ISSN 2141-1824 Contents lists available at CJ Journal of Environmental Management and Safety Journal homepage: www.cepajournal.com Vol. 8, No 1 Town Planning Authority Building Regulations and Compliance Challenges in Nigeria a Case Study Imo State Ude A. D Federal University of Technology, Owerri (FUTO) Email: ude.anayo@yahoo.com Umeh T. O Imo State University (IMSU) Ukwunna C Federal University of Technology (FUTO) ARTICLE INFO Article history Received 28 January 2017 Received in revised form 3 March 2017 Accepted 17 April 2017 Available online 18 May 2017 ABSTRACT Total compliance to Town Planning Building Regulation has always being a serious challenge amongst all building developers in Nigeria be it individuals, corporate organizations or government. This issue of non or part compliance on the part of developers has continued to cause rift between the planning authorities and local developers. It is in the bid to resolve these compliance challenges that the study is made relevant. The study adopted survey research method consisting of oral interviews, questionnaire distribution, site monitoring and documented data from relevant agencies for better analysis of the issues under consideration. The study exposed areas of difficulties in compliance by developers to include observing adequate building setbacks, none compliance to the protocol of applying and waiting for permit from the authority before commencing construction, issue of not obtaining permit before conversion from one building use to the other, construction of shops/boys quarters in places meant for setback, non-compliance to landscape standard and fencing standards. The study through the use of questionnaire exposed reasons behind non/poor compliance to include scarcity and high cost of land resource in Owerri urban, poor public relation by the planning authority, corrupt practices by the planning agencies, high cost of obtaining building permit and other perquisites for the permit and adoption of some unnecessarily high standards that are not in conformity with the local environment/society. The study recommended adequate public relation and awareness programs by the planning authorities and the Nigeria Institute of Town Planning. The researchers also called for the review of the existing Planning Authority Building Regulation to make them more relevant. There is also need for strict punitive measure to be taking against corrupt members of the planning authorities responsible for enforcing these planning regulations copyright@ 2017 cepa
Introduction Town Planning Authority Building Regulation is a legal document guiding development control operations in Nigeria. Development control on the other hand was initiated and later created by Nigeria Urban and Regional Planning Law No. 88 of 1992 to ensure orderly planning of cities and towns by stipulating permissible standards for all aspect of planning activities. It ensures that land is properly allotted and used in a manner that eliminates conflicts. Development control exists in other to regulate, in the public interest, the development and use of land (FALADE J.B 2000). It is worrisome that the provisions made the Town Planning Authority Building Regulation for locating physical development in the interest of the general public seem a difficult task for local developers to comply with. It is now a common sight to see buildings under construction bearing all manner of red paint inscriptions directing developers to stop all construction works until they reconcile with the relevant town planning authority It is also phenomenal to witness development control field staff in physical squabble with site construction workers over non-compliance to town planning standards and regulations such as: Zoning Regulations, Building set back Building Line, Building Percentage Coverage and others. The compliance level of Nigerian housing developers to Town Planning Regulations have not been very encouraging among all level of developers ranging from government, co-operate institution, nongovernmental organizations to individuals. There have been series of reports on attack of field officers of Development Control Unit of Town Planning Authority on their line of duty. Owerri Capital Development Authority (OCDA) is not exempted from that ugly trend. Field officers from Owerri Capital Development Authority have been variously harassed and even injured at construction sites where they have gone for inspections and to enforce compliance to planning regulations. A casual inspection of building sites under construction in various parts of Owerri Urban shows that most building under construction rarely comply fully to the Town Planning Authority Regulations and Standards. It is based on this premise that this paper seek to access the compliance level of local building developers in Owerri Urban as well as seek to understand reasons for poor compliance with the view of proffering solutions that will boost general compliance by local developers. Relevant Literature Review The Vice-President of Nigeria, His Excellency, Yemi Osibanjo in a conference paper delivered in 2004, defined Development Control as the way and manner in which land uses or physical development of land is regulated. According to him, this control is achieved by introduction of Urban and Regional Planning legislation which in institutionalizes land use planning as a 2
