not assume that approval for one design authorises every subsequent alteration or additional floor. For a completed building, establish what inspections and completion documentation apply. For an ongoing development, confirm which approvals have been obtained and which stages remain outstanding.

A developer’s assurance that an approval is “in process” should not be treated as equivalent to an approval already issued. Verify documents independently with the appropriate authority.

5. Check environmental and planning restrictions

Investigate whether the land is affected by any of the following:

• Drainage channels or designated drainage alignments.
• Road setbacks or rights-of-way.
• Protected wetlands or environmentally restricted areas.
• Government acquisition or land reserved for public infrastructure.
• Other restrictions under applicable planning regulations.

The relevance of each issue depends on the property’s precise location. For reclaimed land or environmentally sensitive areas, seek appropriate professional advice on the land’s status, environmental constraints and engineering requirements.

6. Investigate the developer, not just the apartment

When buying off-plan, you are committing to a development that may not yet be complete. The developer’s reputation matters, but reputation alone is not enough.

Review relevant title documents, planning approvals, approved drawings and the sale agreement. Confirm that the apartment being sold corresponds with the approved development. Investigate the developer’s track record, inspect construction progress where possible and establish the contractual delivery date and remedies available if obligations are not met.

Visible construction progress does not, by itself, prove that every regulatory requirement has been satisfied.

7. Be cautious if you are pressured to pay before verification

Claims that a property is in high demand or that a special price is available for a short time should not prevent appropriate checks. Before paying a substantial deposit, understand the property’s legal status, the transaction terms and the conditions under which your money may be refundable.

Ask for important representations to be documented in writing. If a seller refuses reasonable verification, cannot provide relevant documents or pressures you to ignore unresolved concerns, reconsider the transaction.

8. What if you discover a risk?

If you cannot establish a property’s planning or environmental status, do not assume that the risk will disappear. Consider postponing payment while your lawyer investigates and obtains clarification from the relevant authorities.

Ask specific questions about the plot, approved land use, the scope of the planning permit and restrictions affecting the site. If the uncertainty cannot be resolved satisfactorily, you may decide to look for another property. The decision should be based on verified facts, the legal position and your tolerance for risk.

Final thoughts: Reduce avoidable risks before buying

No agent, developer or lawyer can responsibly guarantee that a property will never be affected by future government action. Buyers can, however, reduce avoidable risks by investigating the land, verifying title, checking planning and building approvals, identifying environmental restrictions and obtaining independent professional advice.

Sand-filled land is not automatically illegal, and a change of government does not automatically invalidate a property’s approvals. The critical issue is the property’s actual legal, planning and environmental status.

For a significant property purchase, consult a qualified property lawyer and the relevant planning authorities before making an irreversible financial commitment.