What and Why do I need a Development Permit?
A development permit allows a property owner to construct, renovate, or make an addition to a structure on a property located within a Development Permit Area. A development permit must be applied for and
issued, before applying for a building permit.
Why is a development permit required?
To implement special conditions in the form of development guidelines used for the following reasons:
_ Protection of the natural environment;
_ Protection of development from hazardous conditions;
_ Revitalization of an area in which commercial use is permitted;
_ Establishment of definitive objectives and to treat the form and character of light industrial, service commercial, and multi-family development in lands located in approved development permit areas.
Citing the Nigerian Urban and Regional Planning Law Decree 88 of 1992 as amended in the Urban and Regional Planning Act CAP 138 LFN 2004. Part II, section 28, subsection 1, and 2.
(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 Development Control Department.
When is a development permit required?
A Development Permit is required for all development, either public or private (construction, alterations, or subdivisions of commercial, multi-family, or light industrial property) occurring in a development permit area.
In-Line with the relevant law, Part II section 29
Any existing law exempting Government and its agency involved in the development of land from obtaining approval of the relevant Control Department is hereby repealed.
Section 30, Subsection 1,2, and 3 went further to emphasizes the application for a development permit.
(1) A developer (Whether private or Government) shall apply for a development permit in such a manner using such forms and providing such information including plans, designs, drawings, and any other information as may be prescribed b the regulation made under this section.
(2) A Government or its agencies shall commence no development without obtaining approval from the relevant Development Control Department.
(3) The Plans required to be made under this act shall be prepared by an only a Registered Architect, Registered Town Planner, and A Registered Engineer by her recognized Registration Council in Nigeria.
Where is a development permit required?
Every State and Local Government has an approved Development Control Department / Planning Authority. Citing the relevant law, Part 1, Section 10, and 11 backed the establishment of the control department. It highlighted the composition of members and her functions as it concerns the preparation of plans for Towns, rural, local, and subject plans. Report on the implementation of the Nation Physical Development Plan and ensure control of development within her jurisdiction.
Development permit application process.
A property owner identifies a need a to construct a new building, renovate, and/or change the use of an existing structure within a development permit area. The owner or authorized agent applies to the Development Control Department / Planning Authority. The following information is required:
Applications for a development permit for new construction should include site elevations with identified colours and building materials proposed and a detailed site plan identifying parking areas, access, landscaping, location of buildings, ramps, garbage bins, and traffic flow pattern.
I hope this helps.
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