system and imposes restriction on the general right of every land owner to use or develop land in any manner they choose rather than restrictive use of land in other to achieve purposeful utilization in the interest of the general welfare of the host community. Aluko (2011) sees Development Control as a mechanism established to maintain standard based on a lay down legislation which legislate the development of land and buildings. Osibanjo (2004) identifies a challenge of building regulation compliance and Development Control using Lagos as a case study. The challenges include inadequate regulations which gives land owners opportunity to do as they wish. He also pointed out that where there exist parallel authorities controlling a particular area in urban environment, they may at times work at cross purpose. He also noted the issue of poor or non implementation of planning regulations by the authority. Okobara (2007) points out the issue of duplication of development control functions among some government agencies such as Ministry of Physical Planning, Ministry of Planning and Development, Waste Management Agency. According to him, some of these agencies approve development without reconciling with the urban master-plan. Arimah and Adegbo (2000) associate the problem of non-compliance to planning regulations and development controls to the increasing urbanization which has manifested various kinds of urban problems including development of slum settlement and unauthorized buildings occasioned by undue pressure on housing provision. Umeh (1999) in Arimah and Adegbo (2002) notes that some cities such as Lagos, Ibadan, Kano, Onitsha and Aba are growing at a rate faster than that of urbanization. This growth generates more challenges that cannot be matched by the rate of economic development of the cities in question. Another argument of Arimah and Adegbo is that urbanization has escalated urban poverty and strengthened the role or informal sector in urban development. They noted that consequences of urban poverty on quality housing is that most housing accommodation affordable to low income group will be such that fall short of minimum building standard prescribed by the Planning Regulation. They concluded that the active demand for the poorly constructed housing is due to its affordability and patronage by a particular class in urban society which encourages the production of such buildings. Methodology This study employed survey method of research consisting of the use of oral interviews involving some staff of Town Planning Department of Owerri Capital Development Authority as well as Head of the Department of the section. It also distributed questionnaires to site construction engineers/ supervisors/ contractors on their relationship with field men on site inspection. Simple random sampling techniques were used in selection of building sites that were 3
administered with questionnaires. A total of 105 sites under construction were selected from three different neighbourhoods within Owerri urban. The researchers selected 35 buildings each in those nighbourhoods. The nighbourhoods selected represented low density, high density and unplanned layouts respectively. Check list consisting of 10 building regulating parameters were used to assess developers compliance level to Town Planning Authority Building Regulations on selected construction sites. Statistical tools such as tables and chart were also employed for effective analysis of data for better comprehension. Some relevant secondary data were also used for the study. Direct observation and field monitoring of some housing project under construction were also observed or carried out to obtain first hand information on compliance level of developers to building regulations. Data Analysis and Findings Assessment of developers compliance level using a ten parameter yardstick from Town Panning Authority Building Regulation exposed gross non compliance of developers to several outdoor space standards such as percentage building coverage,building setbacks, fencing standard,plot size requirement, landscaping requirement, etc while it was convenient for developers to comply to indoor construction specification such as ventilation, lighting, circulation etc. The major areas of non-compliance include percentage building coverage, fencing standard, landscape standard, rear and side setbacks See details on figure 1 below. HOUSE NO Fig 1. Table Showing Developers Compliance Level to Planning Authority Building Regulation BUILDING COVERAGE FRONT SET BACK REAR SET BACK SIDE SETBACK LANDSCAPE PROVISION FENCING STANDARD VENTILATIO N LIGHTING CIRCULATION PLOT SIZES STANDARD YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO YES NO REMARKS 1 13 22 20 15 10 25 9 25 17 18 17 8 32 3 34 1 29 6 18 17 Low density 2 9 26 27 8 17 18 21 14 3 32 5 30 30 5 33 2 32 3 23 12 Mix density 3 0 35 25 10 19 16 17 18 0 35 1 34 32 3 34 1 30 5 9 24 High Total 22 83 72 33 46 59 47 58 20 85 23 82 94 11 96 4 91 16 50 55 SOURCE; FIELD SURVEY 2017 YES = COMPLIANCE NO= NON COMPLIANCE Figure 2 shows the total number of building plans approved by Owerri Capital Development Authority for the year 20012 to 2016. This number of approved total building plans only indicates the number of applications from developers that satisfied the conditions set out by the Authority for building plan approval in Owerri urban. This displayed figure is different from the total number of developers that applied for the registration of their building plans in each of these years. 4
Fig 2. Shows The Total Number of Registered Building Plans in OCDA Between 2012-2016. YEARS RESIDENTIAL COMMERCIAL PUBLIC/ TOTAL BUILDING BUILDING INDUSTRIAL 2012 970 63 37 1170 2013 737 75 32 921 2014 323 33 5 361 2015 112 47 24 183 2016 159 79 9 247 Source; OCDA 2017. The table above shows that the total number of annually approved plans drastically dropped from 2014 till date due to the upward review of building plan registration and approval fees. This has discouraged many developers from patronizing town planning authorities when compared with what it used to be in 2012 and 2013 before the registration fees were upwardly reviewed. A casual visit to various neighbourhoods within Owerri urban shows that more buildings are being erected now than in 2012 and 2013, yet most buildings under construction are doing so without permit from appropriate authority. Table 2 above shows the number of developers willing to allow planning Authorities play their part in the establishment of their building projects. See F3. F3. Shows Developers Compliance Level to Town Planning Registration Between the Year 2012 to 2016 in OCDA Owerri Source: Field Survey 2017 One can easily appreciate the drastic drop in the number of registered plans due to the upwards review of fees in the year, 2014. 5
