A Building / Development Permit grants permission to develop any land or buildings and is given by the Board under the law establishing Anambra State Physical Planning Board.
A building here means any structure (whether of a temporary or permanent nature) erected or made on, in, over, or under any land.
A 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 a building including the felling of trees and the placing of free-standing erections used for the display of advertisements on the land.
A development permit granted to you is valid for two years from the date of communication of the approval of a development permit to a developer. Where a developer fails to commence development within two years the development permit shall be subjected to re-validation by the Control Department which issued the original permit.
Enforcement Notices include:
(a) Stop-work order
(b) Contravention order
(c) Quit notice
(d) Demolition / Removal notice
(e) Revocation order
(f) Seal-up notice.
A developer is required to comply with the requirements of an enforcement notice within 14/7 days or less than 48 hours (depending on the gravity of the offence/illegality). A developer who fails to comply with the terms of an Enforcement Notice or disregards a stop-work order issued and served according to the Law No. 9 of 2013 establishing the ANSPPB shall be guilty of an offence and liable to conviction or a fine of N50,000 in the case of an individual and N100,000 in the case of a corporate body. Moreso, ignoring summon(s)/enforcement notices served on an illegal development may result in the demolition of the development.
The Board or the relevant Local Planning Authority shall enforce an order of a Planning Tribunal or High Court against a developer who fails to comply with such an order and can remove the said nuisance.
It is your responsibility as a developer to ensure that the building is certified at every specified stage of construction by a Civil / Structural Engineer registered to practice in Nigeria. The Civil/Structural Engineer shall issue a certificate Structural Stability of the building to the developer and the Certificate as issued shall be duly stamped with the particulars and registration number of the Engineer, and the same shall be filed with the Board/Authority and also be produced at the site on demand. The supervision by the Engineer referred to the above is without prejudice to the inspection of the building under construction at any stage and at any time by authorized officers of the Anambra State Physical Planning Board / relevant Local Planning Authority.
At the completion of the construction of an approved building, a Certificate of building completion and fitness for habitation duly signed by the General Manager of the Board / Executive Secretary of the Local Planning Authority must be obtained before the building would be occupied. Additionally, high rise buildings and public or institutional buildings must also obtain a Certificate of worthiness for the electrical and mechanical system from an Engineer registered to practice in Nigeria. It must be duly signed and stamped with the particulars and registration number of the Engineer and the same shall be filed with the Board / relevant Local Planning Authority.
We take steps to ensure that after the application for a building permit, every site is inspected by an authorized town planning officer of the Board/Authority to validate that the proposed development(s) shown on the building plan conforms with the provisions of the land-use zoning of the relevant areas, and with the appropriate layout plan or scheme covering the area of the proposal; or master plan or some other relevant development guide or framework approved by the Board or other authority for the area.
The height of buildings within Anambra State shall be in accordance with the height restrictions specified in Anambra State Physical Planning Board / Local Authority (Building) Regulations, 2015, or as specified in the relevant Approval Order in the case of approved layouts. These restrictions may be amended from time to time by the Board without notice.
All developments including residential, commercial, industrial, or agricultural must be done in conformity with specifications stated in the Anambra State Physical Planning Board / Local Planning Authority (Building) Regulations, 2015.
Approval/building permit shall be required for any land development. A developer shall submit a development/building plan for the approval of the Board / the Local Planning Authority. A developer (whether private or government) shall apply for development/building permit in such manner using such forms and providing such information including building plans, designs, and site analysis reports.
No development shall be commenced by any government or its agencies without obtaining approval from the Board/Local Planning Authority.
Building plan(s) shall be prepared by a registered Town Planner, registered Architect, and a registered Engineer.
Assessment is made on the intending developer’s building, fence-wall, renovation, petition, etc according to the use, such as use for residential, public, commercial, industrial, etc in a rural area or urban area. Also, the location of the site, as well as number of buildings, are equally considered in the assessment of planning fees for a building development whether proposed or existing. The assessed amount is paid by the developer to the Government through the Bank of his choice then followed by the Board’s/LPA’s processing of the building permit.
The fees are determined by the Town planners according to the provisions of the fees schedule of ANSPPB. The developer visits the Local Planning Authority and the intended development: fencing, building, etc is assessed according to use such as residential or commercial and location such as rural area or urban area. The assessed amount is then paid by the developer and his development permit is fully processed and granted.
A person who fails to comply with the terms of an Enforcement Notice or disregards a stop work order issued and served pursuant to the law establishing ANSPPB shall be guilty of an offence and liable on conviction to a fine not exceeding N50,000 in the case of an individual and in the case of a corporate body to fine not exceeding N100,000.
A person shall be guilty of an offence if he:
- Executes or cause to be executed any work aimed at the demolition, alteration or execution in any manner which changes the character of a listed building; or
- Fails to comply with any conditions attached to a written consent of the Control Department.
A person guilty of any of the above shall:
- On summary conviction be liable to imprisonment for a term not exceeding three months or to a fine not exceeding N20,000 or to both such imprisonment and fine.
- On conviction or indictment be liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding N50,000 to both such imprisonment and fine;
- In case of a body corporate, to a fine of N100,000;
- Its principal officers shall also be liable to a fine not exceeding N2,000 for every day the offence continues or to imprisonment for a term not exceeding one month.