Areas of Poor Compliance to Planning Building Regulation in Owerri Urban By Developers Some of the aspects of the Town Planning Regulation that are most violated by developers include the following 1. Percentage Building Coverage: The percentage building coverage specifies the percentage of land area to be covered by building(s) in a plot. The Regulation requires developers to use 33 1 / 3 percent of their total land area for construction in residential area and 40 percent for unplanned area and commercial concerns. These stipulated standards are almost impossible to implement since the conventional size of building popular within Nigeria occupies more than 33.3% of normal plot size (15x30h or 20x30) Moreover, some other advanced states like Lagos allow up to 60 percent and 70 percent for commercial. 2. Construction in progress before reference to Planning Authority. This is mostly attributed to some reasons such as the followings: Ignorance of developers especially around unplanned areas occupied by indigenous/native developers constructing on their inherited land. Another set of this group are aware of the Planning Authority but since they want to develop in piece-meal, they rather prefer procuring materials with their little fund than spend it on Planning Authority development charges. Moreover, this class believes that the fund to be paid to the Agency is huge enough to take the construction along way. Construction of shop is place of front set-back is mainly associated to the economic situation in the country where most people no longer depend on their unreliable white collar jobs which in most cases are unreliable. Most of the shops constructed in placed of building front set-back are afterthought, but in recent times the economy is making it a style especially in high density areas. Change of major feature in the original building plan without official permit from the Authority is very common especially when there is change of land/property ownership through purchase or transfer by Will. Sometimes, changes are employed to upgrade the procured facility. The major reason by most of the contraveners are ignorance. Construction of building on utility line especially telephone and electricity lines. Developers of shops along major roads or streets are culprits of this default. This kind of contravention is linked to greed on the part of some developers who systematically encroach into utility line on purpose just to increase their land area. Sometimes, ignorance on the part of developers who may be claiming the utility line as part of their original boundary is the 6
cause. However, such cases have persisted due to weak and inefficient enforcement by the appropriate Development Control Agency. Poor compliance to stipulated building setbacks by all categories of developers. The contravention of this sort is mainly attributed to limitations posed by officially stipulated plot sizes available for sale either by individual or the government. The 15 by 30 meters or 50 by 100 feet sizes that is officially available for sale will not permit proper compliance to the stipulated space standard especially in high density area where most of the developer erects blocks of flat to maximize the use of their expensive land resources. Erection of buildings on access road or extension of plot boundaries to the public access road. This is common in unplanned neighborhood where native landowners still have interest. In most of the situation, individuals or family may lay claims on ownership of the access road and therefore may decide to encroach on the access road or to even close it entirely. Non-Compliance to landscape standard by developers Non-compliance to landscape standard is usually related to high cost of land resources in Owerri. This compels local developers to extend the physical construction on their land beyond permissible level. Moreover, most developers are yet to appreciate the importance of good landscaping in environment as many still see it as waste of space that should be used for more important projects. It is only among the elites that this standard is complied with. Page B37 of the planning authority building regulation (2002) No 28 and 29 provided for compulsory landscaping of all building facilities. It specifies provision for car packing, walk ways and greenery. There has been poor compliance or non compliance of space requirement standard for various facilities due to scarcity and cost of urban lands. Poor Compliance to Planning Regulation Due to System Failure Corruption on the part of the field officers who prefer to service their pocket rather than service the purse of the authority. Interference by politicians or influential members of the society who may use their power to frustrate the officer from carrying out their official duties using their connection to the government of the day. Aluko (2011) notes the unsupportive nature of some political leaders that makes compliance difficult. He cites an ugly incident between the former governor of Oyo State and the Planning Agency during his tenure in 1999 as a bad precedence Inadequate or incomprehensive urban development policies that allow the 7
appointment of non-professionals in sensitive position. The cost of land registration which is a prerequisite and requirement for applying for building permit is costly. The process and financial cost of obtaining a registered power of attorney is on the high side. For small time developers, the cost can go a long way to aid their construction. See table 1 and two below The poor economy in the country coupled with increasing cost of property renting is resulting in unprecedented construction of substandard buildings just to escape the hooks of shylock landlords in the urban area. Ineffective enforcement of development control by the agencies concerned due to poor funding resulting in non availability of basic facilities for effective discharge of their duties such as inspection of vehicles, personnel and other incentives to encourage field officials from indulging in corrupt practices. Lack or poor incentive on the part of government or planning authority. Uchegbu, (2005). This is very important in other to discourage field officials from indulging in corrupt practices during field inspections. The common areas of contravention of Town Planning Authorities Building Regulations may be summarized as the following: Non-compliance to building set-backs. Conversion of residential buildings to either commercial or industrial uses without due permit from the appropriate authority. Building without approved plan by the authority Erection of shops in the space provided for front set-backs especially in high density areas. Encroachment of construction or fence to utility lines, especially electricity lines. Non-compliance to fencing standard and erection of fencing without permit from the authority. Non-compliance to stipulated landscape standard. Recommendations The following suggestions have been recommended as a means of boosting developers compliance to Planning Authority Building Regulations in Owerri Urban. The Nigerian Institute of Town Planners, in collaboration with planning authorities in Imo state, should engage in enlightenment campaign using mass media to regularly sensitize the public on the activities of town planners and planning authorities in relation to building construction, building regulations and built environment. This medium could serve as an avenue to throw light on several questions concerning planning and physical developing in urban environment. There is need to desist from the use of non planners as development Control Consultants. This has been a common practice in Imo state where consultants not having background in 8
Planning related discipline are used to enforce development control regulation. Again, government should be encouraged to shift emphasis on the financial gains accruing from Development Control but rather focus on using its operation to maximize the well being of urban dwellers. In the same vein non Planners should not be made the chief executive Owerri Capital Development Authority as this does not give room for maximum performance. There is need for downward review of the scale of fees payable for both land registration and town planning building permit in order to boost patronage from local developers. A five year data collected from OCDA on the total number of developers that fully complied to Town Planning Permit provisions between 2012 and 2018, exposed a drastic drop in the number of patronage from developers after the scale of fees were upwardly reviewed in 2013. Data also shows that the year 2013 had 1576 fully registered plan against 361 in 2014 it further dropped to 183 in 2015 and appreciated a little to 247 in 2016. There is urgent need to revisit the cost involved in both land registration and town planning fees. Conclusions Achieving an orderly urban environment where physical development are executed in compliance with planning regulations is possible in Nigerian cities,if only the development control operations are repackaged and presented to the public as peoples welfare oriented programme designed to enhance the welfare of the overall urban dwellers as well as its environment. Given adequate human face with right publicity, development control operations will be boosted by voluntary compliance by local developers in Owerri urban. Reference Olabori A.O. Obiuwevbi D.A, and Olomu J.J (1998). Development control and important regulator of settlement growth. A case study of Ekpoma Nigeria. Ambrose Alli University Ekpoma, Edo State, Nigeria. Aluko Ola (2011). Development control in Lagos State, an assistant to space standard for urban development. African research review, International Multi Disciplinary Journal, Ethiopia, Val 35 (5). Arimah B.C. and Adeagbo Demola (2000). Compliance with urban development and planning regulations in Ibadan Nigeria, Habitat International. Falade J.A (2010). Course modules for 2010 January programme for TOPREC examination. Gotosearch. com Ltd, Lagos Nigeria.. Osibanjo Y. (2004). Problems and Prospects of Development Control Paper delivered at Nigeria Bar Association Annual Conference, Abuja. Imo State of Nigeria official Gazette (2002). The planning authority building Regulation publish by Imo State Government. Dec. 2002. Uchegbu, S. N. (2005). The Imperatives of Effective Town Planning and the Concept of Urbanization in Nigeria 9
Journal of Environmental and planning Law ( Lagos) Published by Reuben Theodore Okonkwo & Co. Nigeria, Vol. 2 No. 1, January March pp 103-108. Appendix A Sample of Town Planning and Approval Fee for a Commercial Building N 1. Registration 20,000 2. Inspection H x L x W x 50 3. Charting 10,000 4. Plan preparation 16,000 5. Survey services 16,000 6. Certificate of fitness 75,000 7. Environmental impact analysis 150,000 8. Approval fee 110,000 per plot 9. Fencing permit 40,000 per plot A Sample of Land Registration Fee for a Plot Valued at 1.2 Million Naira 1. Capital Gain Tax (C.G.T) = 10% of the land value 120, 000 x 12 plots = 1, 440, 000 2. Stamp duty = 2% of the land purchase value 1,200,000 x 2% = 288, 000 3. Land registration fee = 50, 000 4. Chatting/inspection cost = 12,000 5. Processing = 50,000 10